Faulty hard disk prompts query over Jersey trading laws

In July last year I brought an Iomega 250GB portable hard disk for £54.99 from Play.com. The hard disk has developed a fault and now doesn't work.

I sent an email to Play asking for help and the reply was: "Unfortunately Play.com fault return stands at 28 days. Outside of this period the warranty falls to the manufacturer for the remainder of the year."

I emailed the manufacturer in Holland and was told it would replace the unit if I sent it back. But this would cost me £8.45.

Ronald Harrup

We wonder if Play realises that it doesn't matter how long its warranty period is - by refusing to help Mr Harrup it is in breach of the recently introduced Jersey Sale of Goods Act.

Until recently Jersey didn't have statutory laws such as the Sale of Goods Act and Distance Selling Regulations that protect consumers in events such as this.

There was protection but Mr Harrup would have had to contact Jersey Trading Standards for help with this matter and lodge a formal complaint.

However, from 1 September 2009, Mr Harrup was entitled to have Play take back the device and inspect it for the fault.

The Jersey Sale and Supply of Goods and Services Act, however, does not put a time limit on making a complaint. 

According to Trevor Le Roux, director of Jersey Trading Standards, it can be up to 10 years but could be as low as two years or less. He explained that it depends on the goods and other factors such as how long a product could be expected to last.

Retailers such as Play will often tell people to contact the manufacturer for help. This does seem as if they are passing the buck and although the consumer does not have to do this, in many cases it can be easier and faster to deal with the manufacturer.

However, any costs such as postage would have to be reimbursed by Play if a device was inherently faulty. We have contacted the retailer and asked it for comment, but Mr Harrup has decided not to proceed further with his complaint.

Jersey introduces statutory consumer rights

Jersey’s Supply of Goods and Services Act closely mirrors the UK mainland Sale of Goods Act and its various amendments such as the Supply of Goods to Consumers Act. Consumers have the right to reject unfit goods within a ‘reasonable time’.

Again this is subject to interpretation but we have found this is usually put at about 30 days after a sale or receipt of the goods.

However, various factors can affect this including the type of goods bought and when.