If you are stuck in such a situation, here is what to do.

In autumn last year, Mr. Alex Sharma purchased a premium smartphone case from an online retailer, “Apex Tech Accessories,” which came with a “lifetime warranty.” A few months later, in early spring, the plastic around the volume controls of the case became brittle and broke. Alex contacted Apex Tech Accessories, and they promptly sent a replacement under the terms of their warranty.

However, the replacement case has now developed the exact same fault in the same place. When Alex contacted the company again, they informed him that their policy allows for only one replacement per purchase. They stated they could not offer another replacement or a refund, but could provide a 20% discount code for a future purchase. Alex feels this is unfair, especially as the product has failed twice in well under a year, and wants to know his legal position.

Advice in such cases

When a product you’ve bought develops a fault, your primary rights are not just with the seller’s warranty but are enshrined in UK law. A company’s policy, such as a “one replacement” rule, cannot override your statutory rights. You should communicate with the company clearly and in writing, outlining the history of the issue and stating the remedy you are seeking based on your legal rights.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Applicable Sections of Law

The primary legislation governing this situation is the Consumer Rights Act 2015. This Act implies certain terms into the contract between you and the trader.

• Section 9: Goods to be of satisfactory quality. Goods should meet the standard that a reasonable person would consider satisfactory, taking account of any description, the price, and all other relevant circumstances. This includes their durability. A case that breaks twice in the same manner within a year is arguably not of satisfactory quality.
• Section 10: Goods to be fit for a particular purpose. The smartphone case must be fit for its intended purpose, which is to protect the phone and remain intact through normal use.
• Section 23: Right to repair or replacement. If goods do not conform to the contract (e.g., they are not of satisfactory quality), the consumer has the right to request a repair or a replacement. The trader must do this within a reasonable time and without significant inconvenience to the consumer.
• Section 24: Right to a price reduction or the final right to reject. Crucially, if a repair or replacement has failed to resolve the issue, you have the “final right to reject” the goods and demand a full or partial refund. Since the replacement item has also failed, you are now legally entitled to reject the goods and claim a refund. The trader’s offer of a 20% discount is insufficient; you can insist on a refund.

If you are the complainant

As the complainant, you should take structured steps to resolve the issue. First, send a formal letter or email to Apex Tech Accessories. In this communication, you should state that the replacement goods are also not of satisfactory quality, referencing your rights under the Consumer Rights Act 2015. Clearly state that because the first attempt to provide a remedy (the replacement) has failed, you are now exercising your “final right to reject” and require a full refund. This is often called a “letter before action” and shows you are serious about pursuing the matter. If the trader refuses to comply, you can consider making a claim through the small claims court (often done online via Money Claim Online).

If you are the victim

As the consumer in this situation, you are not powerless. Your contract is with the retailer (Apex Tech Accessories), and they are responsible for resolving this. Do not accept their internal policy as the final word. Your statutory rights are paramount. Keep a clear record of all communication, including dates of purchase, contact, and photos of the fault. You are entitled to a refund for the faulty goods, not just a discount on a future purchase.

How the police behave in such cases

The police will not be involved in this type of dispute. This is a civil matter concerning a breach of a consumer contract, not a criminal offence. Issues relating to faulty goods, warranties, and refunds are dealt with through direct negotiation with the trader, Alternative Dispute Resolution (ADR) schemes, or the civil courts (such as the small claims court).

FAQs people normally have

• Does the company’s “lifetime warranty” mean I have to follow their rules?
  No. A warranty or guarantee is an extra provided by the trader and cannot take away or diminish the statutory rights you have under the Consumer Rights Act 2015. Your right to a remedy after a failed replacement is a legal right, irrespective of the warranty’s terms.
• The first fault happened after the initial 30-day period. Does that matter?
  Yes, it changes the initial remedy. Within the first 30 days, you have a “short-term right to reject” for a full refund. After 30 days, you must give the trader one opportunity to repair or replace the item. In your case, you did this. As that replacement has now failed, your “final right to reject” for a refund is triggered.
• Do I have to accept the 20% discount code?
  Absolutely not. You are not obliged to accept a discount or a credit note. If you are exercising your final right to reject, you are entitled to a refund of the money you paid.

What evidence is required?

To support your claim, you should gather all relevant evidence. This includes:

• Proof of purchase (the original order confirmation email or receipt).
• All email or written correspondence between you and Apex Tech Accessories regarding both the original fault and the fault with the replacement.
• Photographs or videos clearly showing the fault on the replacement case.
• The faulty product itself, as the trader may ask for it to be returned upon providing a refund.

How long will the investigation take?

This is not a formal “investigation” in a legal sense, but a dispute resolution process. The timeline can vary:

• Direct negotiation: After you send your formal complaint letter, a trader should ideally respond within 14 days.
• Small Claims Court: If you have to issue a claim, the trader has a set period to respond. The entire process, if it remains uncontested, can take a few weeks. If it is defended and goes to a hearing, it can take several months.

Advocate Sudhir Rao, Supreme Court of India