What is a Warranty/Guarantee?
A guarantee is given free by a manufacturer and isn’t enforceable by law, it’s a promise from them that they’ll repair or replace a product if faulty. A warranty does the same thing but you tend to pay for those and therefore they are enforceable in law. The warranty will tend to state exactly what faults will and will not be covered.
They will state: "this does not affect your statutory rights" because the promises are in addition to your rights covered by law.
Who has the responsibility for fulfilling obligations under a warranty/guarantee?
The manufacturer of the product is the body offering the warranty/guarantee and the customer has to contact them directly for all repairs or replacements. But this is an (effectively) insurance policy in case you are having issues getting satisfaction under your statutory consumer rights.
What are the statutory rights?
The things you buy must be of satisfactory quality for the price, be fit for the purpose they are to be used for, lasting a reasonable length of time and to match any description according to the Consumer Rights Act 2015.
Changing your mind
If you change your mind after purchasing online you have 14 days to cancel your order then a further 14 days to return the goods. You need to inform the vendor that you are doing this. This is extended to one year and fourteen days if your vendor hasn’t told you about your cancellation rights. The goods must be returned in as new condition although the original packaging can be missing.
To cancel a contract you (usually) have to let the vendor know in writing – and although some may accept a phone call it’s in your own interests to have a copy of the letter, email or form used for future reference. Sending letters by recorded delivery means you have evidence the vendor received it.
Rejecting broken or malfunctioning goods
Within 30 days, you can return faulty goods to the seller for a full refund. After 30 days you lose the right to reject the goods and have to settle for a repair or replacement. After six months, it is the buyer who has to prove the goods were faulty in order to obtain a repair or replacement – this is when it is best to use any warranty/guarantee.
If you have damaged a product during installation or use then neither the vendor nor the manufacturer have any responsibility to repair or replace. Some items such as regulated mod boards require inspection prior to installation – it is deemed that you have done this if you go on to install it in a mod.
You need to return the goods by the cheapest available option and the vendor has to refund you if the contract is being cancelled within 14 days or the goods are faulty. It is wise to obtain a signed-for option as this proves they received the goods although you will not be able to get them to pay for this.
The vendor has 14 days to refund you after you have cancelled the contract or they have received the goods. If they do not receive the goods you can be liable for the cost.
Consumer Rights Act 2015 or manufacturers warrantee/guarantee?
Some vendors will tell you that you need to contact manufacturers to sort out any issues. All of the above rights accorded to you under the Consumer Rights Act apply to all vape-related purchases – do not be fobbed off.
Fakes and counterfeits
Vapers are well aware that the market is flooded with clones and knock-offs but that doesn’t make it legal for these things to be sold. If you have an issue with fakes or counterfeits we suggest you read this page produced by Citizens Advice.