Right to Repair or Replace After 30 Days

Complete guide to the tiered remedy system when the 30-day right to reject expires. Learn when repair must be offered first, when you can claim replacement, and your final right to refund.

Quick Answer

After 30 days, you lose the right to reject for automatic refund. You move to tiered remedies: repair first, then replacement if repair fails, then refund as last resort. Retailer chooses repair or replacement; you don't. Repair must be free and reasonable time (usually 28-30 days). If repair fails (attempted twice), you can claim replacement. If both fail, you can claim refund (with partial deduction for use). Partial refund means you can't recover 100%; seller deducts for fair wear between 30 days and 6 months. After 6 months, proving fault becomes your burden; law presumes goods were fine if fault appears after 6 months.

The Tiered Remedy System

1

Repair: Retailer's Choice, Your Right

Retailer can offer repair (free, within reasonable time). Accept or challenge. If repair is impossible (spare parts unavailable, economics unviable), you can demand replacement. Repair must be attempted within 28-30 days. If repair drags on beyond reasonable time, complain to retailer and demand alternative (replacement or refund).

2

Replacement: After Repair Fails

If first repair attempt fails (problem recurs), demand replacement. Retailer must offer similar or identical item. If replacement unavailable, refund is your option. Replacement is free. You pay no shipping or handling. Retailer arranges everything.

3

Refund: Final Remedy (with Deduction for Use)

If both repair and replacement fail, claim refund. But refund is reduced for use between 30 days and 6 months. Formula: refund = (full price) - (depreciation for fair use). Between 6-12 months, consumer presumption disappears; you must prove fault was pre-existing (harder). After 12 months, rights expire entirely.

What the Law Says

Consumer Rights Act 2015, ss.23-24 (Tiered Remedies)
After 30 days, consumer must accept repair or replacement (retailer's choice). Only if both are impossible or if they both fail can consumer claim refund. Refund after 30 days is reduced for use and depreciation (consumer pays for wear between day 31 and claim date). Retailers must attempt repair within reasonable time; if unreasonably delayed, consumer can escalate to replacement/refund.
Consumer Rights Act 2015, s.24 (Partial Refund Deduction)
Refund reduction for use is fair if goods have been used normally. Formula is: (purchase price) × (period of normal use / expected lifespan). If item cost £100 and you used it fairly for 2 months of an expected 24-month lifespan, refund = £100 × (2/24) = £91.67. Retailer calculates fair reduction; if excessive, dispute and claim full refund in small claims.
Consumer Rights Act 2015, ss.19-20 (Fault Within 6 Months Presumption)
If fault appears within 6 months, law presumes it existed at point of sale (burden on seller to disprove). After 6 months, consumer must prove fault existed at sale (burden shifts to you). This makes claims harder after 6 months. Acting fast within 30 days (rejection) or within 6 months (repair/replace claim) is critical.

Repair and Replacement Scenarios

Retailer Offers Repair After 30 Days

You must accept (if fault is repairable). Repair is free; retailer arranges. If repair takes months (unreasonable delay), escalate and demand replacement/refund. If repair succeeds but fault recurs within weeks, demand replacement (second repair attempt failed).

Item Repaired Twice, Still Broken

After two failed repair attempts, you can claim replacement or refund. Document both repair attempts and failures. Escalate in writing: "Two repair attempts failed. I demand replacement or refund." Retailer must comply or face small claims court.

Repair Will Cost More Than New Item

Retailer can refuse repair if it's economically unviable (costs exceed new price). In that case, demand replacement or refund. If they refuse, escalate. Law expects replacement in lieu of repair that's too expensive.

Refund Offered With Large Deduction for Use

Deduction for use is fair only for normal wear. If deduction is excessive (50%+ for 2 months' use), dispute it. Escalate and claim full refund in small claims. Provide evidence of normal use (photos, timeframes, lack of damage).

Fault Appears at 5 Months, After 30 Day Window

You're within 6-month presumption window. Law presumes fault existed at sale; retailer must disprove. Claim repair/replacement/refund. Act fast; approaching 6 months weakens your position.

Fault Appears at 8 Months

You're past 6-month presumption. Burden on you to prove fault existed at sale. Harder to win. If you can show it's a known defect (recalls, common faults), you may succeed. Otherwise, settlement likely at 25-30% of price.

Frequently Asked Questions

Can I refuse repair and demand refund immediately after 30 days? +
No. After 30 days, retailer has the right to repair (it's cheaper for them). You must accept repair unless it's impossible or will take unreasonably long. Only after repair fails can you demand replacement or refund. If repair will take 3 months, escalate and demand alternative remedy.
How much can a retailer deduct for use when offering a refund? +
Deduction is calculated fairly: (use period / expected lifespan) × purchase price. For a £500 phone with 2-year expected life, 4 months normal use = (4/24) × £500 = £83.33 deduction. Refund = £416.67. Deduction only applies to normal wear, not abuse. If excessive, dispute in small claims.
What counts as "reasonable time" for repair? +
Typically 28-30 days for standard repairs. Complex repairs may take longer. If repair exceeds 30 days without explanation, escalate. Consumer law expects speed. If parts are on order and will take months, retailer must offer replacement or refund as alternative. Don't accept indefinite delays.
If repair fails, do I have to accept replacement or can I demand refund? +
After repair fails, retailer can still offer replacement (their choice). You don't get to jump to refund immediately. But if replacement is also unavailable or unsuitable, you can demand refund. If both repair and replacement genuinely fail, refund is your final remedy.
What if the fault appears after 6 months? +
Burden shifts to you to prove fault existed at sale. Much harder to win. You need technical evidence (expert report, known defect pattern, durability expectation data). Retailers often settle for 20-30% refund after 6 months rather than fight. Act within 6 months if possible.
Do I pay for return shipping during repair or replacement? +
No. Retailer pays for repair/replacement logistics if faulty. If you moved to repair/replacement remedy (after 30 days), you may pay return postage. But repair collection (retailer picking up faulty item) is free. Replacement shipping is free. Clarify with retailer when arranging repair.

Retailer Refusing Repair or Replacement?

Escalate your claim and demand your statutory remedy.

Start Your Repair/Replacement Claim