Long story short, I bought an SD card for my phone. It has a 5 year warranty in the usual terms - replace with similar or better, or full refund, at their discretion. A couple of weeks ago it became faulty so I returned it. It was packaged with an adapter I never needed or used, like this (but 64 not 128):

enter image description here

I got an email back saying "what about the adapter", which I don't have, and was a very minor part of the product.

I'm sure legally that they must honour the warranty, but I'm at a loss how to best demonstrate that's the legal position, or that I don't need to return the adapter to claim in full on the warranty of the card itself. The item is too low value to be worth getting legal advice (about £30)

What is my position, and what would some helpful relevant legal arguments or UK consumer law precedents be, to research it or avoid a long dispute?

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    I'm not from the UK, but I'd imagine the laws are similar. I'd throw the matter back at them saying "I do not have the adaptor. The adaptor is not necessary for the product to function, and you are welcome to make me whole by replacing SD card rather then refunding my money. You may want to point out the analogy that them asking for the adaptor back is akin to a company demanding the original packaging before warrantying a faulty product and is an untenable position. – davidgo Dec 6 '18 at 3:23
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    I would ask them that, if they are unwilling to remedy the faulty product how they believe the non-inclusing of the adaptor prevents the card from being used as a micro-sd card as advertised and warranted. – davidgo Dec 6 '18 at 3:23
  • Thank you. Although not a legal statement as such, they were very helpful and gave me a way to express the reply that might work out (we'll see!). Can you post them as an answer, so I can upvote them, at least unless a more rigorous consumer law answer comes along? – Stilez Dec 6 '18 at 12:09

At this point there's nothing to be lost by being as friendly and helpful as possible - all they've done so far is ask a question to which there's an easy answer.

"I no longer have the adaptor. The card has been used in a [brand of phone] phone since [approximate date]. I would be happy for you to repair the card, replace the card without the adaptor, or refund the price of the card if it's available separately."

If they suggest they can't do anything without the adaptor, it might be worth talking to the Citizens' Advice Bureau, but it doesn't sound like we're at that point yet.

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  • Thank you. I already replied using @davidgo 's approaches (comments above), but if I still have an issue I'll draw on yours. See what happens! – Stilez Dec 6 '18 at 12:11

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