Comments for Consumer Information http://whatconsumer.co.uk Clear and Practical Consumer Advice Mon, 06 Oct 2008 07:30:31 +0000 http://wordpress.org/?v=2.6.2 Comment on Returning Damaged or Faulty Goods by Catriona http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/#comment-430 Catriona Tue, 30 Sep 2008 12:00:23 +0000 http://whatconsumer.co.uk/?p=77#comment-430 Lewis - how much use have you had out of the Xbox? If the answer is hardly any because it was constantly broken, then you should be entitled to your money back (they have tried to replace but this has not resolved the situation), You are within your rights to claim you have lost faith in the product. If you ahve had some use then you would only get some of it back. They do not have to provide you with a brand new one and are clearly reluctant to give you your money back. If it were me I would be looking to reduce this £40 as a goodwill gesture bearing in mind all of the inconvenience. if they do not, simply ask for your money back. Lewis - how much use have you had out of the Xbox? If the answer is hardly any because it was constantly broken, then you should be entitled to your money back (they have tried to replace but this has not resolved the situation), You are within your rights to claim you have lost faith in the product. If you ahve had some use then you would only get some of it back. They do not have to provide you with a brand new one and are clearly reluctant to give you your money back. If it were me I would be looking to reduce this £40 as a goodwill gesture bearing in mind all of the inconvenience. if they do not, simply ask for your money back.

]]> Comment on Returning Damaged or Faulty Goods by Catriona http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/#comment-429 Catriona Tue, 30 Sep 2008 11:45:38 +0000 http://whatconsumer.co.uk/?p=77#comment-429 Fay - The barcode / receipt fiasco is the fault of Asda, you have fulfilled your side of the bargain in bringing in your proof of purchase, it is not your responsbility to ensure the two match. However, this issue is irrelevant. You say the shoes fell apart within a week (and you have a receipt to indicate when you bought them), therefore, on this basis you would be able to reject the goods and claim a full refund, not a gift receipt. This is your statutory right (s.14 Sale of Goods). Fay - The barcode / receipt fiasco is the fault of Asda, you have fulfilled your side of the bargain in bringing in your proof of purchase, it is not your responsbility to ensure the two match. However, this issue is irrelevant. You say the shoes fell apart within a week (and you have a receipt to indicate when you bought them), therefore, on this basis you would be able to reject the goods and claim a full refund, not a gift receipt. This is your statutory right (s.14 Sale of Goods).

]]> Comment on Returning Damaged or Faulty Goods by Lewis W http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/#comment-409 Lewis W Sat, 27 Sep 2008 15:44:53 +0000 http://whatconsumer.co.uk/?p=77#comment-409 Hi. At Christmas i bought a preowned Xbox 360 with 2 games(£225) in a package deal from Gamestation. 9 months later and my 3rd replacement has broken. I'm getting really annoyed now and i phoned Gamestation only to find they couldn't give me a refund but i could pay £40 for a brand new one (i wont accept another preowned one). am i still entitled to my money back, should they give me the new one for free or is the extra £40 reasonable? Hi. At Christmas i bought a preowned Xbox 360 with 2 games(£225) in a package deal from Gamestation. 9 months later and my 3rd replacement has broken. I’m getting really annoyed now and i phoned Gamestation only to find they couldn’t give me a refund but i could pay £40 for a brand new one (i wont accept another preowned one).
am i still entitled to my money back, should they give me the new one for free or is the extra £40 reasonable?

]]> Comment on Buying Online by Daniel Brooks http://whatconsumer.co.uk/buying-online/#comment-404 Daniel Brooks Fri, 26 Sep 2008 10:45:19 +0000 http://whatconsumer.co.uk/?p=74#comment-404 I'm a resident of Denmark and I have bought items from an online shop based in the UK. The store now claims that I have to pay an additional cost for international shipping, beyond the price which they have stated and charged me. How do I deal with them? I’m a resident of Denmark and I have bought items from an online shop based in the UK. The store now claims that I have to pay an additional cost for international shipping, beyond the price which they have stated and charged me. How do I deal with them?

]]> Comment on Returning Damaged or Faulty Goods by fay http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/#comment-403 fay Fri, 26 Sep 2008 08:27:15 +0000 http://whatconsumer.co.uk/?p=77#comment-403 hi, I brought a pair of shoes from Asda for £12 when I got to the check out the cashier pointed out that there was no barcode on the shoes and asked me if I could grab a pair that did, none of the other shoes had prices on however there were lots of tags on the floor with the price of the shoes on them I picked one up and took it back to the checkout and explained that i had found it on the floor and wasn't 100% sure if that was the right tag. he proceeded to scan the tag and away I went. less than a week later and after wearing the shoes once the buckle broke. i tried to take the back to Asda with the receipt and they said all they could do is offer me a gift voucher as the barcode on the shoe does not match the one on the receipt. So am I really stuck with a gift voucher because one of their employees failed to do their job properly? hi, I brought a pair of shoes from Asda for £12 when I got to the check out the cashier pointed out that there was no barcode on the shoes and asked me if I could grab a pair that did, none of the other shoes had prices on however there were lots of tags on the floor with the price of the shoes on them I picked one up and took it back to the checkout and explained that i had found it on the floor and wasn’t 100% sure if that was the right tag. he proceeded to scan the tag and away I went. less than a week later and after wearing the shoes once the buckle broke. i tried to take the back to Asda with the receipt and they said all they could do is offer me a gift voucher as the barcode on the shoe does not match the one on the receipt. So am I really stuck with a gift voucher because one of their employees failed to do their job properly?

]]> Comment on The shop doesn’t want to know - they say it’s the manufacturer’s responsibility by Ben http://whatconsumer.co.uk/the-shop-doesn%e2%80%99t-want-to-know-they-say-it%e2%80%99s-the-manufacturer%e2%80%99s-responsibility/#comment-400 Ben Thu, 25 Sep 2008 15:45:26 +0000 http://whatconsumer.co.uk/blog/the-shop-doesn%e2%80%99t-want-to-know-they-say-it%e2%80%99s-the-manufacturer%e2%80%99s-responsibility/#comment-400 Thanks Catriona. I think I will pursue the principled argument with Orange a bit further then. I feel that their denial that they have heard of this fault (or any) with this model suggests that either - they don't monitor how durable different models are or - they don't allow their call centre staff access to this information. Neither of which, I suspect, they would be keen to admit openly. Thanks for your help. Ben Thanks Catriona. I think I will pursue the principled argument with Orange a bit further then.

I feel that their denial that they have heard of this fault (or any) with this model suggests that either
- they don’t monitor how durable different models are
or
- they don’t allow their call centre staff access to this information.

Neither of which, I suspect, they would be keen to admit openly.

Thanks for your help.

Ben

]]> Comment on Returning Damaged or Faulty Goods by Catriona http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/#comment-389 Catriona Wed, 24 Sep 2008 22:33:06 +0000 http://whatconsumer.co.uk/?p=77#comment-389 Sioban - there is no requirement for shops to offer a receipt for exchanged goods, as it is not a contract of sale - you are exchanging one item for another. However shops usually will, for their own purposes more than anything. The receipt issue is largely irrelevant, you simply need something which indicates when you were given the new lawnmower. This is because if it breaks down again, particulaly if it does so within the first 6 months, you would be entitled to request a refund due to a loss of faith in the product. You cannot request a refund unless both the repair and exchange options have been exhausted. Sioban - there is no requirement for shops to offer a receipt for exchanged goods, as it is not a contract of sale - you are exchanging one item for another. However shops usually will, for their own purposes more than anything. The receipt issue is largely irrelevant, you simply need something which indicates when you were given the new lawnmower. This is because if it breaks down again, particulaly if it does so within the first 6 months, you would be entitled to request a refund due to a loss of faith in the product. You cannot request a refund unless both the repair and exchange options have been exhausted.

]]> Comment on Returning Damaged or Faulty Goods by Catriona http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/#comment-388 Catriona Wed, 24 Sep 2008 20:58:56 +0000 http://whatconsumer.co.uk/?p=77#comment-388 Betty - Of course there is a fault with the boots - there is a tear! This should be obvious to the shop and the shop must take liability for this. You are within your rights to reject the goods and request your money back because you haven't had any use out of them. Go back to the shop informing them they are in breach of Sale of Goods S14 & 35 Betty - Of course there is a fault with the boots - there is a tear! This should be obvious to the shop and the shop must take liability for this. You are within your rights to reject the goods and request your money back because you haven’t had any use out of them. Go back to the shop informing them they are in breach of Sale of Goods S14 & 35

]]> Comment on What are my Statutory Rights? by Catriona http://whatconsumer.co.uk/what-are-my-statutory-rights/#comment-387 Catriona Wed, 24 Sep 2008 20:54:05 +0000 http://whatconsumer.co.uk/blog/what-are-my-statutory-rights/#comment-387 Bel - if it was just a couple of days ago you haven't really taken ownership of it and are in a good position to return it. You must give them the opportunity to see the problem for themselves so they can fix the problem before you demand a replacement or a refund. If the printer is for printing photos and performs badly, you need to be sure it was sold as a photo printer and not just for documents. It may simply be on the wrong setting? Bel - if it was just a couple of days ago you haven’t really taken ownership of it and are in a good position to return it. You must give them the opportunity to see the problem for themselves so they can fix the problem before you demand a replacement or a refund. If the printer is for printing photos and performs badly, you need to be sure it was sold as a photo printer and not just for documents. It may simply be on the wrong setting?

]]> Comment on The shop doesn’t want to know - they say it’s the manufacturer’s responsibility by Catriona http://whatconsumer.co.uk/the-shop-doesn%e2%80%99t-want-to-know-they-say-it%e2%80%99s-the-manufacturer%e2%80%99s-responsibility/#comment-386 Catriona Wed, 24 Sep 2008 20:48:13 +0000 http://whatconsumer.co.uk/blog/the-shop-doesn%e2%80%99t-want-to-know-they-say-it%e2%80%99s-the-manufacturer%e2%80%99s-responsibility/#comment-386 Ben - the 6 month rule is that anything occuring within that time renders it automatically the liability of the retailer. After this time you may find yourself having to prove it wasn't wear and tear. Although as you say, your phone bill can vouch for the amount of texting you do. Who did you buy the phone from? Because it is the seller you should be contacting to sort out the problem for you, not the manufacturer. Do not be directed to the manufacturer at any stage. If you bought from Orange then they need to fix this for you within reasonable time or provide you with a new phone (section 48B Sale of Goods). If you can demonstrate the problem clearly to them, the next course of action should be to 'make time of the essence' by requesting that they take action to rectify this problem to your satisfacton within 7 days, or you can claim breach of contract on their part (seciton 14) and entitlement on your part to terminate the contract. This is your statutory right. Ben - the 6 month rule is that anything occuring within that time renders it automatically the liability of the retailer. After this time you may find yourself having to prove it wasn’t wear and tear. Although as you say, your phone bill can vouch for the amount of texting you do. Who did you buy the phone from? Because it is the seller you should be contacting to sort out the problem for you, not the manufacturer. Do not be directed to the manufacturer at any stage. If you bought from Orange then they need to fix this for you within reasonable time or provide you with a new phone (section 48B Sale of Goods). If you can demonstrate the problem clearly to them, the next course of action should be to ‘make time of the essence’ by requesting that they take action to rectify this problem to your satisfacton within 7 days, or you can claim breach of contract on their part (seciton 14) and entitlement on your part to terminate the contract. This is your statutory right.

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