Do shops have to give me my money back?

When you buy something from a shop you are entering into a legally binding contract. Therefore they don’t have to give you a refund simply because you have changed your mind. Only if one of your statutory rights is breached (i.e. that the item is damaged, of poor quality or not fit for purpose) do they have to give you your money back.

Shops will often tell you they will only give a refund on production of proof of purchase. Don’t be mislead into thinking this must be a till receipt. It can be a bank or credit card statement, although you may run into difficulties if it is for a different amount than that of the item you are trying to return.

More Common Complaints

Your Statutory Rights

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686 comments… add one

  • Thelma Jordan 17 November, 12:01 am

    I bought a saucepan on Saturday, 15th Nov at around 2pm at my local Morrisons store in Totton, Southampton. Having read the leaflet attached to the saucepan and realising that the handle was going to get hot when cooking with it, I decided to return it complete with all packaging and unopened on Sunday, 16th Nov at 1pm. I was told I could have a refund by way of a voucher which I was quite happy about since I shop in this store about twice a week, but was not happy when informed I had to spend the voucher before closing time on the same day, which I found very irritating since I was on my way out to meet friends for Sunday lunch.
    Please advise if the store was right to tell me when I could spend this voucher.

    Reply
  • Catriona 19 November, 1:03 am

    Thelma, When buying something in a shop you are entering into a legally binding contract of sale, and for this reason, they don’t have to give you anything just because you change your mind (only if it is in breach of your statutory rights). Therefore, although it seems a little ridiculous, they are entitled to do this.

    Reply
  • Helena 9 December, 11:49 pm

    I purchased multifunction xmas tree lights which is exempt from 30-day guarantee – on interenet it said white LED which I wanted – on bringing them home I find they are more blue than white. What are my chances of an exchange/refund/credit note.

    Reply
    • Aaron 1 May, 12:22 am

      Certain shops talk about their 30 day and (in the case of certain catalogue retailer) 14 day guarantees, and state ceertain items as being exempted from it.

      This is an add-on guarantee from the retailer (and the withdrawal of it can seem misleading) and is nothing to do with your statutory rights. It is usually a “no quibble” guarantee which is indeed beyond what the statutory rights give you.

      HOWEVER, you still have a YEAR under your statutory rights.

      All they are withdrawing is their “no quibble” refund.

      Reply
      • adam 6 September, 1:00 pm

        the 1 year statutory guarantee is a myth. the actual guarantee you get under sale of goods act is that the item must work for “reasonable” time. hence, a fridge-freezer, if malfunctioned after 18 months, could still be covered for it is reasonable to expect it to last more than 18 months.
        likewise, you wouldnt expect a 1 year guarantee on a disposable lighter

      • Stuart Halliday 7 November, 2:43 pm

        Adam is 100% correct.

        Therefore the customer should always ask how long the item about to be purchased is guaranteed or warranted for.

        Most shops offer 1 year for most things. But this is not a right.

  • Catriona 10 December, 12:58 am

    Helena, the 30-day guarantee is irrelevant here. if they were not as described you have the automatic right to reject the goods and get a full refund – even if you have opened the box. However, the problem with white LEDs is they can sometimes have a slight bluey tinge to them, although it is possible to get bright white LEDs.

    Reply
  • TONY 11 December, 12:26 pm

    I’ll be returning a pair of shoes I bought my wife and wonder how best to put it so I get my money back. They don’t actually fit as well as she would like and doesnt like the style any more! Any Help?

    Reply
  • Catriona 12 December, 10:39 pm

    Tony, shops don’t have to offer you a refund, although most will offer at least a credit note. If the shoes have been worn outside, this will be evident and the shop won’t offer anything.

    Reply
  • Mohammed 13 December, 7:09 pm

    I bought a jumper top and a set of gloves and hat to my kid from Woolworths this morning, but before I pay, I asked the sales adviser if they are not fitting, can I return them to the shop and she replied yes as long as the receipt is with me. The size was not right and I took them back to the shop, but I was told by the same adviser and another sales adviser claimed to be higher than her that a refund is no longer available and only offering exchange. The thing is the right size is not available in the shop of everything must go and the back of the receipt is still showing returned items within 16 days are eligble for refund or exchange. This is beside the misleading information of the adviser when I asked her before paying cash for her. Now they told me this and the till has no notice of non-refunding (only exchange) returned items. It was an embarrassed situation and the adviser (who claimed to be higher) was very rude and he then continued serving other customers while I was standing hopeless. I asked to speak to the manager of the store and I was told the manager will not be back untill Monday, but the decision of no longer refunding will not be changed and as it was made by the adminstrators. I appreciate your advice.

    Reply
    • amar 6 August, 2:22 pm

      hard luck eh

      Reply
  • Terry 14 December, 1:33 am

    After buying my fiancee an engagement ring from a reputable jeweller and then exchanging it later for a different one that my fiancee liked under the proviso that it be resized and the designers name be removed from the outside of the ring.
    The ring was sent off to Italy to be recast and resized. It came back 6 weeks later, however there was still issues with the size and so it was sent back again. It came back after another 3 weeks resized but the manufacturors thinking they had forgotten to put the designers name on the outside, engraved it on again.
    To have it redone without the designers name on (this meaning that it would have to be recast again and sent back to Italy) a process that will take over 2 months due to the Christmas and New year holidays will mean that my fiancee will not have the ring for our wedding.
    We asked for a refund and the store manager said that they don’t do refunds, however after reading about statuatory rights and how stores can’t say this, we are wondering whether we have a case should they continue to refuse a refund. Can you give me some advice please?

    Reply
  • Catriona 16 December, 12:32 am

    Mohammed, shops have a duty to display their returns policy at the point of payment, so you can know before you buy. You could claim you were misled, but I think under the circumstances, with Woolworths closing down, there is probably little they will be able to offer.

    Reply
  • Catriona 16 December, 12:38 am

    Terry, You say it was a proviso, which makes it a fundamental term of the contract – meaning you would not have proceeded with the transaction otherwise. A breach of any term entitles you to rescind the contract and get a full refund (even though you ahd nothing in writing to this effect). Reasonable time also plays a part, and if they were aware of the timeframe involved – which I’m sure they were, it lends further weight to your case. there is more info about this here:
    http://whatconsumer.co.uk/contractual-terms-and-conditions/
    and here:
    http://whatconsumer.co.uk/they-are-taking-forever-to-do-the-work/

    Reply
  • Adrian 16 December, 5:21 pm

    I have recently bought a shower screen that was advertised as the same product as somethng else, i agreed that it was a special order and that I would not be able to get a refund, the problem is that it is not what the shop said it was, it was different and wasn’t what i was after, can i demand a refund?

    Reply
  • Kerry 21 December, 2:15 pm

    Hello. I bought three coats for my children from a shop specialising in chain store seconds. On getting them home I noticed a very strong chemical smell coming from them. I got them out the bag and aired them, but the strong smell is still there. The coats are made in China and they have PVC (polyvinyl chloride) in their fabric content, which is a plastic coating which some stores have banned. I think the smell is a chemical vapour and therefore not safe.
    The receipt says that goods may be exchanged. Can I ask for a refund?
    Many thanks, in advance,
    Kerry Dyson.

    Reply
  • Jim 22 December, 5:22 am

    Hello Catriona,

    I bought a heater from Tesco’s the other day and tried it out.

    It’s really weak and barely heats up anything after being left on at the highest heat setting for over half an hour (although the metal surface does get ridiculously hot).

    Unfortunately, I threw out the receipt already, but, it’s obviously brand new and only been used the one time.

    Can I still return this for a refund?

    Thanks for your help!
    Jim

    Reply
  • Catriona 22 December, 11:18 pm

    Adrian, regardless of what you agreed with the supplier, if the item was not as described, and you relied on this description because you were not able to examine the product for yourself prior to buying it, then you have the right to cancel the contract and get your money back.

    Reply
  • Catriona 23 December, 12:12 am

    Kerry, If you can successfully argue that the products are unwearable, particularly if there is a ‘unsafe’ element to them, the shop will have to give you your money back.

    Reply
  • Catriona 23 December, 12:16 am

    Jim, a receipt is necessary as proof that a contract of sale existed between you and Tesco, although a bank statement would work just as well. You can argue that it isn’t ‘fit for purpose’, which is one definition of ‘poor quality’ in Sale of Goods. My advice is always to ask someone to demonstrate it to you in-store to prove that it is effective. You can then inform them you are rejecting the goods and cancelling the contract (i.e requesting your money back).

    Reply
  • kathy 15 January, 1:14 am

    Hi, I bought a pair of shoes a couple of days ago, however I did not try them on in the shop as I already had a pair the same only in a different colour. When I got home I hung them on my shoe rack and noticed they are different sizes. I looked at the price tag while in the shop which had my size on it and just assumed they were a matching pair. The shoes were also on sale when I bought them. I do know the store does not under normal circumstances do refunds only credit notes but if I cant get the correct size am I then entitled to ask for a refund as the shoes are differing sizes.
    Any advice appreciated!

    Reply
  • Catriona 15 January, 12:59 pm

    Kathy, this is a tricky one because strictly speaking they are not faulty, but they are unwearable. The law says that if you had the opportunity to examine the item before buying and did not do so, the shop cannot be responsible. I think this one will come down to good will on the shop’s part. If it was the shop’s fault for giving you the wrong one, you’re probably on stronger ground. This happens to shops all the time so they are used to it – it has happened to me at least twice!

    Reply
  • michelle 27 January, 3:00 pm

    hi, i bought a computer from a company selling on ebay. it wouldnt work properly so they collected it and took it back for repair, i got it back and its still the same. can a get a full refund and do i have to pay postage

    Reply
  • Catriona 28 January, 12:51 am

    Michelle, the law says you must allow the supplier the opportunity to repair it before you request a replacement. If they cannot do either you can then ask for a refund. And no, you should not be required to pay postage. Please see the following for more info on this:
    http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/

    Reply
  • Adrian Bird 28 January, 2:38 pm

    Hi,

    I bought a pair of shoes last week from a shop that does not do fitting. i tried them on in the shop and thought they felt a bit big. in the end i decided to by them and do the shoelaces properly later. i wore them for 1 day outside and decided they were too large. i took them back but the manager at the shop (a chain store) said i could not get a refund or exchange.

    what/if any are my rights?

    thanks

    Reply
  • Fernando Franco 28 January, 3:45 pm

    I bought a digital frame from Sony which I decided to return. I went to the shop 2 days later and they told me that they would either give me credit vouchers or I lose 15% on the goods returned. I didn’t even open the box and it is only 2 days after the purchase. I just changed my mind. What is my rights on this please, and can I sue the shop?

    Reply
  • Catriona 3 February, 10:50 pm

    Adrian, I’m afraid that because you have worn the shoes outside, you won’t be able to return them unless they are faulty. And being the wrong size does not make them faulty. The shop are within their rights to refuse.

    Reply
  • Catriona 3 February, 10:59 pm

    Fernando, the shop isn’t legally obliged to give you anything in return unless you bought the item over the internet. Therefore they are within their legal rights to make this offer to you.

    Reply
  • Tristan 14 February, 9:20 am

    Hi just bought a mobile and they said i could not cancel the contract or anything because it is 1 day over the 14day return day, but the goods are faulty. what can i do?

    Reply
  • Catriona 18 February, 1:31 pm

    Tristan, the cooling off period is for changing your mind and this does not affect your statutory rights – i.e. to return an item if it is faulty. You need to be clear about this when you return it to the retailer. You cannot demaind your money back in the first instance and must allow them to repair the item.

    Reply
  • Michelle 20 February, 12:34 pm

    Hi
    I bought some summer shoes from Next during their winter sales 28-Dec. I’ve just gone to put them on and they say they are a size 5, but they are definitely smaller. I have the receipt, but it says returns by 25th Jan.
    Do i have any rights?

    Reply
  • Catriona 21 February, 6:32 pm

    Michelle, Next do not have to do anything because they could argue that you should have tried them on when you bought them. You only have the right to return them if they are faulty, unless you can prove that they were mislabelled as being the wrong size. Next are pretty good though and will probably allow you to get at least a credit note.

    Reply
  • jamie 25 February, 1:33 am

    I bought a pay&go phone from the Carphone Warehouse it was £60 if you topped up £20. i was already on o2 so kept my current sim card and didn’t have to top up £20. The phone was faulty from when I bought it and tried to return within 14 days. They said because its classed as an upgrade because I never paid the £20 top up, and they cannot refund me and can only replace the phone. My regular shop told me however i have a right to a refund within 14 days, is this correct?
    thanks.

    Reply
  • Catriona 25 February, 1:59 pm

    Jamie, if you were given a new phone as part of your existing contract, then they could argue that it is an upgrade and would only have to provide a repair. If you bought the phone new, and have proof of purchase and the phone was faulty when you bought it, you can return it and get a full refund under Sale of Goods. There is no specification of 14 days, only ‘reasonable time’. They only have to provide a repair where you have been using it for some time before the fault occurs. The top-up thing is irrelevant here, don’t be told otherwise.

    Reply
  • Andrea 25 February, 10:49 pm

    I bought an own brand tesco printer cartridge. When I installed it on my computer, it did not work. Tesco tell me I need a receipt or they will not refund the money. However, surely the fact that it is Tesco own brand confirms that I bought it from them? Where do I stand.

    Reply
  • Robert 26 February, 12:07 am

    I bought a violin from a store in Glasgow, which was tuned at the time. My daughter took the violin for her first lesson by a teacher with 30 years experience. She stated the violin was out of tune, and attempted to re-tune it, but failed to do this stating that the tuning pegs kept slipping every time she attempted to tune it. I returned the violin to the store in an attempt to get a refund, however the store owner claims to have re-tuned it and it was not his fault that the violin teacher could not tune it.
    I have not taken the violin to the teacher yet, but I believe when I do she will again find a problem with the tuning.
    Can I get a refund for the violin ?

    Reply
  • Catriona 27 February, 12:58 am

    Andrea, good question. Tesco need to know that a contract of sale existed between you and them – i.e that you bought it from them as opposed to someone else. Therefore they are within their rights to ask for proof. Don’t forget, you also can use a debit or credit card card statement as proof.

    Reply
  • Catriona 27 February, 1:06 am

    Robert, you must give the supplier the opportunity to attempt to fix the problem in the first instance. If they cannot do it, you can ask for a replacement in the second instance and a refund in the third. refer to:
    http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/
    for more on consumer remedies under Sale of Goods.

    Reply
  • ALIMASC 14 March, 12:32 pm

    I put a £50 deposit on a mattress and cancelled it less than
    24 hours later. The shop asked me to sign a paper outlining delivery and cancellation
    information. the paper said i would have to forfeit the equivalent
    of 25% of the order cost if cancelling. as this sum is equal to my
    deposit, the store are saying they will not refund. What are my
    rights?

    Reply
  • Catriona 16 March, 2:59 pm

    Alimasc, You don’t have a statutory cooling off period unless you have bought the mattress by mail order (i.e at a distance). If this is the case, the shop must give you back all the money you have paid. If you bought the mattress in the shop then the cooling off period you refer to is one the shop have offered you as good will and not your legal right. In this case, I’m afraid they can impose any conditions they like on it.

    Reply
  • sarah 17 March, 2:48 pm

    We booked our flight via a Thomas Cook travel agent in Sheffield on 14th Feb 09. When we made our booking we were told that we had a 20kg baggage allowance per person, plus onboard meals. Having looked on the Flexible Trips website, it states that Thomas Cook flight only bookings have a 15kg baggage allowance if booked before 4th March 09. Now we have been told by Flexible Trips whom TC booked it through that ” included in your flight price is 15kgs of hold luggage and 5kgs of hand per person and unfortunately in flight meals are not included. They are available to add on at a cost but you would need to contact the shop you booked through”. Would we be able to claim through mis-selling via the Sale of Goods Act?

    Reply
  • Catriona 20 March, 2:51 pm

    Sarah, I’m not sure this would constitute ‘significantly not as described’ as under Sale of Goods. New Consumer Protection Regs outlaw misleading statements, but you must prove that it led you to make a purchase you would not otherwise have made.

    Reply
  • peter 28 March, 3:59 pm

    I just received a dell laptop which I purchased through a local retailer. When I switched it on automatically I noticed weird rattling noise. When i took it back they confirmed that there was a problem with the hardware and there might need some parts replacing. I told them i wasn’t happy with that and i wanted a new machine in working order not a fixed one, they told me they have to talk to the manufacturer and get back to me. What should i do?

    Reply
  • Catriona 1 April, 1:16 pm

    Reply
  • Robert Swain 6 April, 5:55 pm

    My mother purchased some fabric from a market stall in Derby. She purchased 8 metres of some silk material off a roll at a cost of £10 per metre. When she got it home she decided the material wasn’t right to make the wedding outfit for which it was intended and that she’d take it back. She attempted to return the material to the stall on Monday expecting to get either a refund or credit at the stall. The stall owner told her that they have a policy of no returns and no exchanges. This does not seem right. The material is in one long piece and should be usable by someone else, even if they could not refund the full amount we think they should refund or credit the majority. Do we have any rights to contest the issue?

    Reply
  • Catriona 6 April, 11:06 pm

    Robert, I’m afraid you have no right to contest this decision as shops don’t have to give you a refund unless the item is found to be faulty. Although most shops will give you at least a credit note, they will do so as a goodwill gesture and there is no legal obligation to do so. I can understand why a stall selling fabrics would have this policy as they might potentially lose money by accepting back a piece of cut fabric they cannot resell in exactly the same exact quantity. Having said this, they should have had their returns policy on display at point of sale

    Reply
  • Steve 7 April, 3:25 pm

    If I buy something in a shop, and pay for it on a credit card, am I protected by the CCA Statutory Cooling Off period? I.e. technically I have bought it on credit so would I then be able to return it for a refund even if it was not faulty, within the statutory timescales?

    Thanks

    Reply
  • Chris Cooper 7 April, 9:20 pm

    We have recently purchased a Sony TV from the Sony Centre. We have watched the television for a couple of nights and my wife and I both are finding the ‘motion blur’ of the picture nauseating to the point of having to turn off. Researching this on the internet it seems a common problem that affects some people more than others and is a problem inherent in most LCD televisions. The Sony Centre say they will not refund due to change of mind, but does this count as changing our mind if we find the picture unacceptable even though the TV is obviously working to the best of its capabilities? I viewed the TV in the shop and did not notice a problem so happily paid our money. What are our rights here please? (We do have another smaller Sony LCD telly which we have no problem with). Thanks.

    Reply
  • Catriona 10 April, 11:49 pm

    Steve, the various statutory cooling off periods has have nothing to do with paying on credit card or the Consumer Credit Act. They only exist under certain circumstances to do with the manner in which contracts were concluded. see: http://whatconsumer.co.uk/cooling-off-and-cancellations/ for more on cooling off.

    Reply
    • Steve 11 April, 12:58 pm

      Hi Catriona, thanks for the reply and the link.

      The links states:

      Credit Agreements
      You will only benefit from a cooling off period if the credit agreement was made in one of the following ways:

      For agreements signed away from the creditor’s normal business premises – i.e. at your home, place of work or at an exhibition stand
      For agreements made at a distance (online, by phone or by post)
      For agreements which fall under (1), you will have a cooling off period of 5 days,

      So wouldn’t paying on a credit card then constiute entering into a credit agreement away from the creditors (i.e. the card company’s) normal business premises?. In other words, am I entering a new credit agreement with each transaction?

      Reply
  • Catriona 11 April, 11:16 am

    Chris, you only have the right to return an item if it is faulty, simple as that. Unless you can show that the TV is causing the effects you mention due to some kind of manufacturer’s fault, then I’m afraid Sony have no legal obliigation to take responsbility for the problems you are experiencing. Your best chance of success might lie with a goodwill exchange for another product (plasma?) or a credit note.

    Reply
  • Dave 11 April, 12:34 pm

    Hi my son bought a pushbike from sports direct.com on the 8th march this year at their retail outlet in Feltham.He paid £70 for it(the advertised price). It was still boxed although the box had been opened.When he got it home he found the pedals were missing,the forks were twisted and the manual had been removed from it’s sealed bag. He returned to the shop the following day and was told the shop did not deal with refunds or returns to the shop and that he would have to contact their head office.Head office so far have fobbed him off! I returned to the shop yesterday with him and ended up having a row with the manager as they still insist that they do not have to take the bike back & give a refund. Could you advise me how we stand please? thank you

    Reply
  • Catriona 11 April, 5:53 pm

    Steve, no, a credit agreement is an agreement you have with a credit provider in the form of a loan or a credit card. It doesn’t refer to the transaction between you and the retailer or supplier.

    Reply
  • Catriona 11 April, 6:43 pm

    Dave, Under Sale of Goods, the ‘supplier’, as the responsible party is the shop where you bought it from, they cannot refer you to head office or anywhere else (although as a company they are all liable). Inform them that under Sale of Goods, the item is not as described (parts missing) and therefore a breach of your statutory rights. You are within your rights to request a replacement or a full refund in reasonable time. Give them 7 days to comply otherwise you will take the matter to the small claims court. If the shop has the facility to take your payment it will also have the facilities to give you your money back.

    Reply
  • Paul 3 March, 8:31 pm

    A small query regarding a PAYG mobile. A phone bought recently (in last week) has died and I’d like a full refund as I’ve lost confidence in this product for failing so soon. Some mobile phone stores claim that PAYG mobiles are exempt from refund, but surely I should expect a refund on grounds of ‘not fit for purpose’? I have receipt plus the phone account hasn’t been topped up with credit as yet either.
    Please advise?

    Reply
    • Tony 8 March, 12:23 am

      Paul, you need to give them the opportunity to repair it, before you ask for a refund. However, it is always worth asking.

      Reply
  • lauren 3 March, 9:27 pm

    i bought a webcam just after christmas from pc world however when installing it i found there to be no microphone. Thinking this was standard in all webcams i went back with the item put perfectly back in its box to be told i cannot have a refund as they dont do them. Yet i was at a refunds and exchanges desk. I asked to speak to the manager who said that its right they do not offer refunds or store credit. After getting angry and dropping the box in an ink cartridge recycling box i walked out. I still have my reciept and although it wasnt for a lot of money i was angry at the fact no one was willing to help. What are my rights in this situation all i wanted was another webcam and i was willing to pay the difference

    Reply
  • Rafal 4 March, 1:01 am

    Hi,
    My wife bought winter leather boots from Moda in Pelle at 10th of November. Expecting good quality got disappointed as after two months heels started to split apart at the bottom section. Returned to the shop. After two weeks their technical replied that due to bad weather they were worn in, as well as heavy whear they are not accepting the claim. My wife is petit women (<50kg) moreover boots where really well looked after treated with shoe polish and waterproofer as well. Although leather is fine, it looks like heels are very poor quality- not expected for this price boots (£130). Shop tried to take their hands off from the resposibility for the poor quality but we insisted them to speak to their customer service this time. Can she claim her money back? Please advice. Regards

    Reply
    • Trish 12 May, 2:20 pm

      Rafal, I am in a similar situation, I bought £85 shoes on Saturday, wore them once and now the platform is tearing away from the actual shoe. Again, they were well treated for, and there is barely any wear on the shoe at all considering I only wore them to a Restaurant. I was wondering was your problem resolved??

      Reply
  • Wendy 8 March, 7:23 pm

    Hi
    We bought a TV from Comet on 18th Dec 09 and the TV started to go wrong mid January 2010. We returned it to the store and they said they could not replace it, it had to go back to the manuafaturer for repair. We have chased it several times to be told that they will not replace the item and we just have to wait for it to be repaired. We have today been contacted and told that the maufacturer are still waiting for the parts to repair it and they will not be at the factory in Germany until 1st April, making the return of the TV unlikely before the end of April. Is this timescale ‘unreasonable’ and can I demand my money back on the basis of this?

    Reply
  • Andrew 12 March, 10:29 pm

    I bought a watch from H Samual last April (2009) with the extra 3 year guarantee, within three weeks the watch stopped and the shop replaced this with a new one. 3 months after the replacement was issued it stopped. H samuals sent this back to the manufacture to be fixed, it came back 2/3 weeks later. A couple of months later the watch stopped again and was re-sent to the manufacture to be fixed. Within 10 mins of picking up the watch the second arm fell off. I took the watch back and explained that I was not happy with th equality of the watch and had lost faith in teh brand. They offered a replacement watch to the same value as the one I bought. Can I request for my money back and go else where?
    I look forward to your comments

    Reply
  • sarah 14 March, 6:53 pm

    I bought an outfit at a store for £100. At the time, the trouser of the outfit was not fitting adequately. The owner of the store stated that she can have an alternative trouser made in the same material as the original in my size. I bought the item on this condition.I return to the store a week later to be told that they cannot find the exact material and give me what they feel is close to the original. It is in fact a different colour to the original. the shop states that they have a no refunds, no money back or exchange policy. what are my rights?

    Reply
  • Shay fowler 16 March, 7:13 pm

    Hi,

    My friend bought a Pay as you go mobile about 5 days ago. It was faulty so she returned it to the shop and they repaired it. Only when she received the phone it was damaged i.e chips and scratches and has a different fault, it turns off after 10 or so minutes.

    What are her rights ?

    Thanks.

    Reply
  • Micheal Percival 17 March, 9:00 pm

    Hi, firstly id like to say this website is great :) ok onto things, i bought a graphics card for my computer about 4 months ago and it has always been faulty but it has still be usable untill recently when it completely failed and does not work what so ever, the shop i purchased it from are offering me a replacement but i dont want one i have given up on this brand of graphics card and would like my money back, but they say that as i did not return the item within 28 days of the day of purchase i can only have a replacement is this right? thanks

    Reply
  • Jane 20 March, 2:51 pm

    A Matress which was bought with a foam Topper was inspected by the “mattress inspector” and determined to be faulty, the shop has offered to supply an alternative up to a certain value, however do i have to accept this or can i ask for my money back and choose where I would like to purchase a replacement. The goods were obviously not fit for purpose and if i chose goods to a lower value than was offered i don’t think this is a fair way of going about things, Could I ask for money and not goods.
    The matress was purchased a while back and the company agreed on the value minus an amount for wear and tear.

    Reply
  • daphne wells 22 March, 1:58 pm

    I bought a kettle which has now developed a small leak 7 months from purchase. As it is a cordless model and the leak is going over the base I feel it is dangerous. I had to return my previous kettle for the same problem but within 6 months and accepted a replacement. I don’t want to have another one the same now, what can I do and what, if anything, am I entitled to?

    Reply
  • Sarah H 26 March, 11:11 am

    I had a dress bought for me well over a year ago, but after trying it on I had to take it back as it didn’t fit.
    They were happy to give me an exchange.
    I had a look around and couldn’t find anything I liked, so I accepted a credit note that was valid for 1 year.
    About two months later I went back, only to find the shop has closed down. It wasn’t a one-off shop, it was a high end high street shop.
    I called them to find out where I stood, and they told me to send in my credit note, and they would send me out a cheque. After taking a photocopy, I sent it in. It’s been around 18 months and various phone calls since I did this, and I still haven’t had a cheque through.
    The girl I have been dealing with has told me that she has managed to get other peoples refunds passed by the management, so I know it is possible. It’s just getting tedious.
    Any advice that you can give me on this would be appreciated.

    Reply
  • peter harrap. 26 March, 10:13 pm

    I bought a Mesh Computer in early December 2009 as the family Xmas present. It arrived in a big box earlier than they said it could. On opening the big box there was no packing or padding and the PC itself was inside an unpadded computer case box.
    The PC case had paint off it and the warranty seal was broken. A PC card slot cover was pushed in. It turned on OK, but graphics programs splintered and fractured onscreen. I phoned the salesman to get a refund as soon as this occurred. I emailed repudiating the machine as unfit for purpose by Dec 16th, a day after receipt.

    I then attempted to benchmark the machine using Windows 7 own software to discover that the graphics card was at DX10 and not at the advertised DX11 at all.

    The next thing was when my kids wanted to play games and we discovered that the DVDRW drive could not play a CD or a DVD, let alone load and run game software. I had already discovered that no E-sata ports worked, and that only a few of the many USB2 ports functioned. The two firewire ports did not.

    The in-out read-write speeds were down at 5.9 out of a possible 8 and frankly none of this was any use to us as neither the screens were bearable and the DVDRW did not work.

    Then repacking the unit to go back for refund agreed to I discovered dislodged at last inside and loose a bolt! It was rolling around and had obviously been trapped in the works somewhere.

    I removed it and tried again- and, sure enough the horror screens had disappeared, but the graphics performance processing small RAW files in compatible 64bit software was very slow taking 3 times as long as a duo core intel processor.

    After keeping us waiting with excuses they took it back on the 6th January. Then they refused comment or replies to any emails until a letter refusing refund arrived here sometime after Feb 12 2010.

    They said two months almost after I first requested a refund that there was nothing wrong with the computer, but no way could I accept back a machine from which I had to extricate a bolt and whose configuration gave such slow performance (the duo-core Intel Mac was THREE times as fast as this Quad core (plus supposedly at DX11-another 4 virtual processing cores)machine. And I just want my £1000+ returned please. YOu mention Visa debit chargebnack. I stupidly used a Visa card to pay and the issuing bank Alliance and Leicester tell me they can do nothing. What to do, and how much will small claims cost me to use please?

    Reply
  • pamela 30 March, 12:48 am

    i went to sports direct purchased two t shirts returned them 2day,asked for a refund and told me that they dont do refunds.where do i stand i want a refund the manager started giving me abuse

    Reply
  • Ben 5 April, 7:12 am

    Hi I purchased a mountain bike last may ever since I’ve owned it the brakes are very noisy it’s been back to the shop about four times but they were unable to rectify the problem totally, then the bike was sent back to giant the maufacturer, I received my bike back two weeks later new wheels and brakes but they were still making an awfull vibrating noise, bike was sent back to giant and they said the wheel was loose and I’ve contaminated the brakes. They have returned the bike back to the shop I purchased it from, I’ve been in contact with the shop but they are refusing to refund me I’m anoyed because this has gone on for 11months and the bike cost me £950. Can I get a refund or have I got to keep the bike?

    Reply
  • Julie 9 April, 5:28 pm

    I purchased a pair of fitflops last week, having worn them for 2 hours the toe post has broken the skin and rubbed my foot. I wear toe post sandals all the time and never generally have this problem, there is a small piece of shoe fabric stitching that is creating a rough edge of the toe post of the shoe. I contact Fit Flops as at £50 a pair and their claims of comfort, you would expect them to live up to expectations, their response was that the style are made of patent fabric and this by its nature is harder than the fabric on their other styles, they suggested I just wear them until they are worn in more and become less irritating or take a coarse nail file and file down the vamp a little (not sure what that is), try again and if still a problem file a little more otherwise they are sorry! What rights do I have as a consumer, these are not fit for purpose….

    Reply
  • Sian 15 April, 5:27 pm

    In October 09 I purchased a ring online from H Samual 5 months later one of the stones fell out, I took it back to my local store and they sent it off to quality control, 6 weeks later they called me to say it had come back and I could collect it,so I went to the store and they told me they could not find a manufacturing falt with it and if I wanted it to be repaired I would have to pay for it, when I asked what guarantee they provide the woman said I have my statutory rights, what are they?

    Reply
  • Del 22 April, 8:03 pm

    I went shopping for a few groceries in my local Spar shop and having bought about 6 items which I couldn’t carry I asked for a bag. It was quite clear from signs in the shop that plastic bags cost 5p and this money supposedly goes to ‘an environmental’ good cause – I have no problem with this and happily handed over my 5p. However, the bag was of such poor quality it broke as soon as I put it in my car and the items ended up loose on the floor of my car and I had to make two journeys to transfer the goods to my house. Can I take the bag back and demand my 5p back as my statutory rights have been broken as the bag was of such poor quality and not fit for purpose? I don’t really want the 5p back but it is the principle that I don’t see that shops can give out poor quality bags that you have to pay for that are not fit for purpose.

    Reply
    • Lindsey 28 May, 3:00 am

      Hi Del, I doubt they will give you your money back to be honest because if they take into account the price you paid for it and the fact that it was only a plastic bag that you expect to break because they always do and you were aware of this when you bought it, sorry

      Reply
  • Tanya 26 April, 6:27 pm

    I recently bought a kettle from a small local shop.
    It has an intermutent fault. Sometimes ot will switch on perfectly fine many times and others times I needed to try 10-20 times to get it to turn on and boil water.
    I bought another kettle to replace it from a shop that opened on a Sunday as I didn’t want to be without a reliable kettle.
    I returned the faulty one to the shop with the reciept and box and described the problem, where they took the kettle out of the box and tested it. It worked fine.
    I told the them fault was intermitent. They gave me a credit note and told me to return in a couple of days where they would exchange the credit note for cash if the kettle started to display the fault I described.
    I do not want a credit note as I had already replaced the kettle. I want my money back. Am I within my right to ask for a cash refund ?A credit note from this shop is no good to me as I no longer trust them and feel they as calling me a liar.
    With kind regards.

    Reply
  • emma 27 April, 9:44 pm

    i have a corner group suite off littlewoods catalogue and ive had it 6 weks but all the cusions have gone flat and in the book it was descibed as foam filled seat cusion could i send it back and get a new one pleasee answer my question only i dont know how i stand

    Reply
  • Peter Moran 29 April, 11:19 am

    Hello
    Eight months ago I bought my wife a watch for £70.00 from H.Samuel the jewllers. But after we noticed that the gold plating was wearing off the metal strap we returned the watch and asked for a replacement or a refund. The shop refused and said they would only be prepared to send it back to the manufacturers on our behalf. Can you tell me what my rights are over this issue?

    Peter

    Reply
    • Kat 16 May, 4:09 pm

      I purchased a £100 watch from House of Fraser for my boyfriend in AUGUST 2009. He wore it only few times, because he has other watches. A week ago he put it on only to find out the winding mechanism is missing and the watch stopped working. I still had receipt and warranty book so we took it back and asked for refund, but we were told the watch needs to be sent back to manufacturer for repair. We were not happy with that but we were not offered refund or exchange. Do we have to have the watch repaired or can we have a refund or exchange?

      Reply
      • Stuart Halliday 10 July, 7:34 pm

        You have by law a ‘reasonable time’ to examine new goods for faults and within this time (this period is agreed by both parties at point of sale, if you didn’t then the retailer decides, usually less than a month) you can demand a refund as the goods isn’t of merchandise quality.

        Outside this time you have to allow the retailer to repair the goods or supply a equal replacement.
        As the watch obvious has an inherent manufacturer fault the claim for repair is up to 5 years from purchase.

  • Hallam 1 May, 3:45 pm

    I bought a pair of shoes from sports direct last Sunday. I bought them for school, and took them in a bag to school to see if they were alright, as my school are strict about dress code. As I was told that they aren’t suitable, I took them back to Sports Direct and asked for my money back. They would not give me my money back.They have never been worn and I have the receipt with me. I went on this website and found out it is illegal not to give someones money back if, i quote ‘( the item is damaged. of poor quality or not fit for purpose)’. Then I believe that they must give you your money back. So, if the head of sports direct is reading this i should change your ways. My name is Hallam and I am 13 years old.I will no longer shop in your store and other customers be warned.

    Reply
    • stewart 29 June, 11:34 pm

      yes Hallam as you quoted “it is illegal not to give someones money back if, i quote ‘( the item is damaged. of poor quality or not fit for purpose)’” but the item was not damaged or of poor quality and it was fit for the purpose it was designed for. the store does not have to give you a refund because it wasn’t suitable for you. if the store did give a refund it would be as a goodwill gesture and not due to legal obligations.

      Reply
  • rachael 14 May, 12:25 pm

    I purchased a sat nav from halfords but when I went 2 use it I realised that my car socket wasn’t working. I then went 20 return the satnav but was refused a refund or exchange because they only do this with satnavs when they are faulty. I would b fine with this but I wasn’t told this part of there retuurn policy before I purchased the item. Instead they stapled an extra bit of receipt with this return policy 2 my till receipt. How am I ment 2 know this if they dnt state it where the satnavs are displayed? I contacted there headoffice but was told that its no longer in a saleable condition even tho I only plugd in the lead and the satnav never turned on, is there anything I can do?

    Reply
  • Mohammed 18 May, 7:58 pm

    My
    day bought a tv underv two years ago and now it just goes off and won’t turn. The red light indicates there is electricity but it will only go on for a few seconds after the firs time. Then It won’t go on at all. It is out of warranty but I have heard that any electrical appliance ahold be covered for two years, by this act? What is my dad intitled to?
    Many thanks

    Mohammed

    Reply
    • Stuart Halliday 10 July, 7:37 pm

      A TV is no different from other goods. If it had gone faulty in the first 12 months, you’d go back to the shop.

      If your TV has a warranty it is with the manufacturer not the shop. So contact the makers and arrange for the TV to be picked up or repaired.

      Reply
    • Stuart Halliday 10 July, 7:41 pm

      If it is no longer in guarantee (usually only a year) and there is no warranty then you will have to arrange for a private repair or junk it.

      The shop owns you nothing.

      If the shop said it was a guarantee for 2 years then show them this and demand a repair.

      But examine the wording. I suspect it was a warranty not a guarantee.

      Reply
  • virani 20 May, 6:39 pm

    I gave money to a shopkeeper who send money to india.now its two months but i didnt get my money nor money was send to india.every day i call but he give me reply next week.now i need money as its too much for caling charges and he is not picking up the phon.what i do now.please reply.thank ue

    Reply
  • Jennifer 27 May, 10:41 am

    We purchased a new wood burning cooker ten months ago through a shop specialising in cast iron cookers and have used it in accordance with the instructions. The day before yesterday the inside panel of the firebox suddenly buckled badly, making the cooker unusable. We contacted the shop through whom we purchased the cooker, but they say it will take a month before they can get a response from the manufacturer as the MD of the cooker manufacturer is on holiday.

    As I do not think the cooker is fit for purpose, can I demand removal of it and my money back?

    Many thanks.

    Reply
    • Stuart Halliday 10 July, 7:44 pm

      You can only ask for a repair. It is outside the reasonable length of time the sales of goods acts allows for a refund and you have had 10 months of use out of it.

      But the shop has to give you a repair within a reasonable length of time. It is up to both parties to agree this period.

      If not, then demand part money refund based on the amount of use you have had of it over a year?

      Reply
  • Stuart 3 June, 12:13 am

    I bought a electronic product in a shop in the UK that came in sealed plastic packaging and after opening it, I found that the product is defective.

    The store has a 28 day no quibble money back policy if the product is unopened. But obviously I had to open it to use it, I went back within 48 hours of buying it.

    I asked for my money back as I said the product is not of merchandising quality. But they refused as their receipt says it must be unopened.

    Can they legally do this?

    Reply
  • Paul 10 June, 2:42 pm

    I changed my mobile phone network from 3 to Orange through a 3rd party company 101 mobile in november last year and was assured that they would pay up the remaining money on existing contract. I was then charged over £100 and have since been chasing up 101 mobile for my refund. I was told to send them my final bill and covering letter, which I did. I have received an email confirming they received my letter and it had been passed on to their finance dept. Since then they have ignored my emails and now seem to be fobbing me off with my phone calls, by apologising and saying they will be chasing up my refund.

    What can do? I am beginning to think I will never get this money back.

    Reply
    • J. Jacobs 19 May, 9:55 pm

      Hi – I know the law is one thing when it comes to taking faulty goods back – but where there are shades of grey there is nothing better that returning with the goods to the shop and asking politely if there is anything they can do to put things right. If the assistant cannot help, ask to speak to the manager, if the manager insists there is nothing he can do – voice your complaint louder, if necessary louder still until other people are taking notice – you will generally get something done about your complaint

      Reply
      • Stuart Halliday 21 May, 7:08 pm

        So basically shout and intimate the low paid staff?

        This will get you no way!!

        Know your rights, it’s easy and no excuse for not reading the various consumer guides on the Internet or in the high street.

        If you’re in the wrong then is that the shops fault? No. It just means you’re a bully.

  • AndyM 16 June, 2:09 pm

    I purchased a Samsung portable drive from Maplin with the express intention of it being able to fit a media drive bay on my PC. In fact whilst at the store the assistant even looked up my PC details on his computer to see exactly why I wanted this unit. The packaging gave no dimensions of the unit so I explained that if it did not fit could I return it. “Yes” was the reply. (Interestingly during the purchase I also returned a Satellite cable by-pass which had not been able to work with my Sat system. I had opened the packet to take out this component and then replaced it after it had failed to work. The assistant who served me refunded the money I had paid for that item back onto my debit card).

    When I got the Portable drive home unfortuntaley it’s height was too great and it would not fit in the drive bay. I returned to Maplin and explained the problem. The first assistant I spoke to said as I had “opened the box” (i.e peeled back the little plastic strip that secured the boxes opening mechanism) they could not give me a refund. I explained that I had to open the box to see if the unit would fit the bay. He held is ground and eventually called for another assistant who turned out to be the guy who had served me a few days earlier. He agreed that I had bought the unit for my PC but backed up his colleague and then said that he had sold me a Portable media drive full stop…i.e. not for the express purpose of it fitting my machine. I then asked for the manager and another guy approached who said he had been listening. I said that strictly speaking the unit sold was not fit for the purpose. He said that as the box had been opened no one would buy a second hand hard drive.I said the hard drive had not been used at all. I pointed out that their policy of refunding was somewhat flawed in that Maplin had refunded me previously for an opened product (the Sat cable by-pass). They then said that this was refunded to my card due to “technical difficulties of giving me a credit against the purchase of the Samsung portable drive”. When I said I would be taking legal advice the “manager” even changed my words to say that I wanted to take “legal action”. Clearly he does not listen very well!
    My question therefore is I appear to be stuck with a £73 item that does not fit my PC. What are the legalities around definition of “fit for purpose” and “used goods” under the Sale Of Goods Act? Ultimately can Maplin legally defend themselves on this decision?

    Reply
    • Stuart Halliday 10 July, 8:00 pm

      If you didn’t research the dimensions of the purchased drive or the media drive bay it was to go into, then how is it Maplin’s fault?

      Did you tell the sales man the dimensions of the media drive bay it was going into? If so, and he did some research and discovered the drive was OK to fit then the fault was his. Maplin should give you a refund.

      If you didn’t tell him the size of the media drive bay for the drive then the fault is clearly yours.

      Basically it comes down to what words were exchanged between you and him. During a sale miscommunication runs rife. Do Maplin believe you or him basically? Diplomacy is the order of the day here.

      Reply
  • Pam 23 June, 10:26 pm

    Is the fine print on the reverse side of a receipt the contract terms between store and customer? If it says can return items at any time, am I REALLY able to return the item at any time? Or is there a reasonable amount of time that is allowed-WHAT IS REASONABLE???

    Reply
    • Stuart Halliday 10 July, 8:03 pm

      The ‘reasonable time’ period is stated in law. But not defined.

      So it is often said to be the period decided by you and the shop at time of purchase. Often less than a month (can be as short as 5-7 days) unless the shop offers more.

      If you didn’t ask at the time of purchase, then try to find out what this time period is for another similar product discreetly.

      Reply
  • Linda Duncan 5 July, 3:04 pm

    Hello, I purchased a very expensive superking bed recently after having looked at many. I explained that I have a bad back due to a childhood and ongoing adult hood ailment. I have now recieved the bed, and my back has never been so sore. This could well be due to the fact that I ordered a firm mattress that seems to have no “give” in it at all. I spoke to the shop and was advised that there is nothing I can do. Is this correct ? Even Ikea has a 3 month return policy on mattresses? My fault I realise on not checking when I bought the bed but I am just wondering where I stand legally.
    Thank You.

    Reply
  • hayley 5 July, 9:50 pm

    I recently bought a pair of shoes from Dune online. When they arrived the material looked different to that online and the heel was really hig. Besides all that they were too big. I sent them back immediately recorded delivery. They say they will give a refund as long as they have not been worn. I have still had no refund, I have emailed them, rang and left messages but have heard nothing. It has been 5 weeks. Am I covered by my credit card, can they reverse the charge. I have proof of postage and proof they recieved the goods.

    many thanks

    hayley

    Reply
    • Stuart Halliday 10 July, 8:07 pm

      As you bought it online you have superior rights of return over a in-shop customer. Demand a totally refund and you should get it.

      As you have used a credit card, contact your credit card and demand a refund from them. They will investigate the claim.

      Reply
  • Mitch 16 July, 9:37 pm

    Hi. I have a 3 year old SONY TV, which i purchased for £1200 from Currys. The TV has developed a fault, which i have been told by my sony centre, is not repairable and the screen will have to be replaced at a cost of over £500. Will the Sale of goods act cover me on this item? I know its been 3 years but surely when i buy a top brand like Sony, you expect it to last longer than 3 years, well I do anyway!!! Any help would be appreciated. Ta Very Muchly.

    Reply
    • Mitch 11 August, 7:02 pm

      ***UPDATE***
      Put a claim into Currys under the sale of goods act, i had to have an independent inspection, who confirmed it was faulty, and Currys have given me £500 to spend instore on a new T.V. Not bad – the same TV is now £599….
      Job well done for the consumer.

      Reply
    • Stuart Halliday 11 August, 8:02 pm

      To Mitch: The TV is over 1 year old so you have no legal right to expect any sort of free repair if it had a one year guarantee.

      If you can prove the fault was in the device from day one then you can claim through the 5 year section of the sales of good act.

      BTW, just because you personally ‘expect’ a company like Sony to sell you a product that lasts, doesn’t mean it will of course.

      Domestic goods are not build to Industrial, Military or Space specification levels because we want our Goods cheap.

      Yes Sony makes above average Goods, but it’s still an average and you seem to be unfortunate in taking the short straw on this occasion.

      Reply
      • john 6 January, 5:20 pm

        guarantees are cost dependent expensive items like tellys should last longer than 3 years

  • Leigh Jones 18 July, 11:11 pm

    Hello,
    I recently purchased a second hand car from a reputable used car dealer, After a week a warning light flashed on the dash stating that the coolant level was low. I presumed this was due to it being drained and refilled when it had a service a couple of weeks prior to me purchasing it. So i topped up the coolant level. Again around a week or so later, the same warning light flashed up again. After getting a diagnostic check through Audi, they are saying that the cylinder head is porous and will cost nearly £2000 to put right. The car dealer where i bought the car is saying that i have a basic 3 month warranty that comes with all cars and will cover me for the first £300 worth of repairs. Do they have to put it right due to the fact that the car wasnt ‘fit for purpose’? Please please can you help. Also it is going to cost me nearly £200 to get the car delivered back to them on a recovery lorry, am i entitled to this money back also?

    Reply
    • Stuart Halliday 11 August, 8:15 pm

      You bought it second hand therefore you have very little consumer rights. Second hand goods are bought as seen’, so you were expected to perform a full inspection of it.

      I guess you took the word of the seller it was as he described?

      I would have gotten a full inspection made on it from AA or RAC for about £100 as a level of ‘insurance’ before buying the used car.

      Alternatively did you ask the dealer (in writing) if a full inspection had been performed and was the car 100%?

      If you did get this assurance then you do have the right to ask for the dealer to repair it at no cost to you.

      If not then you were assuming the car was all right.
      Never assume a professional seller will be morale honest.

      No doubt the dealer told you it came with a 3 month limited warranty and you assumed the car was ‘fit for your purpose’?

      These common warranties are often useless and only cover things which typically never break down. They are there simply to give gullible buyers a sense of security over their purchase.

      If you didn’t do a full inspection, then the fault is yours.

      When buying 2nd hand cars over £1000 it is worth getting a full inspection performed by a 3rd party.

      Reply
  • leanne 13 August, 8:15 pm

    Hello,
    I bought a camera from Argos at the end of May and after having it for 2 weeks the pixels started to go missing from the screen, so I took it back and asked for a replacement and they said that they couldn’t do that and they had to send it off and that they would repair it for me, so I stupidly agreed and the camera was sent off and I waited 2 and a half weeks before it was returned to me with a brand new screen I was happy as the camera seemed to be working fine and then 3 days later the pixels started to go missing again so I swiftly returned to Argos and they gave me a new camera nothing wrong with this one and it managed to last 3 weeks before the pixels started to go missing once again, so once again i returned to the Argos and asked for a refund as the product is clearly faulty as I’ve had 2 separate cameras and the same thing has happened 3 times the manager refused and said that the camera had to be sent off to be repaired and that I cannot get my money back on this item. please help I don’t know what to do.

    Reply
    • Stuart Halliday 7 November, 3:29 pm

      Clearly you are within your rights to own a camera of ‘merchandise quality’. The shop was right to offer to repair it and you have to let them do this.

      But after 3 replacements the shop should have listen to you and offered a refund.

      I suspect you didn’t use the standard phrase “this item is not of merchandise quality and you have been unable to offer me such a product so I am entitled to a refund under the sales of goods act”.
      Go back and tell them this.

      If they still refuse and you paid via credit card, claim your money back that way.
      Contact your local trading standards officer and get their advice. There is the small claims court of course and is a cheap and easy way to get your money back. You just need to fill in a form.

      Reply
  • kengriffiths 21 August, 10:26 pm

    I BOUGHT A SECOND HAND CAR 5 MONTHS AGO WITHIN 3 MONTHS THE AUTOBOX DEVELOPED A FAULT THE GARAGE SAID THEY WOULD FIND ME A SIMILAR MOTOR LAST MONTH I TOOK IT TO A VAUXALL AGENT WHO ALSO FOND THAT THE PETROL TANK HAD COLLAPSED AT THIS MOMENT IN TIME IM STILL WAITING FOR ANOTHER MOTOR THE WARANTY EXPIRES END OF SEPTEMBER WHAT CAN I DO ISTAND TO LOOSE £2900?

    Reply
  • jerry breitinger 22 August, 8:20 pm

    My brother in law bought an engagement ring for his girlfriend and gave it to her on July 6, 2010. She decided to break up with him the very next month, August 18th.

    Can he get his money back from the jewelry store he bought it from.

    *Note——– They had to get the engagement ring re-sized.

    Reply
    • Stuart Halliday 7 November, 3:20 pm

      No refund. Under the sales of goods act, a person buys a product and the shop sells it to that customer as suitable for intended use. End of story.

      If the customer no longer has a need for the product then this has nothing to do with the shop and the shop doesn’t need to refund it.
      Shops have right too you know! :-)

      If the new product is faulty then you have right to get it repaired or replaced if it can’t be repaired. If it can’t be replaced or repaired then you get a refund (partial or full depending how much ownership time you’ve had of it. ‘use of it’ doesn’t come into it).

      Some shops do offer extended rights for a limited time, but this is up to the customer to know about these extra terms and conditions before purchase.

      Reply
  • Matthew Collins 23 August, 11:27 am

    We purchased a sofa from DFS roughly a year ago, after less than 2 months the leathers started peeling, so far to date someone has been out 3 times to respray the sofa. It’s happening again and they’ve promised us new leathers. However in the meantime the sofa framework has now broken! They’ve said they will get someone out to assess the cause however it’s now been a year of problems and i’m concerned this will carry on happening.

    What are our rights in terms of asking for a refund so we can go to a different supplier and order a new sofa?

    Many thanks,

    Reply
  • Lisa 30 August, 5:17 pm

    My daughter had a dress bought for her birthday in March from Debenhams. As she is small for her size it has only fit her recently. She wore it once and when I washed it, as instructed on the label, the colour ran! When I took it back today they told me I was only allowed to exchange to the value of the reduced price, as I did not have proof of purchase (half the original price!!!!). Is this right? Surely when the garment is faulty I should have been entitled to a full refund? I look forward to hearing your comments on this matter.

    Reply
    • Stuart Halliday 7 November, 2:52 pm

      When you purchase something you have to allow the shop to repair or replace the item in the first instance. They do not have to offer a refund unless they can’t do the above.

      If you do not have proof of purchase then the shop doesn’t need to give you anything. So they were being generous and beyond the letter of the Law in offering you a refund of the reduced price.

      If you paid by cash then you can’t do more. (If you paid by card, show them the bank/card statement as proof.)

      Tips:
      Always keep your receipts.
      If you buy an item and don’t expect to use it for several weeks/months. Mention this at the time to the shop and get their take on it. They may or may not offer anything beyond your basic rights. Some shops do however.

      Reply
  • christine 1 September, 5:41 pm

    i purchased a pushchair from mothercare in march which had to be returned in july to be repaired which it was the same fault has occured again but on a bigger scale am i entitled to a refund as im would prefer a different pushchair as i no longer trust this one thanks

    Reply
  • Mary 8 September, 9:36 pm

    I took out a new mobile phone contract at carphone warehouse 7 weeks ago. as soon as i started to use the phone i noticed a few software issues with the phone which i beleive is a fault. i called the network provider ‘3’ who just said that it is unfortunate that i cannot enjoy the full features of the phone. i took the phone back in to carphone warehouse today (1st chance i had to go in) and explained the phone has been faulty from day 1! they said that they can send the phone away for repair but i will need to pay £50 deposit for a loan phone.
    also when i bought the phone, it was advertised as a FREE phone, however when i got my 1st bill through, it states that £3 per month is a contribution towards the phone. i beleive that this is false advertising by carphone warehouse but they say that as my contract is with ‘3’ i would need to take that up with them.
    is there any way i can get out of this contract due to misleading information?

    Reply
    • Stuart Halliday 7 November, 2:40 pm

      Firstly it is the shop you need to deal with not “3”, that is the shop trying to pass the buck.

      However the duty of reading and understanding any contracts you sign is 100% down to you.

      If the shop literature or the shop person stated it was free (and you have proof of this) then the contract is invalid passed the 7 day cooling off period.

      However if you don’t have proof then it is your word verses the shop person and this can be very difficult and costly to prove in court. Speak to the manager and try to be very calm and reasonable. You’ll get get a better response!

      Always read the contracts you sign.

      Remember shop assistants are people too and phone contracts change virtually every day and keeping on top of them is a nightmare. It could have been a genuine mistake.

      Reply
  • Sylvia 7 October, 11:50 pm

    During the last week of September, I visited Jacobs (who sell digital cameras) as I wanted to purchase a new memory card for my camera. I took my old card with me as I wanted to make sure I would get the correct one and was sold a new memory card costing £39.99 (they had 2 types).

    I was due to go on holiday in a couple of days and so put the memory card into my camera but the camera didn’t work.

    On returning to the shop yesterday (together with my old memory card and camera), I was told that I wouldn’t be able to get a refund as they wouldn’t be able to re-sell it.

    Another assistant who saw the card immediately said that the memory card that had been sold to me was no good for my camera. Also, as my camera is now faulty the memory card is of no use and so I am at a loss.

    I visited John Lewis in Oxford Street and spoke to a member of the photographic department. He advised that if John Lewis Plc had sold a memory card to me that was of no use, then they would have refunded me. Also, if I wanted to buy a new camera that would take this type of card, then this would cost hundreds of pounds!

    Where do I stand with this?

    Reply
    • Stuart Halliday 7 November, 3:10 pm

      If the shop advised you that the camera and card were compatible and as a result of that advise you bought that item then you have rights.

      You found the card didn’t work in that camera so you are entitled to a working card. The shop has to give you a working card of some type or your money back in full. The shop has to provide a replacement card of merchantable quality for your needs.

      It doesn’t matter if your camera is no longer working or not. That is not the issue. The issue is the shop was asked by you to supply a card that works with your particular camera model.

      If you can prove that the shop gave you wrong advice (can happen, they’re only human) or the shop agrees with you then you’re fine they should give you a full refund regardless of the state of the packaging.

      If not then you have to prove you were mis-sold in the small claims courts if the shop sticks to their refusal to give a refund.

      But first ask your local Trading Standards officer or Consumer right person for clarification.

      Tip: always get the shop to add to the receipt a little text to explain why you wanted a particular product for your device if you are unsure yourself of the technology.

      ie “Sold for use in Canon DC10″

      This way the shop and you both have a record of it.

      Reply
  • Will Mann 24 October, 3:44 pm

    Hi,

    I have a problem getting a refund for a laptop which seems to hinge on what myself and the retailer (and manufacturer) deem to be faulty or poor quality.

    Three months ago, I bought a laptop from an online retailer. After using it for a couple of days, I noticed that there was a sporadic, but unusually loud whirring sound coming from the laptop.

    I called the retailer, who gave me the number of the manufacturer’s repair centre. I called them, they picked up the laptop by courier, took it away, and brought it back a few days later saying the machine had been repaired.

    However, when I booted the laptop up, the same problem was there. I called the repair centre again, they collected it, and when they returned it this time, they said a part had been replaced.

    But still the problem was there. The same process happened again, only this time the repair centre returned the laptop saying there was no problem with the machine.

    Exasperated, I phoned the retailer, explaning what had happened, and said that – if the manufacturer considers the laptop is working ok, then I am not happy with the quality of the product. In which case, could I have my money back?

    The retailer said – no, if the manufacturer says the product is not faulty, you are not entitled to a refund.

    So where do I stand? It seems it is my word against the retailer and manufacturer as to whether the product is poor quality or faulty. And they can simply say, “that’s what the product is supposed to do”, which leaves me stuffed.

    Any advice much appreciated.

    Thanks, Will.

    Reply
    • Kevin 8 December, 9:02 am

      it sounds like the cooling fan. It will change speed depending on how much cooling it has to do (hence the sporadic nature), like for games or any graphic intensive program like films, and I am afraid is perfectly reasonable on a laptop.

      Reply
  • derek 31 October, 1:51 pm

    I purchased a powakaddy for £400 in Oct 2009, within 3 months the gearbox had to be repired/replaced.on the 29th oct 2010 it broke down again with what appears to be the same problem.The trolley is guranteed for 2 yrs.I told that the trolley is not fit for purpose and they stated they would repair and make it fit for purpose.This model was a brand new and apparently powakaddy have had problems with this model.I feel that I should be given my money back or another model, whats the answer

    Reply
  • Kevin Smith 1 November, 1:48 pm

    I bought a £175 watch from Beaverbrooks in March 2010, after wearing it one night i realised that the pin came out with the dial on the side of watch! I took the watcch back to the shop and i was sent another one in May ( i took about 6 weeks ) . On recieving my new watch , the same problem happened exactly again. I have returned the watch for them to send back to manafactuerer. Will i be able to ask to have my money back or will they try and give me a credit note. Am i within my rights to demand a full refund??

    Reply
    • Stuart Halliday 7 November, 2:30 pm

      You do have to allow the shop to attempt a repair on a initial purchase and if they can’t do that then they should offer a replacement. Which seems to have taken place.

      If the 2nd replacement has the same fault then you should use the term “This item is not of merchantable quality and therefore I demand a full refund”. Which is your right. If the shop still denies you. Tell them you will be contacting their local Trading Standards officer to ask for their advice.

      If that still doesn’t shift them, contact the officer and explain the situation calmly. Take their advice.

      You didn’t not state how long the 2nd watch took to go faulty. If you have had any use of the watches then you may only get a partial refund as you have had some use of it. So good to note down just how long they were fault-free for during your ownership.

      Reply
      • Kevin Smith 22 November, 10:57 am

        Hi Stuart, I only have worn the watch twice since it was last repaired. It is in immaculate condition without a scratch or Blemish on it. It was about two months in between getting it and finding the same fault again, but as i said above, because i only wore it for going out in it had only been used twice. Should i accept it back when it is returned or leave it with them until i get a refund?????

  • mollie 3 November, 10:31 pm

    i brought a blackberry curve from a orange shop in august. it is not faulty and the buttons have completly broke on it. I have the box but i dont have the receipt? the phone is still under warranty as it not 3 months old yet, can i still get a repair with the receipt?

    Reply
    • mollie 3 November, 10:31 pm

      sorry, i meant it is now faulty*

      Reply
    • Stuart Halliday 7 November, 2:22 pm

      The Orange shop will have a 12 month guarantee on it. Even though you have lost the receipt as long as you can show proof of purchase then they will handle the repair.

      Though if they determine the fault was not due to original workmanship but due to you breaking it they don’t have to repair it and they may offer to charge you for the repair.

      Usually we pay via an electronic card and this will show up on your bank or credit card statement and this can be photo-copied and shown to them and is proof.

      If the store is helpful then they should be able to look up their records on that month and see that a phone was purchased. You have to prove that it was you that bought it of course. This is easy if you used a card. Far less so if it was paid by cash!

      One reason never to use cash these days or enquire at time of purchase if you did lose the receipt if the shop can still trace purchase to you.

      Tip: most cash points allow the cashier to add a bit of text to a receipt. Ask them to add your name to it. This will be recorded in their records then if you pay cash for anything important.

      Reply
  • Rebecca 4 November, 4:18 pm

    Hi,

    My mum brought a pair of shoes on the 25th October and wants a refund because they do not fit her. The company’s terms and conditions say the goods have to be returned within seven days of the delivery. Is this right? Surely it should be 28days? The shoes have been unworn, are not damaged and are still in its orginal packaging.

    Thanks for your help,
    Rebecca

    Reply
    • Stuart Halliday 7 November, 2:12 pm

      Yes, they are right. The official term laid down by law for shopping in a shop is a ‘reasonable time’. Yes, this is vague. So this is set down by the shop as often the customer doesn’t ask and therefore arrange a mutual period of time..

      If a shop says its 7 or 10 or 14 days it is your duty to determine this before purchase.

      Also if the packaging is opened (being closed before) by the customer then the shop has the right to refuse a refund as the items are now consider ‘used’ by Law.

      But I guess with shoes they were supplied in a open condition? So this may not apply to your mum.

      If you buy something online you have extra rights. You then have 7 days to examine and return the goods with a 100% refund for whatever reason.

      For this very reason best to buy an expensive item online and examine it thoroughly for a few days. As these days you often can’t get a look at an item working in a shop to decide if you want to keep it.

      Reply
  • carlajade 24 November, 1:19 pm

    i purchased a wendy house for my child for christmas , her nana has bought her one very similar its stilll in the box and i have reciepts after looking at the reciepts it states you only have 14 days to return its after the 14days now what are my rights

    Reply
  • scott 28 November, 10:54 am

    hi i bought a 32″ dtv from morrisons 8 months ago and it has now delevolped a falt where its slow to bring up menus and change channels i payed with card and still have my recept but not the box it came in. i would ecept a refund or and exchange if they still stock the tv i need to know what my rights are before i go into the store with it so can you tell me what to say please

    Reply
  • shanqs 29 November, 3:27 am

    Hi

    Exactly 2 weeks ago, I bought a service which is a “job agency” who claimed could help me to find an ideal job, and it charged me £1400 for the training and coaching.

    I have just come across an article which has stated the following which shocked me:

    “Agencies cannot charge an up-front fee before finding work for you. Until April 2004 this was legal in the entertainment and modelling businesses, but it was already unlawful under the 1973 Employment Agencies Act for an agency to charge a fee to workers seeking placements in other industries and occupations.

    The Conduct of Employment Agencies and Employment Businesses Regulations 2003 prevent agencies from requiring work-seekers to pay for additional services (such as CV writing, training, or the provision of personal protective equipment) as a condition of using the work-finding services of the agency.”

    I therefore doubt the legal status of the “comapny” which has took my £1400 and would seriously take the money back if possible. I have paid them with my MasterCard Credit Card, do you think my card company can help me getting back the money? or do I need to consult a lawyer for this purpose?

    many thanks
    shanqs

    Reply
  • Iain 30 November, 3:50 pm

    Hi there,

    I bought a pair of shoes from sole trader, and I believe they are faulty (there is a squelch of air from one sole as I walk). I took them back within two weeks of purchase to ask for a replacement pair, the shop sent them off to be tested as “we don’t have the capacity to find the fault in store”. They have come back as unable to find the fault and refuse to do any more, what are my rights in this? I don’t want to spend 90 pounds on a pair of shoes that are faulty! I like the shoes, I’m after a replacement ideally.

    Any advice you can give is much appreciated
    Iain

    Reply
  • Dykie 1 December, 8:41 pm

    I ordered a sofa from DFS and paid cash. I took the measurements of my front door, hall way and living room door with me and was informed that the sofa would fit. they tried today to deliver the sofa but it would not fit through the living room door. DFS have taken the sofa back but have told me I can not have a refund as it is there policy – they have said for good will I can go into the shop and order one that will fit but there is nothing else I like (plus the sofa I order was 1/2 price £600 and is now selling for £1200) Where do i stand as I will informed by the person who sold me the sofa that it would fit :(

    Reply
  • Ann Morton 2 December, 8:23 pm

    Shoes I have been buying in the past year has been of unusually poor quality. I am astonished that NOT EVEN ONE of these shoes have lasted above 50 days. In fact most of them have become defective and unusable after merely 14 days with the sole breaking open. The products I bought range from £25 to £55 in price.

    This has now happened so many times, from different stores (are they all buying from the same supplier?) that I am spending excessive time dealing with the issues. I now want to return them for a full refund. They are anyways, not repairable. Is the store obliged to issue me a refund? I bought the shoes less than two months ago, but they only lasted two weeks (one even lasted only a few days!). I have been busy and not returned them yet.

    I feel that as a consumer we are being cheated with base quality goods like these: it really is the responsibility of trade regulators to assure this kind of bad quality is not accepted for import into this country.

    Reply
  • Tony Slater 4 December, 12:05 am

    Hey there!
    The comment above immediately caught my interest – you mention an additional 7 days to examine products bought online. Is this defended by law?
    I’m having a problem at the moment with a holiday I booked as a result of a cold-call. A sales rep called me and gave the ‘you’ve qualified for an offer’ spiel, which I wasn’t really listening to. Then the offer they explained seemed good, a heavily discounted hotel stay in Cornwall. I agreed and paid over the phone with my debit card, after checking out the company online to ensure they were legit.
    I received an email with ‘Terms and Conditions’ of the deal which I was required to agree to and submit. I DIDN’T do this, as on reading the conditions I discovered I wasn’t actually eligible for the offer and would risk paying additional costs if I used the booking. Immediately on discovering this I called the company that booked the hotel stay, only to be told that they had a no-refunds policy, and that since I answered their operators questions to the effect that I qualified for the deal, I was not now going to get any money back. The time elapsed in total was about 48 hours, from their call to my request for a refund.
    Is there anything I can do? Unfortunately I used my debit card for the transaction instead of my credit card, so unless VISA debit can help me I’m at a loss.
    Help!
    And I think it’s amazing, by the way, that you’re continuing to answer all these folk’s questions after all this time.
    Thanks so much!
    Tony

    Reply
    • Stuart Halliday 17 January, 11:51 pm

      > Hey there!
      > The comment above immediately caught my interest – you mention an
      > additional 7 days to examine products bought online.
      > Is this defended by law?

      Sure is.

      The amended distance selling rights states you the consumer have a 7 day cooling off period.

      That is with goods delivered – seven working days after the day on which you receive them.

      You can open and look at the items and if not suitable then you need to write to them (use special delivery) or Fax (and get confirmation of them received it). Don’t use email (it’s not legally binding) or a telephone call.

      If you have paid in advance, the seller must refund your money within 30 days.

      There are a few exceptions:
      # Goods made to your personal specifications
      # Goods which by reason of their nature cannot be returned or are liable to deteriorate rapidly (eg. flowers or fresh foods)
      # Sealed audio or video recordings or computer software which you have opened.
      # Newspapers, periodicals or magazines
      etc.

      http://www.consumerdirect.gov.uk/after_you_buy/online_shopping/your-rights/

      Reply
  • martin benbow 11 December, 6:39 pm

    i bought a computer from currys 2 months ago one of the keys has come away and will not fit back i cant have the computer away for repair as i need it for my uni work what are my options

    Martin

    Reply
    • Stuart Halliday 17 January, 11:38 pm

      Back up the data on the computer and allow the shop to repair it. They will very probably delete all the data on it to return it to factory settings or they’ll offer a new one.
      Failing that they may offer you an equivalent. But they don’t have to offer you your money back.

      If you can’t bear the device being out of your hands for weeks or possibly a couple of months, then get a local computer repair man to fix it for you or do it yourself via a laptop repair web site. but this will void your guarantee with the shop of course.

      In any case get a backup of the disk first.

      Reply
  • Anna 13 December, 10:55 pm

    I have purchased wedding dress from Castigliano in Knightbridge. it was on Saturday but during weekend I regreted my decision so I cancelled the order on MOnday morning at 9.30.
    At first store manager told me to write to head office but when I did she said the address was wrong even though it was her who gave me address. She refused to give me telephone number too. Luckily I sent an email to genaral mail address. I receive the response after a week that they can only refund me 50% of just a dress.
    the contract stated that “there are no cancellations EXCEPT statutory rights” I understand its 7 days standard and specially if it comes to wedding dress I should be entitled to 7 days.
    Therefore I managed to negotiate to 100% refund for veil and made to meassure cost but only 50% of dress. Regardless this arrangment Castigiano didnt send me the cheque therefore I raised the claim in court but they didnt respond eigher. I feel they just stole my money and refused to action or do anything other then buying one of their dresses which I dont want as its my wedding so I can’t compromise on any dress. What shall I do?

    Reply
  • Jackie of Dudley 26 December, 1:26 pm

    Bothmy parents and husband brought me a compact digital camera from Argos as a Christmas. They were told that the items are excluded from the 30 day moneyback guarantee. Clearly I do not want or need 2 brandnew cameras – I’d like to return one of them either for refund or credit note. What should I expect from Argos?

    Reply
    • Stuart Halliday 17 January, 11:31 pm

      Why were they excluded from Argos 30 day money back guarantee?

      I suspect they were B-grade stock.
      That is discounted items that have been returned as being faulty and Argos found nothing wrong with them. But as the law forbids them from selling them as new, they offered them as seen?

      But I suspect they will still have a 1 year Argos Guarantee with them?

      So I assume they are working, fit for purpose. But you just don’t want one of them, they you have no legal right to expect them to refund you.

      If the product is unopened, etc. then if you ask nicely then they may offer you a credit note or exchange. But they have no legal right to do so. So butter them up? :-)

      Yes, it was a mistake made by your parents and husband and that is all there is to it. Argos did nothing wrong.

      Reply
      • Jackie of Dudley 18 January, 3:01 am

        No discussion at the store, they sell many products “exempt from 30 day money back guarantee” and that’s it, oh well :(

  • keeley grierson 28 December, 12:41 pm

    i bought my daughter a laptop in august for her xmas on opening it xmas day it is not working properly also my sister bought one and a friend bought 2 all of them are the same what is my rights for getting my money back i still have the till receipt which says on it can be returned within 14days

    Reply
    • Stuart Halliday 17 January, 11:23 pm

      If a product is faulty and you have the receipt, you of course go to the shop and ask for a working one.

      The shop is entitled to offer to repair it or replace it within a ‘reasonable length of time’ from purchase. Which seems in your case to be stated by the shop as 14 days.

      That is the minimum by law.

      If the shop offers extra rights, then it could if _it_ wished offer you a credit note or a refund if it can’t offer you a repair or replacement.

      You can not demand a 100% refund and expect the shop to give you one. Though as I said, they might if they give their customers extra rights.

      Tips:
      When buying anything worth a quid or two, always ask the shop before you buy what are your rights over and above the sales of good act. Ask what their ‘reasonable length of time’ period is to return the product.

      Ask what the guarantee period is. IIRC there is no such thing as a minimum 1 year guarantee by law on every product. Each product has its own life span and you technically should ask the shop what it’s expected lifespan should be before you buy it.

      Reply
  • Dave Slade 4 January, 4:30 pm

    A friend had a damaged screen on his laptop, and was told by PC World that they could not guarantee that his data would not be lost in replacing the screen. So he purchased a backup drive and a monitor with which to manually back up his data. He was told that as soon as he opened the monitor’s box he would not be able to return it, even if it did not work.
    Surely if the monitor does not work with the laptop it is not fit for purpose and therefore can be returned?

    Reply
    • Stuart Halliday 17 January, 11:12 pm

      A monitor is designed to work with a great many different computers supporting the VGA signal standard. So if it will not work on any computer which supports that standard, then it is ‘not fit for purpose’ and they need to supply you with one which can do this purpose.

      Doesn’t matter what computer it is for.

      If however you told PCworld that you bought the monitor to do this backup before giving the laptop back to PCworld and now because you’ve done the deed, you are now trying to return the unwanted monitor? Then you are chancing your luck!

      Once a product is opened and used, no shop is legally entitled to take it back and refund you. Why should they? They’re in business to sell things. If it is faulty or not fit for purpose then that is a different matter.

      If faulty they have to try to fix the monitor and you have to let them. If they can’t fix it, then they can offer you a replacement, credit note or part of your money back depending on how long you’ve had it for.

      If you stated the purpose, then they have to supply one that works suitable to perform that purpose otherwise they can offer you a partial refund based on the amount of time you’ve owned it or a credit note.

      Because one shop may extend your consumer rights and do 100% refunds, doesn’t mean all shops have to…

      Reply
      • Dave Slade 18 January, 10:43 am

        The monitor was never used for the backup – I couldn’t get the laptop to recognise it because I couldn’t see the screen. The Laptop was then sent off to another repair company who did not see the need to backup to replace a screen. This leaves the owner with an unwanted and unused – although not unopened – monitor. From what you are saying he is unlikely to get his money back, but I do feel that he was mis-sold this monitor.

  • jonathan 11 January, 12:54 am

    I bought a leather reclining chair august last year and the reclining action does not work. The reclining action never worked even after a repair. The action is important because my mother in law needs the reclining action or she will slip out of the chair as she is disabled. the call center continually fobs me off with ‘the manager is dealing with it’ or ‘the manager is trying to get the manufacturer’. They also refuse to let me speak to the manager. The chair cannot be used for the purpose it was intended for. An abled bodied person can still sit on it though but we don’t use the seat as we have a sofa for us.

    Reply
    • Stuart Halliday 17 January, 11:00 pm

      So why did you take a year to raise this issue?

      Why didn’t you raise the failure to fix the repair a day or two after the repair?

      Did you write a recorded delivery letter to the Manager?

      You may have lost all reasonable right to get the chair fixed IMHO by leaving it so long, unless it is still under some sort of warranty of course.

      There is the 5 year clause to the sales of goods act. You could claim on that as it has a fault which you alerted them to when it was new. As with this right, you have to prove the fault has always been there since you got it. So you need to be able to prove that.

      I’d go down that route. Speak to your local Consumer Advise Centre.

      Reply
  • david bailey 17 January, 5:00 pm

    Hi,

    Can i get a refund on a sat nav from argos which was purchased 8 weeks ago but given to me yesterday unopened and with the receipt?

    Thanks,

    Dave.

    Reply
    • Stuart Halliday 17 January, 10:54 pm

      Depends on Argos.

      You’ve exceeded what I’d call a ‘reasonable time’ in owning the device 8 weeks.

      The law allows the purchaser a ‘reasonable amount of time’ to have the product intact before asking for a refund.

      Shops has no legal obligation to refund your money, even if you returned it within 10 minutes, fully intact and it was bought fit for purpose. It’s your buyers mistake.

      But most shops have an extended upper limit on the number of days you can own a purchase before you decide to return it for a refund. (Maplin for example allow 28 days) So see if you can find out what this is for Argos?

      Online purchases have the extra right of 7 days to return the product for a full refund. Buying in a shop has no such right. But some shops do give you like I said those extra days as an extra right.

      But if you speak very nicely to them, they may be willing to give you a credit note?

      Reply
    • Jackie of Dudley 18 January, 3:07 am

      Check your receipt, most electrical items from Argos are exempt from 30 day money back guarantee, no refund, no exchange, no credit notes – not even up for discussion in the store.

      Reply
  • Tom 17 January, 11:59 pm

    I bought a washing and dryer machine from Currys at my local store when I got home started it a engineer put it on for us.But after we started using the washing machine it started to give a loud noise like a jet plain and shakes the whole kitchen,so i went to the store I said I will bring back washing machine tomorrow she said they will not accept it because nothing is wrong with it, and it’s all ready opened.I couldn’t check how it’s works in store.But I will damage my kitchen panels and damage draws because of the movments it’s making during using?

    Does the shop have right to do it ?Could u state some act or something to show for them in the shop that i have right to return the product.

    Frustrated Tom

    Reply
    • Mr Roo 18 January, 2:45 pm

      Tom
      I recently had the same problem with a washing machine that I purchased from the high street.

      Having unpacked the machine and switching it on for the first time – it seemed to work fine until it hit a spin cycle. At this time the machine started shaking in the same manner that you describe. The jet engine noise is also a prettu good description ofthe noise it made.

      I then revisited the installation instructions and found that some clips on the back of the machine that I had thought to be hose clips etc. were the transport screws mentioned in the installation instructions. In all there were four of these.

      I removed the bolts holding these clips and found that they were between 6″ and 9″ or so in length – and were obviously not simple hose holding clips.

      After removing these, I switched the machine back on and it has worked fine ever since.

      It may be an idea to look for similar bolts and remove them before you go much further. If in doubt, I would suggest that you contact the Manufacturer and confirm that you have followed all of the unpacking instructions.

      Hopefully this will help – either way it may be worth considering

      Thanks
      Roo

      Reply
      • Tom 19 January, 2:54 pm

        The transit bolts are removed :( but thanks for a reply :P.My lawyer printed out some acts for me to show them in shop if not i will sue the currys and the person was very rude to me.I will fight for my rights.

  • chloe 6 February, 11:54 am

    ive taken out car insurance policy over the web with a company called quotemart. I sold my car that the policy was covering 6 months into the 12 month agreement. They asked for a £75 cancellation fee and for a percentage of the total premium which totals at £439 which is more then the amount still payable under the policy for the remaining 6 months left. Surely this ridiculous amount isnt legal to charge me as it is such a high amount and can be seen as nothing else but a penalty for cancelling. I then asked how much it would cost to cover my new car and they said £127 which is more then double of a quote with another company that i have found. This is an unfair price and i would never agree to the terms and conditions if i had been offered this contract in the first place at this price (for the new car.) Surely i am therfore within my rights to cancel the policy and not pay a penny to this greedy company? please help

    Reply
    • Stuart Halliday 6 February, 2:32 pm

      Read the terms and conditions of your contract before signing up. If they are in there then you have little recourse. You agreed to this action when you signed up. So it’s legal.

      However if you feel the contract is unreasonable then you can go to court to try to get a ruling that it was unsound and therefore not binding.

      But this may cost you a lot more in terms of Lawyers, etc.

      The law is there to protect you and the other party. The other party have protected their interests by stating this cancellation cause. So always read it! :-)

      Reply
      • chloe 7 February, 10:10 pm

        Hi stuart thanks for youre reply but i have done my research and i think youll find that quotemart have breeched their contract which then leaves it void. Under the consumer credit act 1974 and unfair contract terms act 1999 quotemart have been unlawfull and therefore breeched the contract. This is through no.1 charging a penalty fee for canceling early and no.2 through asking for a disproportionatly high sum in compensation for the consumer failing to fullfill his obligation in the contract. thanks anyway chloe

      • Stuart Halliday 11 February, 5:32 pm

        Super Chloe, so if you are correct then you simply state this and inform them by letter that you won’t pay.

        Then wait for them to reply.

  • joanna macintyre 12 February, 12:29 am

    hi i wonder if someone can advise me. my blackberry was faulty so i took it to a small local shop that does repairs. i paid in cash. they said the item was fixed switched it on and the home screen came up and said battery drained. so i thought it was fixed but just needing a charge. once i charged it the same fault returned. do i have the right to ask for my money back? what are my rights. thank you

    joanna

    Reply
  • fc345 26 February, 4:19 am

    my mum bought me a camera for christmas olypmus sp-800uz it is terrible the picture quality is poor and makes my face look entirely different to what it actually looks (shape/colour) not only for me but other people i have tried the different effects and scene modes etc and im really not happy with the camera for its price it should be a really good camera though its poor quality it has a 30x zoom but it zooms into blurred visioned photos etc.the camera flash stutters and doesnt perform correctly ive only used the camera a few times and fine my phone camera which is 2 megapixels is alot better than this 14 megapixel camera worth over £299 these are only a few of the cameras faults can i get a refund if im not happy with this product?

    Reply
  • Brian Davis 27 February, 11:34 am

    I am trying to resolve a problem with one of the leading specs(glasses)companys, over the past 4years (approx) l have had 3 pairs. the first was only about 12months old and kept falling apart those were replaced at a cost, then the 2nd pair the lense broke and l was willing to but a new lense but was informed that l could not, so at cost l had to purchase a 3rd pair am l in my rights to complain about inferrier quality of goods suppled and should the said company compensate me for not only the inconvenience but the phone calls and disatisfied feeling from them. this is a short brief into what is a long complaint

    Reply
    • Stuart Halliday 27 February, 6:28 pm

      You have virtually no rights as the specs were probably outside their Warranty or Guarantee period which is usually 1 year (you didn’t state how long these items were under warranty/guarantee). You do have the 4 year ruling of course that if you can prove the glasses were faulty from the start the supplier needs to rectify the problem.

      When buying expensive items like glasses you should always ask the supplier how long they will guarantee to be able to get spare parts for. Get it in writing not word of mouth which counts for nothing.
      So if they later claim they can’t get spare parts within the stated period you would be entitled to some form of compensation.

      Yes, you are within your right to complain. But not for anything else. If you choose to give them your custom after you discovered their products were not up to your standards and your continued dissatisfaction then you should have given your money to another company.

      Reply
  • Joe B 3 March, 10:28 pm

    we bought a second hand kia picanto car from a large auto parc . problems have started almost from taking the car away . loss of power and fuel economy down and a missfire too . we had a dealer diagnosis test and was told it points to a crankshaft pulley which alters the timing etc major engine damage can result if continued. we havnt had the car a month yet and speaking to the warranty company they seem willing to examine the car to establish if the problem was there before we were sold it or after !!! having the dealer report and seeing just what is wrong with the car is worrying to say the least . what are our rights concerning the purchase of our car . the dealer reckoned around 2000 pound or more to repair or replace parts . the car is an 05 1.1 lx . any advise would be appreciated.

    Reply
  • Niall Blues 5 March, 2:51 pm

    Hi,

    I bought a DVD from Tesco. The disc rattled in the dvd player due to a unbalanced label I think.

    The disc started to jump and then froze half way through the film then jumped to the next chapter.

    Tesco would only give me a replaced copy citing copyright laws. They even tested the disc and could see it was jumping.

    Am I legally entitled to a cash refund. They all ready ruined the film for me I don’t want to watch it again and maybe have the same fault due to a fault batch of discs.

    How does the law stand. Surely this over rules any Tesco policy.

    Reply
    • Stuart Halliday 1 May, 11:16 pm

      > I bought a DVD from Tesco. The disc rattled in the dvd player due to a unbalanced label I think.

      No.
      By the law, you must allow the company to attempt to fix the fault.
      No refund.

      If however the shop has given you extra rights, say 14 days refund, etc. then yes.

      Reply
  • Hae Dakin 10 March, 4:24 pm

    Allow us face it. The PS3 Yellow Light of Death is absolutely a single of the most bothersome dilemma players may possibly encounter. You could have spent a handful of hundred in order to obtain the console. And now you encounter this problem. In actuality, it is entirely achievable to resolve this problem. Yet, you must consider some time to do so. And right here are three ideas for you.
    Learn more PS3 guidelines

    Reply
  • Michelle 11 March, 9:57 pm

    Hi,

    I ordered a dress from Pretty Kitty Fashion via Amazon.

    The cost of the dress was £24.99 plus postage of £2.99

    On the Amazon website the measurements of the dress was given as Large – 39″ chest but when I received the dress it measured only 37″.

    I unfortunately had to send the dress back to Pretty Kitty Fashion because the measurements given on the sizing guide were wrong and the dress did not fit.

    I had to pay a further postage cost of £2.98 to send the dress back.

    Although the initial cost of the dress £24.99 was refunded I am still through no fault of my own £5.97 out of pocket.

    Can you please advise

    Michelle

    Reply
  • Josh Springett 29 March, 3:16 pm

    Hi, I bought a PS3 Slim console from Comet in November 2009. It broke while I was not using it, it just turned 4 days ago and has never been able to turn back on. There’s not even a standby light suggesting power is going into it, even though the AC power lead is fine.
    The basic warranty from Sony is 1 year, so they will not replace the console for free.

    Can I use the sales of goods act in any way to receive a replacement or refund on the product from Comet?

    Thanks.

    Reply
  • Justine 31 March, 8:40 pm

    We purchased 2 matching items of furniture from an online store. One of the items is faulty, and the trader has agreed to give us a refund. However, we have no use for the other item on its own as the two pieces were bought as matching items. The trader wants to charge us £50 for the return of the non-faulty item. Do we have a case to reject both items at no cost to ourselves?

    Reply
  • Martha Gregory 8 April, 5:47 pm

    My family recently went to Panama City Florida on Spring Break as a graduation gift for our daughter. We got a discounted hotel rate through Kayak for 7 nights which came to $378 without taxes. On the 4th day of our stay we came back to our hotel at about 2a.m. Wednesday morning from celebrating a birthday of one of our family members. We weren’t loud or unruly etc but an older lady with her dog next to us we believe complained of the noise level. Her dog was actually the one keeping us awake. The front desk staff member who had been very rude to us prior to this incident especially to my daughter when she asked for more towels she told her to go find the housekeeper. She gave us a warning and then within a few minutes 3 officers knocked on the door and said they were told of fighting going on. They also said they were actually alittle thrown off by this since there was no evidence of this and we were not given any citations that evening. They told us we had to pack up our things and leave right then and while it was storming out we had to drive home to Ohio. We were told we would be charged only for the nights we stayed but when the bill arrived it was more because we were told we violated our terms by not staying the whole time so we were charged reg rates that came to more than we origanally paid. I spoke with the mgr that next morning and I told her WE didnt violate we were forced to leave and was not given the opportunity to defend ourselves to these false accusations from her staff member and we wanted a refund which she denied. The hotel does have a 100% satisfaction guarntee and my credit card company is aware of the situation and is trying to contact them. Do you have any advice or suggestions on what we can do to make sure this doesnt happen to another family and La Quinta does something about all the complaints they receive about their staff and hotel conditions. Thank you so much and hope to hear from you soon.
    Martha

    Reply
  • Emily 15 April, 6:31 pm

    Hi,

    I brought a scarf from TKMAX just over two weeks ago and it had a hole in it. I returned it to the store today and asked for a refund they told me becasue it had been returned out of the 14 day period that they could only give me a store card , even thought it was damaged. Is this true?
    Thanks

    Reply
    • Stuart Halliday 1 May, 11:27 pm

      Yes this is true.
      By law you had at the time of purchase a reasonable length of time to examine the goods. The law is clear on this.

      You and the store have to discuss what this ‘reasonable’ length of time is at time of purchase.

      The store has an extended right granted to you of 2 weeks.
      It is up to the customer to know this and act accordingly.

      You didn’t find this hole within 2 weeks.

      Nxxt time before you buy something – ask what their policy is?

      Reply
  • Steven Kelliher 27 April, 6:43 pm

    In March,i purchased an Electric oven and Hob from Dixons online. This item was received by a relative and not myself as i was working away from home at the time. On checking the items receipts,i relalised i had brought the wrong type….an electric oven and hob rather than Gas. I spoke with Dixons customer services who said that they would be happy to collect the items and refund me the money as they were still in the original packaging and unopened. So armed with the knowledge i was due a refund,i ordered a new Gas oven and hob. Later that evening,i recieved a phonecall from Dixons informing me,that because i was outside of there 21 day returns window that they will not be able to collect the items or offer a refund,due to it being outside there return policy window.I’ve spoken to Dixons who won’t even acknowledge that they made a mistake. Where do i stand legally/Is there anything i can do to get this item refunded?

    Reply
    • Stuart Halliday 1 May, 11:32 pm

      No doubt Dixons customer services record conversions. Tell them the date and time and get them to look up this record.
      That is your proof.

      BTW, always get a reference number and person’s name when speaking to companies over the phone….

      But why did it take you 21 days to contact Dixons?

      Bizarre

      Reply
  • Chris 29 April, 2:19 pm

    I purchased a Samsung american fridge freezer, delivered 14th March 2011. On 27th April 2011 it stopped working and everything inside both units was ruined. I unplugged it and plugged it back in and it started working again. I contacted the retailer who told me that if its now working, they won’t consider a repair or replacement. I was told to keep re-setting it (power on/off) if it happened again. What are my rights. Chris

    Reply
    • Stuart Halliday 1 May, 11:38 pm

      Tell them it’s faulty and get a returns number.
      They can’t possibly tell you it is working if it’s in your home.

      (Don’t tell them its ‘working’ now. Just say it’s got an intermittent fault and the unit is “not of merchandisable quality” and you want it fixed. If they can’t fix it, ask for a replacement. If that is not possible get your money back.

      “not of Merchandisable quality” is a key phrase used in the sales of goods act so tell them that. :)

      Reply
  • LH 10 May, 2:10 pm

    Hi,
    I purchased a pair of foot orthotics from Shuropody for £44.95. An hour later back at work (after shopping on my lunchbreak) I did an internet search on orthotics for my husband as he has foot problems too. On this search I came across the company who produced the Orthotic I bought earlier who sold exactly the same Orthotic for only £13.87! I checked the reference number and all the details to find that they were exactly the same but £31.08 cheaper! As you can imagine I found it hard to justify this price difference (e.g. v. large profit mark up!) and on my way home after work popped back into the Shuropody store. I explained the situation and asked for a refund. They have a no quibbles refund policy. However they refused to carry out the transaction based on they don’t refund Orthotics. I was not informed this at point of sale nor is there a sign anywhere in store that says this. My receipt, as well as, a sign on the till desk simply tells of their no quibbles refund / return policy – nothing about the Orthotics. The sales assistant was very hostile to me which was unsettling and very heavy handed in her manner. I explained that I had only bought the Orthotics 2 hours previous and had not even opened the packaging. She phoned her regional manager to ask for authorisation on the refund who refused it saying that he hadn’t heard of such a thing (the price difference on the orthotic) and refused to authorise a refund. As evidence I even had a internet screen grab of the Orthotic to show that I was not lying (they made me out to be dishonest). This was ignored. The situation has been left that the regional manager will be looking into this and will get back to me. It’s only a day later but as of yet there has been no response from him.
    I’ve looked on the consumer direct website to see what my rights are and under the Sales of Goods Act see that if you have change your mind you are not entitled to a refund. However, as I say Shuropody have a no quibbles (add on guarantee) refund policy which makes NO mention at all about the Orthotics. Where do I stand on this? Thanks for any help!

    Reply
  • simeon 11 May, 9:16 pm

    i bought a pair of jeans £40 and after about three weeks the stitches started failing in two seperate places, the retailer offered repair from a tailor but i refused because i see theese as poor quality if stitches are failing in two places they will continue to fail, do i have right to refund in this situation? also if the retailer just says no refund, there seems to be little i can do.

    Reply
  • Jess 12 May, 11:23 am

    I purchased 7 chocolate towels from Matalan but even after about 5 washes, they still leave brown fluff literally all over our skin, you couldn’t wipe your face on them without looking like you had measles, also our bathroom is covered in a fine brown dust where fluff is coming off and settling on bathroom fittings and floor. I emailed head office to ask if this defluffing would either stop and asked me to return them for inspection. They have just emailed back to say although they have had no other complaints they are sending me a £50 voucher for cost and inconvenience. All that allows me to do is buy more Matalan towels which obviously I don’t want as they will surely have the same problem – i would like to get 7 towels from somewhere else. Does this qualify as faulty/not fit for purpose so that I can insist on a refund? Thanks!

    Reply
    • Stuart Halliday 20 May, 12:07 pm

      Sure does.

      Just tell them they are “not fit for purpose and the sales of Goods act” and show them proof of purchase (receipt, bank statement, etc.).

      If bought via Credit card tell Credit card company and they’ll refund you.

      Just remember, you buy cheap, you get cheap. ;)

      Reply
      • Jess 20 May, 2:07 pm

        Thanks for your help! PS my mum bought them for me so I had to choose cheap lol

  • martin 13 May, 1:59 am

    hi
    i bought a brandnew pc just after xmas this year and the computer has broken for the 6th time(it has not lasted more then 3 weeks working)so i went back to the shop because i was feed up with them saying they fixed it and it breacking and asked for my money back and they refused and said they will fix or replace the item.i dont want an other pc from them because of the one i currently have.am i within my rights to expect a refund?

    thanks

    Reply
    • Stuart Halliday 20 May, 12:10 pm

      Sounds to me that you’ve given them more than ample time to try to fix the item. So you can ask for a replacement or if that is not available your money back.

      Just say “Not fit for purpose under the sales of goods act and I’ve given you reasonable time to try to fix the item”.

      If you bought it via a credit card, then get a refund from the credit card company.

      Reply
  • Heather 15 May, 1:06 am

    Hi I bought some chairs from focus, they weren’t in stock so they had to order them in. They have since gone into administration and now they say they dont know when/if they will be back in stock I have been told I cannot have a refund is this true?

    Reply
    • Stuart Halliday 20 May, 12:14 pm

      If Focus is still trading then that is no excuse. You can ask for your money back if they can’t get the item for you within a reasonable time.

      If not trading then you’re classed as a small debtor and will need to place a claim with the company doing the administration. But don’t hold out for any money back in that case as the biggest debtors get paid off first.

      Reply
  • Gary Mitchell 17 May, 6:36 pm

    I bought a pram from a local baby shop called BABY WORLD Feb of this year, after about 6 weeks and 2 of those weeks using the pram one of the wheels wouldn’t unlock and swivel. I took the pram back to the shop and they only offered to have it sent away to the manufacture. After about 4 weeks the shop contacted me and told me the manufacturer had replaced the pram. 2 weeks later the same problem has occured with the same wheel and I wish to find if I can now ask for a refund.

    Thanks.

    Reply
    • Stuart Halliday 20 May, 12:20 pm

      You probably need to get another replacement.

      But ask if they give any additional rights given to their customers.
      Small shops often don’t however.

      If it fails a 3rd time, then you have a good case for claiming that the item is “unfit for purpose” and get a refund.

      Tips:

      Before spending lots of money, ask for a copy of the shops full terms and conditions of shopping with them and ask if they give their customers more than the sales of good act rights.

      Pay by credit card. Then you get extra protection and often refunds are much, much easier when you pay with these!!

      Reply
  • Dan 17 May, 6:47 pm

    Hi All

    Recently bought a work radio from ebay, the seller is actually a business and uses ebay to obviously appeal to more consumers.

    Purchased the radio on 31/3/11 and received it on 6/4/11, i started using it and quickly realised the reception was very poor wherever i placed the radio, a friend has a identical one and we sat them side by side, his worked perfect and mine was very poor.

    I called them up and they were quite happy enough to take the radio for check/repair, which they did, they then called me and say that its been sent back to manufacturer and they have repaired it and it will be sent back out to me very shortly.

    Radio comes back with a repair slip and all looks well, until i open the box and realise they havnt put the aerial back inside the box, so yet another call to them and they were very apologetic and agreed to send one out to me, however in the meantime i was intrigued to try the radio so borrowed the aerial from my friends identical one, low and behold the radio has the exact same fault !!!

    Now not very happy at all and call them yet again, this time i demanded my money back as i have payed almost £200 for something 4 weeks ago and not been able to use, he agreed and agreed to have it picked up from me, however they then call again and say it has to be picked up and then sent off for inspection to the manufacturer before they will refund me, i reluctantly agree and off the radio go’s.

    Today i get a call after around a week of them having it saying that the manufacturer cannot find a fault with the radio

    I need some help and advice on what to do here

    Ive read the terms and conditions policy on their website and it states ” any goods can be returned within 7 days for whatever reason ”

    My first point of contact with them was 2 days after recieving it, so should i be well within my rights to get my cash back?

    Any help appreciated

    Thanks

    Reply
    • Stuart Halliday 20 May, 12:30 pm

      No need to go to the manufacturer. That’s doesn’t excuse your rights which is with them.

      You are unhappy with it and you have been informed that they tried to fix and obviously failed.

      Quite possibly the radio has different inners to your friends and that explains the fault. But this isn’t the total problem.

      You need to explain that the item has been found faulty by you, you have given the shop the chance to repair the item and they have acknowledged that it was faulty and has been fixed. The second time you got it, you found it was still faulty so they have failed to resolve the issue.

      So say it is not fit for purpose under the sales of goods act and you have given them a chance to fix the issue and they have failed. Take in the other radio and do a demo of the fault.
      It is now up to you to prove the item is faulty.

      If their web site says “any goods can be returned within 7 days for whatever reason”. Then the Advertising Standard Authority needs to be informed that this isn’t happening and they can get them to change their web site. As of 2011 web sites have to be honest.

      Try to get a note of their terms and conditions on their site and print them out.

      Reply
  • gareth 19 May, 2:29 pm

    Hi, im a trader and bought some fence panels on behalf of the customer. Now through a break down in communication somewhere down the line, i have been provided with concave (bowed) rather than convex (arched) panels. Im 99% certain when I ordered I did say convex but obviously its my word against the suppliers. They say that because they are made to order, they wont accept returns although it doesnt state this anywhere on the receipt or in their online terms and conditions, the only mention of returns is if the product is in a saleable condition, which it is as its unused.
    Just wondering if I have a leg to stand on or if I have to take it on the chin and pay for the panels for a 2nd time and try sell the initial incorrect 1’s on ebay or something.
    Any help would be greatly appreciated as as it stands I’ll be working for 8 days and making a loss on the job :(.

    Reply
    • Stuart Halliday 20 May, 12:40 pm

      As a commercial business you are not covered under the sales of goods act when buying from another business.

      It is therefore up to you to determine any rights, terms/cond, etc. the business gives to you before you buy something.

      If it says returnable in a resalable condition and it is, then the problem is that it is a custom job and their T&C did or did not mention this?

      If you can find any printed T&C of theirs and it didn’t state this exception of returns about custom jobs. then you may argue your case about breech of contract.

      But 99% of companies will not take back custom-made jobs. But they do have to state this. Them assuming you knew this is no excuse.

      Tip: Always do things in writing. Verbal instructions is just asking for trouble!

      Put this one down to experience? :)

      Reply
  • stacey kavanagh 19 May, 6:38 pm

    hi, my mother who is disabled and had a stroke bought in cash a £922 sofa from harveys last september, she waited 8 weeks for it to arrive and when it did she was delighted, only after 5 days the material started sagging and the wooden frame started to break, after some long phone calls and emails from trading standards they agreed to replace it with another suite. my mother then had to pay more money for the new one which she had chosen from the shop floor.
    she was told it would be delivered in 6-8 weeks as it had to be made.
    5 days later harveys rang and said it would be delivered on the thursday 3 days after. when it arrived it arrived in 5 separate pieces and was put together with what looks like ahook and eye an lots of velcro, it is very noisy as there are mechanisms in the recliners, which she cannot use. we rang harveys and they said as it was the second one she had to put up with it, trading standards advised getting an independant report from the furniture ombudsman which she paid £100 for and that came back saying there is no manufacturing default no further action would be taken, as my mum is unhappy with what she has and the salesman didnt explain that it would come as a build it yourself does she have any rights to a refund or another replacement
    any help would be muchly appreciated
    thanks
    stacey

    Reply
  • aftabsheikh 23 May, 1:34 am

    urgently i needed money i promise i returned it it’s my grante….

    Reply
  • claire 24 May, 9:02 am

    iv bought my b/f a pair of running trainers three days ago, he has went out in them once and they have torn at the bottom already! am i intitled to my money back?

    Reply
    • Stuart Halliday 24 May, 10:55 pm

      No, but you are entitled to go back to the shop to allow them to examine the goods and see if it can be repaired initially.

      If it can’t be repaired, then you can settle for an exchange or if that is not possible, a refund within a reasonable time of purchase. (this is often set by the shop, it is often 0, 7, 14 or 28 days).
      So 3-5 days is fine.

      If the shop offers you extra consumers rights then that is up to the shop. Find out what the shop terms and conditions are before you take the shoes back…

      Of course the shop can claim he tore them and you have to prove otherwise. But don’t be put off by the sales assistant/manager just looking at them and deciding there and then. Unless they are a shoe expert they may not in a position to judge damage. You can ask for them to be examined by a expert.

      If you paid by credit card and it is over £100, then you get extra rights via the credit card company.

      But above all be polite and courteous. You’ll get further than being a pain.

      Reply
  • hannah duffy 1 June, 6:18 pm

    i purchased some summer sandles from primark in hartlepool and as i was in a rush i didnt bother to check the condition, when i got home to put to put on the sandles they looked asif they had been worn and the heel and sole of the shoe were in terrible condition, so i went to take the shoes back and the woman refused to give me my money back even though i had my recept, when i sopke to the manager she basiclly called me a lier and said that in her opinion i had worn the shoes and braught them back even though i would have been happy with an exchange are they allowed to simply refuse to exchang the shoes or give me back my money?

    Reply
  • john bishoprick 1 June, 10:24 pm

    dear dominic,
    i purchased a weatherproof single three point electic box and connected it to my electric circuit athe front of my house. when i went to cut my lawn the circuit breaker which i had attached to my grass cutter would not fit into the new box. i had to take off the circuit breaker and just plug my grass cutter into the box without it.defeeting the safety aspect of it all.,working without the circuit breaker. i disconnected the three point box and took it back to the supplier,andwas told its not thier fault the circuit breaker would not fit inside the box,and i could not have a refund as i had made a wire entrance hole in the rear of the box. whats the point of people buying circuit breakers for thier safety if they wont fit inside the three point plug weather proof boxes. the supplier was ELECTRICBASE 1PORTRACK TRADE PARK CHELTENHAM ROAD STOCKTON ON TEES TS18 2aD TEL01642 673256

    Reply
    • Stuart Halliday 5 June, 4:06 pm

      Gee you are naive aren’t you?

      You didn’t check at purchase to see if your circuit breaker (which are made in dozens of shapes and sizes) would fit into the box and then you put a hole in it and then tried to return it?

      Of course you voided the guarantee, of course the shop won’t give you your money back.

      The Sales of goods act is there to protect the consumer _and_ the supplier.

      Reply
  • john bishoprick 1 June, 10:27 pm

    i thought all electrics were up to british standard now.

    Reply
    • Stuart Halliday 5 June, 4:15 pm

      The standards are there for safely and do not regulate the size of a device.

      Also if the device is not made in the UK then there is a good chance it is from ‘you-know-where’ and may be counterfeit.

      Just because the makers put a kitemark or CE stamp on doesn’t mean it’s been tested by a safety expert in the UK.

      The BS kitemark and CE mark are indications by the makers that they believe the device complies with the EU/UK law.

      Did you know the cost of testing a device to the CE standard is over £10,000?

      Do you really think every device coming out of the EU really gets such a test? It’s just a voluntary test and 99.99% of consumers don’t ask to see the actual certificate.

      So they don’t bother.
      Common knowledge it’s a joke in the electronic industry.

      At least with a FCC code number on a device from USA, you can go online and look it up on the FCC website and confirm it’s been tested.

      It’s the price we pay for cheaper goods in the UK/EU.

      Reply
  • jayne smith 10 June, 2:43 am

    hi i’m hoping smeone can help ???

    we bought a pushchair through a baby plan with mothercare, however 3 months after using the puschair it’s unsafe and starts to collapse on my baby, you can’t put it up as designed you have to double check the saftey cathces which can pinch you if not careful, an annoying rattle is coming from the extendable handlebars, annoying squeak from the wheels, and more worringly the brake takes itself off !!!!
    mothercare have a system where they offer to repair and lend u another pushchair ! i dn’t trust this pushchair with my baby !! i’m wondering if i can find a way to avoid getting it repaired for the same thing to happen in a few months!! i would like to exchange to a different brand pushchair in which i would feel more cmfortable in trusting to do as it states!!

    can anyone please advise xx

    Reply
    • Stuart Halliday 11 June, 12:00 am

      You only have the basic right to allow the shop to repair it first.

      If they can’t do that then they can offer you a replacement or refund it. But they have a right to try to fix it first.

      If they offer you extra rights over the law, find out what they are?

      3 months is beyond a ‘reasonable time’ to find initial fault with it, so be prepared to take back the faulty item (it’s the law).

      Why you can trust a pushchair that you’ve never tried before (and in all likelihood has never been examined closely by any human) over one that you know has been personally examined and repaired is an odd way of thinking surely? :)

      Modern items are MASS produced and only 1 in 20 (if you’re lucky) or 1 in 50 are actually tested to see if they work correctly. The company then assumes that all the next batch (which can be as many as 50) are ok.

      Find out of there is any safety standard for these types of chairs and then ask if your repaired chair is up to that standard. Get a written note from an expert, not just any old sales assistance who is not likely to be an expert, that it is 100% safe.
      This’ll give you some level of confident.

      So if it goes wrong again (brand new items are more likely to be faulty than one 3 months old) then demand a replacement quoting it is not of ‘merchandise quality’. That’s a key phrase.

      If you paid via credit card then you may have extra right via your credit card company.

      Reply
  • Jon 10 June, 7:12 pm

    I am a retailer. A customer bought a childs plastic watch in early August 2010 and returned it in mid October 2010 as her daughter had broken the plastic strap.I sent it back to the supplier and they replaced the plastic strap under warranty.She has now contacted me in june 2011 to state that her daughter has broken the strap again (8 months after repairing the last strap)and demanding a full refund. I have offered to have the watch repaired again as it is still within its one year warranty as a good will gesture as they have broken the strap again, If not covered by the warranty as its the second time repaired and straps are not covered due to wear,unless faulty, I would stand the cost of the replacement strap. Please advice as she is still demanding a full refund.

    Reply
    • Stuart Halliday 11 June, 12:16 am

      The basic sales of goods act means that if she has returned the item within a reasonable time as faulty, not of merchandise quality, etc. then you as a retailer have to offer to repair it, offer her a refund, replacement.

      After this time period (something you decide, usually < month) then its a within its warranty and all you have to offer is the repair.

      It is up to you if you wish to offer more rights than the basic sales of goods act? Perhaps you feel the customer may give you more business?

      You do have the ability to ask the manufacturer if the item was indeed faulty or if it was in their opinion a user fault of course.

      She has no right to a full refund after all this time under the sales of goods act. Unless she is calming it is an inherent fault with the product and this is covered for up to 5 years IIRC in the SOG act.
      But she has to prove the fault was in there from the start, not you.

      I assume you as a business have got terms and conditions of sales on products (including this reasonable time period) and this is on display in the shop for your customers? :)

      Reply
  • michael 11 June, 3:43 pm

    hi, bought a microwave from Aldi.

    in less than 3 months the turntable stopped turning and bulb has gone.

    Aldi are offering to repair BUT say it can take up to 4 weeks to return.
    as we use M/W every day, this is not good enough- are we entitled to a refund (they say they can’t replace as no longer stock it)

    Many Thanks

    Reply
    • Stuart Halliday 14 June, 9:25 pm

      The shop has offered to do a repair on the Microwave which is their right.

      If you state your reasons and ask for a swap or a credit note then they can offer you this if they wish. But they don’t have too.

      They do not have to offer you a refund. 4 weeks is a reasonable turnaround for a repair.

      Reply
  • Birute 11 June, 10:16 pm

    Hi, i work in a shoe shop on a high street.
    Just wanted to ask what is my rights by the law if customer comes with faulty shoes without any proof of purchase? can i refuse to repair/exchage or refund?

    Reply
    • Stuart Halliday 14 June, 9:29 pm

      The customer HAS to show some form of proof of purchase.

      If it was with cash then this is difficult for both of you. You can offer to look through your receipt records if you know the general day the shoes were sold on. But this is a courtesy on your part.

      Usually a credit card or debit statement showing a purchase from your shop is enough.

      Reply
  • Jennifer 11 June, 10:33 pm

    Hi there,

    We have just purchased a new intergrated sat nav/radio from a car audio company in Manchester.

    Upon returning home (in Leeds) we discovered that the quality of the radio signal is very poor and doesn’t even pick up standard radio stations (ie Radio 1, classical etc)
    If it does happen to pick up a signal, it is accompanied by a hissing in the background (a bit like White noise on the TV).

    We have also noticed that when driving around the Sound quality varies.

    Now, on the till receipt it states that they do not offer refunds but it doesn’t affect our statutory rights. Am I correct in thinking that if they cannot fix the problem we would be entitled to a refund?

    Also, do we have to accept a replacement (either same model or similar?)

    Reply
    • Stuart Halliday 14 June, 9:36 pm

      Sounds like it has a fault or the radio aerial is not attached properly by yourselves.

      The shop can NOT refuse a refund if they can not first repair or offer you a replacement product of similar money value.

      They have to give you a item of similar merchandise quality.

      If they will not offer you a repair or swap then as long as you have proof of purchase then they are likely breaking the law by refusing a refund.

      Trading standards might be very interested if the receipt actually states they do not do refunds.

      Remember to return the _complete_ item. That includes the packaging….

      Reply
  • Jennifer 11 June, 10:35 pm

    I would also like to add that our car is a Passat Cc and the integrated SatNav/radio cost us £650.00

    Reply
    • Stuart Halliday 14 June, 9:40 pm

      Makes absolutely no difference if it was a toy boat.

      It has to be fit for purpose what ever you buy.

      Which is why everyone should always state what they are going to be using their item for and get the shop to agree it is fit for that purpose.

      If you paid for this radio via credit card then you have extra rights from your credit card company so if this is the case here. Give them a phone! :)

      Reply
  • eleanor 13 June, 9:16 pm

    I have just tried to return an iron I bought 5 weeks ago to the retailer. The end dropped off, exposing the wires, so I assumed it was not fit for purpose as it was unsafe. I bought the iron for £30, which happened to be at a 50% discount. This offer has now ended, and the model I returned is no longer stocked by the retailer. The nearest like-for-like model (same manufacturer) was £60. The only difference between these two models was the colour. The retailer was happy to let me take this instead, as long as I paid the £30 difference.

    Is this reasonable? The sales assistant stated that she was unable to send off the iron to be repaired, and could only offer me an inferior model (at £30) in exchange, or the like-for-like model (at £60) on payment of the difference.

    This seems unreasonable to me, as it was just by luck (good or bad) that the model I wanted happened to be on sale at 50% discount on the day that I bought it. Do I really have to settle for an inferior model simply because the shop has run out of stock of the iron I bought?

    The sales assistant also refused to let me speak to the store manager.

    Would appreciate any comments / advice, pls.

    Reply
    • Stuart Halliday 14 June, 9:49 pm

      The fact they can’t repair it is NOT your problem. They have to offer you either a repair or if they can’t do that, they have to offer a similar item or a refund.

      If the item they offer is of better specification then it is usually left to the customer to decide whether or not to pay the difference.

      If however it is lower, then you do not have to accept this offer and you should be offered your refund.

      Remember discounts do NOT affect your consumer rights…

      You can always contact your local Trading standards people and inform them of this borderline activity.

      Reply
      • eleanor 15 June, 9:51 pm

        Hi Stuart
        – So the retailer has the choice whether or not to offer a similar item or a refund, do they? There’s no way I can make them give me a similar iron instead of a refund?
        Thanks

      • Stuart Halliday 15 June, 10:08 pm

        Not really.
        It is up to them.

        But why not just take the money?

  • margaret 14 June, 12:50 am

    Hi I bought a Toshiba laptop on the 13th of January as a online exclusive from Argos , the laptop was delivered to my local shop for pick up , after 5 weeks the laptop completly broke down it wouldn’t even turn on, I rang Toshiba and they offered me a repair which took 10 working days because the hard drive needed replaced.
    Last week the laptop started to show up warnings that the hard drive was failing and to back up my files , so I rang Toshiba again telling them its history and its only 22wks old and I wasn’t prepared to except another repair I want a new machine or my money back. They told me because I bought it from Argos that they could only offer me a repair to take it back to Argos and quote the sale of goods act.
    Please could you advise me on this before I go back to Argos because I don’t want fobbed off with some Jargon?

    Reply
    • Stuart Halliday 15 June, 9:28 pm

      The issue is 100% with Argos, not Toshiba as you bought it from Argos.

      Get in touch with Argos and ask for it to be repaired.

      As this is your second repair, you may wish to tell the store that in your opinion it is “not fit for purpose” and you have allowed Argos to repair it the 1st time and now you wish a swap or refund.

      You have to prove it is not of merchandise quality and I’d take in documents to prove its already been repaired once before.

      If you paid via credit card, then contact them as well as you’ll get extra rights.

      Reply
  • Chris Bennett 15 June, 6:15 pm

    I bought a DSi XL case from my local Game Station shop in St Helems. When I tried this at home, it was found not to close properly. I took this back to the shop, and all they could offer was in-store game card or replacement, as the receipt says they will only exchange. I just want to know, if this would fall under the ‘not fit for purpose’ category, thereby they should I would think give a refund. I have exchanegd it for now,but my worry is that it will be the same. I did not accept the instore card, as its not the type of place I would ususally shop in.

    Reply
    • Stuart Halliday 15 June, 9:22 pm

      It is illegal for them to say they will only replace.

      If the item is faulty or not working for its purpose then they have to by law give you a refund if they can not repair or replace it.

      Simply tell the shop you will be contacting their local Trading standards people and asking them for further advise.

      Reply
  • Jake 23 June, 6:36 pm

    I bought an ipod touch, but wish to exchange it for a model with more memory – it is unused, but the box has been opened. The shop is refusing to exchange it because the box is open – can they do this?

    Reply
    • Stuart Halliday 27 June, 7:53 pm

      Sounds like you’ve changed your mind after getting the device. As you’ve opened the box, it’s no longer ‘new’ so a few shops try this as they can’t resell it as new. But the open box isn’t the issue.

      It doesn’t matter if the box is open or not.

      The real issue is: Is the device fit for the purpose it is designed for or what you requested at point of sale?

      If you didn’t question the size of storage at point of sale then the fault is yours, not the shops.

      You should have been more accurate gauging the amount of storage you needed before the sale.

      If you did ask about storage and you were told it was adequate for your needs after some sort of question/answer session with the sales people. Then the fault may be with the shop and their advice and the product has therefore been “mis-sold”.

      If this is the case, they should swap it for the right sized one or give you a refund or exchange for a similar model with the right storage. But can you prove this point? That is the hard bit.

      If you paid for it with a credit card, you may have additional rights via the credit card company.

      If you had bought it online, you would have had 7 days to return it for a full refund. Something worth thinking about in future.

      But sounds like you misjudged the storage requirements from what you’ve said and want them to fix your mistake. The Sales of Goods Act works both ways. :)

      Reply
  • Diane Page 24 June, 11:24 am

    Hi I bought 2 leather sofa’s from DFS-delivered end July 2010. I complained within first 6 weeks about 3 seater re excessive puddling, sagging, squeaking. right hand side of sofa felt like you were sat in a “hole” and it moving when sat on. Initially DFS came out and said it was “natural puddling and softening” nothing wrong. On my insistance and the 2 seater starting to go the same the have been out at least 4 times to the house and repaired the sofas, completly upholstered the cushions on the 2 seater and added a middle leg. The three seater has been back to the factory and been re upholstered on the cushions. However, within a week was worse than ever and also we now slide off it as it slopes forwards. I once again complained. The manager came out, offered an exchange of the 3 seater but not the 2. I declined this as they are white and the shasding would differ. He said I could go into store and choose new sofas up to or above the cost of these and he would swap them . I did this. However, on receipt of the sales contract he has wrote in capitals and highlighted LEATHER WILL STRETCH AND CREASE AND PUDDLE. IT WILL HAVE NATURAL MARKINGS, CUSHIONS WILLSAFTEN WITH USE. I have told him to cance this and asked for a refund. I have also phoned DFS head office and got them involved. Am I within my rights to ask for a refund now.

    Reply
    • Stuart Halliday 27 June, 8:02 pm

      If an item can’t be repaired or replaced then, sure you are within your rights for a refund. It is therefore not of merchandisable quality.

      He has offered you a replacement, so technically you have to take these.

      If there is a dispute over how this item wears with use, then I suggest a 3rd party looks at the item and gives an expert opinion.

      Sounds to me it is a dispute over the expectations of the quality of the items over time.

      DFS may think it is acceptable. you may feel it is not.

      Remember, the manager may not be a expert on an item of furniture. You are entitled to ask DFS to ask for one of their experts to examine the item and get a written opinion. But do get a name and qualifications too so you can assess if the person is an expert.

      Or you could go to a independent furniture maker and ask them?

      Reply
  • charlie 28 June, 4:29 pm

    i bought a top from primark and i have the reciept for it i just want to exchange it it has gone over the 28day policy they said i can exchangeit but at the current selling price even thought i have a eciept to state how much i paid i only want to exchnage it

    Reply
  • Carol Haughton 2 July, 1:39 pm

    I bought a pair of shoes on the 17 June 2011, the decoration on one of these shoes fell off on the 27 June 2011, I returned the shoes to the shop on the 2 July 2011, with my receipt. I was told I couldn’t have a refund as it was after 7 days and I could only have a credit note and an exchange.

    These shoes are now not fit for purpose after only 10 days, surely I am within my rights to expect a full refund

    Reply
    • Stuart Halliday 9 August, 9:37 pm

      No you are not.
      If their terms of trading is set to 7 days then you have accepted this condition by buying it. Not knowing this time period before hand is not an excuse in the Law’s eyes.

      The Law just states a ‘reasonable time’ which leaves it for the store and you to negotiate this time period before the purchase.
      So the store’s time limit is the default if you didn’t negotiate this.

      You are entitled to a repair, exchange or credit note of course.

      If you bought it with a credit card and it was more than £100, then contact them to get a refund as you have more rights given to you by the credit card people.

      Personally I always ask the shop what is their terms and conditions and I get this is print. Not the word of a sales person.

      7 days is pretty short however. So maybe take your business elsewhere after informing the manager that their policy is costing them your future business?

      If we all did this, shopping would be so much better of us… :)

      Reply
  • cathy 9 July, 10:41 pm

    hi i work in a supermarket that sells electrical items and the training on statutory rights is practically non exsistent. the stores policy is that to return an electrical item customers must bring back everything they got with it like box instructions etc(the reason being is that the company that makes the product wont always refund us without everything).we do hand out leaflets when we sell an item stating this but customers do quite often bring back without, and then we can only give them a like for like exchange (ie they dont give us a box we keep the box for the new item).is this right enough?

    Reply
    • Stuart Halliday 9 August, 2:58 pm

      Of course. It would become their property again and they are entitled to everything back. Wouldn’t you expect this if you were selling anything and offered a warranty?

      Likewise the distributors and original makers would want it all back and so on back up the chain.

      Reply
  • Dee 15 July, 7:20 pm

    Hi purchased an iron from argos less than a year ago, had problems with the screws coming loose in the plug which I tightened. After using it the other day the plug broke in 2 (ie the back of plug came off but obv has split on the inside no cracks on the outside). Can I get a refund or exchange for this on terms on faulty goods?

    Reply
  • alison 20 July, 11:32 pm

    hi, 6 months ago i purchased a bed from a leading catalogue. i paid this off in two payments because i could afford to at the time. the bed has literally fell to pieces. i’ve contacted the catalogue and although they are accepting the bed back, they say that they will only credit my account. the only money owed on the account is from other family members who have there own payment plan. i do not want a replacement and need the cash refund to purchase elsewhere. can i get a cash refund ?

    Reply
    • Stuart Halliday 9 August, 2:48 pm

      No sorry. Unless it is within a reasonable time (usually less than a month), you have to allow the shop to give you a repair or a replacement. If you didn’t want a replacement then after 6 months you’ve had use of it, the shop has the right to only give you a partial refund or partial credit note. Their choice.

      Reply
  • Natalie 23 July, 11:02 am

    Hi, I bought a pair of jeans from the Diesel outlet store at Bicester village 3 weeks ago. I have not worn them since buying them. I went to wear them yesterday and noticed a hole that I hadn’t noticed when trying them on in the shop. The jeans were on sale.

    I have the receipt but the receipt says
    ‘Diesel will exchange goods or issue store credit only on items purchased in Diesel Bicester or Diesel Cheshire Oaks outlet stores, within 14 days and with proof of purchase. No exchange on sale items.’

    Does this mean I’m not entitled to an exchange or refund?

    We went to the store after visiting a friend nearby, and the nearest store is 1 hour 30 minutes away from home, so don’t want to get all the way there and be refused a refund (and I’ve tried ringing them but no answer!).

    Thanks

    Reply
    • Stuart Halliday 9 August, 2:42 pm

      If any product if faulty, you have the right to get them repaired or replaced or your money back (in that order). The trick is each shop sets the period of time the warranty or guarantee last for. Sometimes it is just what is ‘reasonable’. 2 weeks for clothes is probably reasonable.

      However if you can prove the hole was a manufacturer or shop fault then you are entitled to goods of merchandiseably quality or a replacement or refund.

      You can ask the shop for an expert opinion. Not likely there is a clothing expert on the shop. So ask for it to be sent to the maker for an expert opinion. Then read their report and don’t be fobbed off by the shop.

      Reply
  • Dean Mullarkey 23 July, 8:26 pm

    Hi, I brought a gaming steering wheel for my PlayStation 3 from GAME. The wheel isn’t fit for purpose. It has a clamp which screws into the bottom of the wheel. The wheel won’t clamp to either of my coffee tables as there isn’t enough clearance on the underside edges of the coffee tables.

    I opened the box and tried the wheel. The clamp was in a sealed plastic bag. The wheel was in an open plastic bag. I wasn’t able to try the clamp without opening the sealed plastic bag.

    I returned to the store within the hour. I was told over the phone that it would be at the store managers discretion by there customer service call centre.

    When I returned to the store they refused me a refund because the clamp bag had been opened. I explained that it’s impossible to try the clamp without opening it. They said they cannot sell it as it’s been opened.

    I did ask if I could use the wheel on my lap before I brought it. They did tell me it had to be clamped. The didn’t tell me anything about the size of the clamp or how it worked. There are also no dimentions of the clamp on the box.

    I left them my phone number so the manager can call me on monday morning(he was not in store at the time).

    It is impossible to measure, test or try out the steering wheel and clamp in any way without opening the small plastic bag that the clamp is packaged in.

    The product is in perfect condition as it was when brought. I brought it in good faith and had no choice in opening the product.

    Do I have any options? Your help would be very much appreciated.
    Thank you in advance.

    Reply
    • Stuart Halliday 7 August, 11:18 pm

      Tricky, if their returns policy says that they won’t offer a refund if opened then they are trying to shift the problem to you as you opened it.

      However you can argue it is not fit for purpose and you can not test if it is fit without opening it.

      If the packaging has no instructions on the outside telling you of any limits of the clamp. Then I’d say you can probably get a refund, credit note or replacement. Maybe speak to your local trading standards people and ask them their option?

      Reply
  • Stuart Halliday 9 August, 2:33 pm

    Sorry. But the law is on the side of the shop in this case. You have no rights to exchange it at all if it is fine and the shop gave you an extra right to exchange it within 28 days (very generous IMHO). So any further rights given to you by the shop is entirely up to them. They don’t have to do anything.

    Reply
  • Anita 18 August, 2:10 am

    i recently tried to buy a car,a few before hand i test drove the vehicle but i told the sales man that i needed a couple of weeks to think about it. he offered to hold the car for me if i put down a deposit which i would get back in 2 weeks if i decided i did not want the car. after thinking about it i called him and put the deposit down. i latee went to his office to complete the purchase but after going through all the financial assessments i realised that i could not afford the car as i had expected. i then asked for my depisit back,but the salesman refused to give it back stating that when i paid over the phone i did not mention that i would want my deposit back and therefore he is entitled to it. i would like to mention that i did not sign any papers or documents,the car salesman just refuses to give me back my money. i therefore need advice on how to handle this situation and if i do have the right to get my deposit back.

    Reply
  • Ethan Croft 20 August, 12:43 am

    Recently purchased some earphones from HMV, my third pair of them (after all of them being faulty), now broken again, so want to send them back and get my money back. They’re faulty, like the last pairs. Still in Warranty, will I be able to get my money back? Thanks :)

    Reply
    • Stuart Halliday 21 August, 12:42 pm

      Just state they are not of merchandise quality after having 3 faulty replacements and ask for your money back.

      The law is clear on this. The shop has offered you a replacement each time. But the fault still exists. So the product isn’t good.

      The shop could of course argue that you are at fault in abusing the item. But they or you need to prove this by providing an expert opinion. The shop staff are unlikely to be experts, so ask them to send it to the manufacturer for an expert opinion and get the results in writing?

      Warranty is a term used to fix items by the maker within a time period. It doesn’t give you your money back. That’s why we have guarantees by shops.

      Reply
  • amanda phillips 20 August, 8:36 pm

    brought an item of clothing on 30/7/11 i returned it on 10th/8/11 . although the fit was perfect it had a rip in so i exchanged the item for an identical item,checking for any rips i also asked the assistant would i be able to still get a refund if i found anything wrong with i was told yes as i had brought it before it went to sale and had receipt. got home and didnt take item out of the bag until i was gonna wear it last night.put it in an the fit was awful nothing like the fit on the other one which had been perfect.goes into shop today and was told i could not have refund as my receipt was 7 days over their 14 day refund policy!! they said i couldnt have a credit note but i can exchange it anytime i want even if it meant in 12 months !! i thought i should have a 28 day return right but was told no this shop doesnt work like that . when i asked to speak to someone higher with more authority i was told he was never there and doesnt deal with anything on this level!!! can someone tell me where i stand please ??? the item was only £15.00 in one of those branded clothes shops where everything is half the price of the high st stores !!!

    Reply
    • Stuart Halliday 21 August, 12:36 pm

      If the shop’s policy is 14 days, the why should you think it was 28 days? The Law states a ‘reasonable time’ and it is up to you and the shop to decide on this time period. If you didn’t negotiate, then the shop decides.

      As you didn’t inspect the replacement item, the fault is obviously with you.

      If you were given wrong or misleading advice, it is your word verses the shop assistant. Get these things in writing.

      You still have your full consumer rights of course.

      If you were offered an exchange, take it?

      Reply
  • Bradley 24 August, 2:33 pm

    Hi, my mate recently purchased a 24 month mobile phone contract from an Orange shop. They told him that 1gb of data allowance a month would be enough for his day to day usage. The following day he realised that the 1gb allowance would not be enough and that he was most likely to go over it. He went straight back to the shop and tried explaining the situation. He would ideally like to cancel the contract and go elsewhere as they do not offer a higher allowance on Internet usage. Where does he stand in terms of cancelling his contract? Any advice would be much appreciated. Thanks :)

    Reply
  • Gren 25 August, 11:08 pm

    I bought 7 rolls of wallpaper at Laura Ashley in their sale. As I paid for the wallpaper the shop assistant said that if I didn’t use any rolls of wallpaper as long as I hadn’t opened the roll that I could bring it back for a refund. I thought this was such a good deal that I bought an extra roll just in case. This was an early stage in my decoration and having stripped the wallpaper, painted the woodwork and finally put the paper up, best part of 3 months had gone by. I found I had one spare roll of wallpaper, so I took it back for the promised refund. When I got there they told me that the shop assistant had given me the wrong advice and that I should have read the back of the receipt which stated that I had to bring the roll back within 28 days to get a refund. Had she said this originally, there is no way I would have bought the extra roll, given the chance of stripping, painting and wallpapering within a month was nil. They offered me a gift voucher, but this would have a one month limit so I refused this and insisted they refund the money as they had originally promised they would. They refused. I took my complaint in writing to their complaints department who responded with exactly the same offer. I have tried to call them but they never return my calls. Does anyone know what the legal position is with this?

    Reply
  • Stuart Halliday 26 August, 2:20 pm

    Like any contract the person has a 7 day cool off period in which they can cancel the contract. This is the law.

    P.S.
    How can any 3rd party tell your mate 1GB is enough? It’s just not possible. In any case the phone company can be contacted and he can ask for extra bandwidth.

    I went from 500MB to 3GB a month with my contract. Dead cheap too.

    Reply
  • Stuart Halliday 26 August, 2:29 pm

    The law clearly states a ‘reasonable length of time’ before you can get an item refunded, repaired or replaced if it is _faulty_. The shop may extend this unclear amount or the shop and yourself can negotiage the time.

    You have NO RIGHTS by Law if you decide you don’t need an item after purchasing it and would like a refund. It was your ‘error’.

    However some shops do give a customer an extra right to do this and they will state what this time period is. Usually 7-28days.

    Didn’t you know this?

    3 months is far, far too long a ‘reasonable length of time’.

    Sadly you have no rights by law, I’d take the credit note.

    As they say, ignorance of the Law is no excuse. :)

    Reply
    • Gren 26 August, 6:43 pm

      My real angst about this is that the shop assistant told me I could get a refund if I had any unused paper – she didn’t put a time limit on this. I actually left the shop thought about this and went straight back in again to buy another roll because I thought this was such a good deal. So while it is now apparent that the shop assistant was talking rubbish, she did make a commitment on behalf of Laura Ashley that induced me to buy more wallpaper than I had originally intended. Laura Ashley are now refusing to meet that commitment and saying I shouldn’t have believed what their shop assistant told me, I should have read the small print. This feels like a pretty dreadful way to treat customers.

      Reply
  • Jen 28 August, 5:33 am

    Hi, I saw a wedding gown and veil that I liked at a certain store however the dress was dirty from the bottom. The store owner said that he would have it dry cleaned and that I could see it the next day, however he could not guarantee that the dress will be available…he told me that in order to hold the dress he would have to do a manual preauthorization and that when the dress is back from dry cleaning I can inspect it and then purchase it. Instead of doing a separate preauthorization and then doing a purchase for the veil he said he would combine them on one receipt but not charge me until i see the dress… There is also a terms of agreement on the receipt for brides to sign (stating they understand there are no refunds or exchanges and that bride is responsible for any damage done to the dress after leaving the store..and it says “by signing here you have read and agree with the terms and agreement”…i never signed it because i didn’t think i was making a purchase). The next day I went to the store to see the dress and then owner told me it wont be ready until 4-5 more days. I told him that is not what we agreed upon and that i am no longer interested in the dress. He was very rude and he said it doesn’t matter he already charged me and that there are no refunds and to look at the terms of agreement. I told him I didn’t sign it and that he shouldn’t have charged me for the dress. He tried to make me sign the terms of agreement but i refused. I called my credit card compnay and at the time i still only showed up as a preauthorization and then the next day he collected it…so they will do an investigation. Since I didn’t sign the terms of agreement and since the dress is not even ready in the store, shuoldn’t he have just refunded me the amount ( which he shouldn’t have even charged me for !)?Please advise

    Reply
  • Chris Phillips 2 September, 1:08 am

    We bought a set of basin/ vanity unit, WC and drawer unit from Bathroom City.com on 30 Sept 2010. We completed installation in November and used the bathroom for six months before my wife started noticing marks on the basin. They were in 4 locations and seem to indicate the ceramic is wearing thin.

    These were hard to see, at first, so we delayed until August to contact Customer Service. They asked for photographic evidence, which we provided. I emphasised that we only used washing-up liquid to clean the basin, NOT abrasive cleaner. Unfortunately the Customer Service rep is being advised thet the burden of proof is with the consumer, not retailer or manufacturer.

    This is a quote from the Sales & Marketing Assistant: “As these marks have appeared over time, and that the Glaze on these basins (as in all basins) is effectively an inert substance, it cannot react like this on it’s own without external environmental forces affecting it. To that end, we would, in my opinion, not withhold [does he mean 'uphold'?] a warranty claim as this does not appear to be a manufacturing fault of any kind that we have seen or experienced thus far.”

    So are we to understand that our handbasin is NOT expected to last more than 6 months? The previous sink was still pretty good after 37 years! Do we now need to obtain an expert’s view?

    Reply
    • Stuart Halliday 3 September, 11:52 am

      Yes.

      You should have reported any possible defeats right away of course.

      Either ask them to give you a signed report from an expert of the manufacturer (the person should give their qualifications on the written report) or hire an independent expert?

      If he said in writing “not withhold” then he seems to have indicated that the warranty is being honoured. :)

      Just because he hasn’t seen this type of fault before means nothing and you shouldn’t be guided by this statement. You have your consumer rights of course. Speak to your local trading standards officer.

      Reply
      • Chris Phillips 17 September, 10:37 am

        After 14 days I shook BCs cage again and they have come up with a deal. They take back the basin for the manufacturer to inspect. Out of the kindness of their hearts we pay £70 for a replacement basin and wait for the test results. We get the ‘deposit’ refunded IF they agree it is manufacturing fault. However there’s no mention of refunding our plumbing costs.

        Is this fair? Should I insist on contact with manufacturer (who may be in Turkey…?)

  • nyke 8 September, 10:17 pm

    hello, i purchase a shorts from primark and it didn’t fit me.So, i went back there and got exchange of it but when i went on to try it at home, it didn’t fit because i brought larger size by mistake. I know, it was my own mistake of getting not the right now but i was wondering if i will be able to get exchange again or not? I do have the receipt though.

    Reply
    • Stuart Halliday 10 September, 11:25 am

      I suggest you contact Primark and ask them what their policy is. Clothes often have to be tried on to see if they fit. But do it soon as often there is a time limit.

      Reply
  • Drew 16 September, 5:07 pm

    I purchased a replacement front and back cover from http://www.werepairiphones.co.uk on the 31/8/2011. Already both front and back have broken I have emailed them asking for a replacement or refund as the item has smashed after 14 days so under the sale of goods act the item I bought was not of satisfactory quality or fit for purpose, but they have replied saying that it was my fault and I have fitted the screens wrongly. Im a qualified electronics/mechanical technician and there really isnt much to replacing the screens as they are all help securely in place by screws. How can I get a replacement or a refund as the website is not co-operating. Is there any way I could take the matter to a higher level? small claims court or such? thankyou for your time.

    Drew.

    Reply
  • Ian Gray 19 September, 11:30 am

    Hi, I purchased a Samsung Galaxy S2 mobile phone (sim only – no contract), and 30 days after I purchased the phone – it became faulty. Phone keeps turning itself off or randomly rebooting itself. Carphone warehouse are refusing to refund my money as they say it is outside of their 28 day returns policy. I have stated they they are breaking the UK sale of goods act by refusing to refund on faulty goods but they refuse to refund. They say they have to send the phone off for repair. This is not acceptable to me as I am now serving overseas with the military and they only get the repaired phones sent back to the branch from which they are sent from. I am now in a situation where I have a £500 phone that is faulty 30 days after purchase and they are refusing to refund and the only other option they offer is not going to work for me as they cannot get the phone back to me ! Can you please let me know how I go about getting them to refund my money please. Thanks very much.

    Reply
  • Rachel 23 September, 7:29 am

    Hi i dont know how i stand but i bought a sofa from SCS and had it delivered OCT 2008 and last june 2010 i contacted guardsman as i had some damage on the sofa ripping in the middle panel and the left arm rest broken. Also on one of the chairs the coil springs had collapsed now after fighting with them to fix the sofa as were paying extra protection and them refusing to fix it and finally agreed too, after being in contact with trading standards. Its now Sept 2011 and the parts and the sofa are still not here or have not been fixed so over a year later am waiting. Then last night my husband sat on the chair last night with his coffee sat back and the chairs back just snapped off completely burning him. I am totally through with this biggest load of rubbish we purchased and wondered how i go and if i can just get a cash settlement? Please help

    Reply
  • Nicky 25 September, 5:35 pm

    Hi I bought a 3 seater and 2 seater electrical Lazyboy settees in November last year and noticed sparks coming from underneath the 2 seater on Friday. The company is sending an assessor out on Thursday next week but, as I now have no faith in the product as both settees are electrical and I am worried about the safety aspects as I have 2 young children , i would ideally like to get a full refund on both settees. Please can someone advise if i have a case at all to request a full refund and if so, how it is best to go about this? Thanks for your help, Nicky

    Reply
    • Stuart Halliday 25 September, 9:45 pm

      It is immaterial if you have ‘faith’ in them or not.

      They have to supply an item of merchandisable quality so it has to be within the latest UK safety standards.

      A reasonable length of time has past since you bought it, so you have to let them repair or replace the item if it is still within guarantee.

      Only if they can not do this, or take too long a time (decide in _writing_ before they take it away how long this repair time should take), can you ask for a refund.

      As you have had use out of it, they are entitled to only refund you a percentage if they so wish. Did you get a contract/receipt with terms and conditions on it? Maybe now is the time to read it?

      If you paid for it with a credit card or via a loan then you may have extra rights. :)

      Reply
  • James 5 October, 7:00 pm

    I went into the Post Office and asked for a £10 voucher for my Orange mobile.

    When I got home, I found they had given me an O2 voucher instead which is of course totally useless.

    When I returned after the weekend he said he wouldn’t give me my money back as I hadn’t come back the same day.

    What do I do to get my money back as this doesn’t seem fair?

    Thanks

    Reply
    • Stuart Halliday 5 October, 9:23 pm

      I would expect them to give you a credit note or a refund if the mistake was noticed within a reasonable length of time. The Sales of Goods act does state this.

      What this length of time should be is debatable however. Without an agreed length of time being agreed between the seller and the buyer then most people would say 7 days is a reasonable length of time.

      However it is likely the PO have a terms and conditions set of rules and perhaps using their services may be subject to you having suppose to have read them. But these can not break your consumer rights in the sales of Goods Act.

      I’m sure any small claims court would find 24 hours to be far too short a time to correct errors. Contact your local Trading Standards officer and ask them for advise.

      I’d ask the PO to see their terms and conditions first or via their web site and go from there.

      Reply
  • Nathan Smith 7 October, 4:47 pm

    I bought an office chair from B and M and after sitting on it for less than 15 mins the back to legs snapped in half. I took it back to the store within two weeks of purchasing it to be told that they were not satisfied in the way it had broke and blamed it on misuse. Despite the fact the product is clearly faulty. The store offered as a good will gesture a replacement chair but I stated that I wanted a refund. Can I demand a refund for the faulty product.

    Reply
    • trickygj 14 October, 9:07 am

      Nathan Smith

      Just to interject here. Under the Sales of Goods Act 1979 you do not have to do anything other than return it as not ‘satifactory quality’ or ‘fit for purpose’. It is for B&M to prove the damage is due to misuse within the first six months. After that time it would be for you to prove. I would take it back and tell them it is not fit for purpose etc. and under the SOGA 1979 you require a refund. They are in breach of our contract and so a refund in this case is correct if that is what you want.

      Reply
  • Stuart Halliday 9 October, 9:21 am

    You need to get an expert or ask them to get an expert in chair manufacture to give an expert opinion to tell if it is faulty.
    It is unlikely the people in the shop are chair experts.

    This is similar to previous stories on this web page. Please read them for further advice.

    Contact your local consumer advice board or trading standards, etc.

    Reply
  • rossana 10 October, 9:14 pm

    hi, i bought a sofa at harvey´s and they told me that the sofa would take aproximatly 7 weeks to get to me, after signing the contract i pay to them 40£, and now after 8 weeks im still waiting for the sofa, and on the website they have changed the dates 2 times, or the sofa was supposed to be at the delivery centre for distribution at 03/10 then 10/10 and now is at 17/10/2011, what happens is i have no sofa at home and this is causing me problems cause I really need it, so i need to know what can i do to cancel becouse they want me to pay 50% to cancel the item, and i want my 40£ back and i don´t want the sofa anymore and i think i don´t have to pay that, though it is on the contract that i signed trusting the seller words, what advise and right do i have?

    Reply
  • Stuart Halliday 10 October, 9:49 pm

    If your contract states the delivery time and conditions relating to its time to be delivered then you must stand by it.

    The Law assumes you have read the contract. So regarding ‘trusting the words of a salesman’, these are virtually worthless.

    So read the section on time and delivery and see if they have broken the contract.

    This is pretty standard in UK law and terms of business. You sign a contract and have to abide to it unless one side breaks it.

    Go to your local consumer rights office for further advise and contact the Trading standards office in your area if you feel they have broken the sales of goods act.

    Personally I would have added a section to the contract that allows me to break the contract if they do not deliver within a reasonable time.
    Remember contracts can be amended before you sign to suit both parties.

    Reply
  • Eddem 12 October, 3:38 pm

    I bought a custom spec and design computer from a company in Feb 2009 (Date paid for) – Date invoiced was mid March 2009 and date received was April 2009.

    I picked all the components to be fitted and was invoiced for a ZOTAC GTX295 Graphics card – Costing at the time £450 – Coming with 5 year warranty. (ZOTAC as a company extended all motherboard and graphics card warranties in Feb 2008).

    HOWEVER – My graphics card has just gone pop. Its dead after 2 years and 6 months of use.. The graphics card in my PC is a Gainward GTX295. NOT the ZOTAC I bought and paid for. There was no new invoice specifying that there would be an inferior warranty or a different branded card fitted. I have had no reason until now to check the company name on this graphics card. But to my dismay I believe the Gainward card is only valid for 2 years warranty.

    Where do I stand if I want to RMA this card? Where do I stand getting money back or getting a replacement?

    Kind regards,
    Eddem.

    Reply
    • Stuart Halliday 13 October, 8:59 pm

      You’ll have to prove that this Gainward graphic card was originally supplied by your Seller.

      Check your terms and conditions in your contract with the company.

      You should be covered by the Sales of good act section regarding a fault of your product being in there since day one. You have ~4 years to act on this IIRC. The guarantee or warranty length doesn’t apply here.

      But you’ll need to prove the ‘fault’ was there from day one. In this case the wrong component making up the complete product as listed in your invoice or contract.

      In this case they need to supply you with a working one as per your original requirements. It’s basically going to be down to your word or theirs unless you can find written proof.

      Bet you’re kicking yourself for not checking they’d supplied you with all the right parts aren’t you? :)

      Reply
  • Eddem 14 October, 9:17 am

    I have emails from them, from 2009 – Stating that during the build they had problems with the GTX295 graphics card they fitted overheating – But nothing stating the replacement card would have inferior warranty or a different brand name.

    Would that do???

    It clearly says ZOTAC on my invoice under my accounts page on their website. As its the obvious choice to have one with 5 year warranty than a 2 year one.

    Essentially they have failed to find a replacement that meets my specification and have failed to inform me of this.

    Reply
    • Stuart Halliday 14 October, 10:01 am

      This just indicates that they used a card not the brand you requested. You may have to prove you yourself didn’t swap the card for a different brand.

      Did they give you a list of items with serial numbers of each part?
      This would give the required proof.

      If they swapped the card during the initial build of the PC, then it would be reasonable to expect the same guarantee period of the replacement card should also apply as you specified a particular brand. Even if an equivalent hardware card had been fitted.

      Alternatively act dumb, take it back and say it’s faulty. If they tell you the card is broken, say – well the Zotac card will still be under guarantee surely?

      Like I said the extended rights of the sales of goods act due to an fault being there from the start probably can be applied in your case. It covers faults in purchases and lasts for ~4-6 years.

      Read up about it at this link: http://tinyurl.com/6a63l57

      I feel the ‘Fair Wear and Tear clause’ applies to you.

      The main problem you have is that you accepted the goods for 2 years without fully examining them to ensure they matched your requirements. The Law clearly states it is reasonable to expect the buyer to do so.

      Reply
      • Eddem 14 October, 10:28 am

        There is no serial number list for that definitive proof. Unfortunately.

        When I took delivery of the computer and started it up – You can go into a hardware summary tab. It shows you what hardware is installed.

        IE. Intel core i7 920 processor 2.66Ghz

        Nvidia GTX 295 1792mb

        Etc etc..

        Would never think to open the case up and try and look at a manufacturer logos etc. If I was that confident to remove/install parts and check what they are, I wouldn’t have paid a Professional company to build it for me.

      • Stuart Halliday 14 October, 10:48 am

        As a professional IT Computer builder myself it is usual practise to include the original boxes and paperwork of the original components that make up a complete PC especially if it is a high cost one.

        At the very least I’d fully document the brand, etc. of each part.

        Standard practise (I would have assumed).

  • Eddem 14 October, 11:06 am

    Thanks for the help Stuart. Its much appreciated. I will check my “Top Box” when I get home. However I know there was no box or booklet for the GTX295 and no driver disc either.

    The PC was sent for review at a company called Overclock3D. Which is why I got a discount when buying it.

    Review can be read here –

    http://www.overclock3d.net/reviews/systems/the_pco_group_intel_i7_gaming_pc/1

    Looking at the review – Pictures of the side of the case – You can actually make out the Gainward label on the Gfx card.. Proof they installed it. And on page 3 it also states Gainward next to the Gfx card description..

    Thank god for independent review companies who document everything so nicely.

    Perhaps next time I will pay you £1.4k to build it.

    Any opinion on this new info??

    Reply
    • Stuart Halliday 14 October, 11:23 am

      Looks like you’ve got some proof. :)

      Though what was the discount for? If it was ‘as seen and used’ then you may have inadvertently accepted it under a further condition. You’ll need to find out the condition of the discount.

      Reply
      • Eddem 14 October, 11:33 am

        The discount was because at the time the i7 was brand spankers on the market.

        They wanted a review of it to promote their company and the new i7 chip. Thus hopefully generating sales for Intel and themselves.

        It was explained to me that the deal would save me money and also save them money. Everyone wins?

        Original price £1650 – Discounted to £1550 – Further bartering to £1399.

        Terms and Conditions for any sale – As Standard. No further conditions were mentioned at any point. I retained all emails regarding their company.

  • Marc 15 October, 6:44 pm

    A company’s policy is there in order to protect the company. Most customers are totally deferential. They sheepishly walk away when a sales associate turns down their refund request with the time honored “its against company policy” response.
    Well, to hell with company policy, this is my policy:
    1) Pay for everything on your credit card.
    2) Be pleasant and objective with your refund request.
    3) If the sales associate refuses your request then politely ask to speak with the manager.
    4) If the manager refuses your refund request then take his name, smile sympathetically at him and wish him a good day.
    5)Call your credit card company and dispute the charge stating the actual facts and providing contact info.
    6) If your credit card company refuses the charge-back request then threaten to close your account with them.
    7) If all else fails then write the CEO and cc a few big company big-wigs, your local BB bureau and a really nasty NY legal firm.
    8) Still no results…. then stand outside the store, with a few of your mates if possible, with big catchy signs and hand out negative flyers. Do not obstruct anyone. Have a friend take pictures. Invite the local press. They’re always looking for a story.

    Reply
  • Eddem 15 October, 7:04 pm

    How long do I have to perform a Charge Back? I bet 2 years 6 months is a little late down the line.. :(

    I’ve emailed them again, tearing apart their mission statement and everything they “Claim” their company ensures it stands for. Given them 5 working days to reply (Friday the 21st at latest).

    Need to talk to CAB (Citizens Advice Bureau).
    Will report them to Trading Standards and The Office of Fair Trading.
    Will write an article for Overclock3D, the site who reviewed their product.
    Will contact Watchdog also.

    Just gonna throw whatever I can to put them under pressure. Next step after that is any legal action I can take.

    Going to make them listen. One way or another.

    Reply
  • Jade 19 October, 1:03 pm

    I purchased a fridge from Comet and the freezer box continually freezed up within a few days, meaning the freezer box door would not close within a week and require defrosting. Comet sent out someone who replaced the thermostat as they said it was faulty. This was two weeks ago, the problem started again within a few days. I would like to know what my rights are, can I ask for a refund or replacement? I know that they told me they have to fix it a few times before I can get a replacement when I called before. I’d like to know what my rights are before calling them again. I purchased it in May 2011 and it has been faulty since purchase. Thank you in advance.

    Reply
    • Stuart Halliday 19 October, 8:24 pm

      Like any device, if it becomes faulty they have to fix it or offer a suitable replacement or a refund if the first two can’t be done.

      If the item isn’t of “merchandise quality” then you can demand a refund.

      If you simply tell the shop that you feel the item and their attempt of repair isn’t of “merchandisable quality” then they should give you a refund or replacement if it is still within your initial ‘reasonable purchase time”.
      This time is usually only a few weeks from purchase time. So act quickly.

      The shop may have given you extra rights. Find out what they are. Remember, they can only extend your rights not replace or reduce them!

      Don’t listen to the ‘it needs several fixes before we can replace it’ type of advice. This is misleading as it would seem to be their policy rather than any thing to do with the Sales of good act.

      If they complain, contact Trading standards.

      You have allowed them to repair it and they’ve failed. So it is reasonable to ask them to replace it or refund it.

      Do it soon, looks like Comet is trying to find a buyer for itself. Never a good sign for consumers…

      Reply
      • Jade 20 October, 5:47 pm

        Thank you Stuart, I will contact them tomorrow to ask for a replacement or refund, using the information you offered. If that fails I will contact trading standards.

      • Jade 20 October, 6:00 pm

        I actually just phoned them and they said the problem has only been fixed twice and they will continue to fix it unless it is beyond uneconomically repair. I relayed the information you kindly offered in your post and they said they are acting within trading standards guidelines and have the right to repair it for an unlimited amount of times. I guess now on to trading standards.

      • Stuart Halliday 20 October, 10:12 pm

        Oh dear.
        They certainly can’t just decide to keep repairing it until they decide otherwise. You do have a say in the matter. They seem to be telling you their policy, not the Law.

        The Sales of Goods Act says this :

        “Section Chapter 54:14:2: Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.”

        Clearly a item that needs repeated repairing may not be of “satisfactory quality”.

        Basically is the item :

        “as described”

        “of satisfactory quality”

        “fit for purpose”

        Only if one of these statutory rights is breached (i.e. that the item is damaged, of poor quality or not fit for purpose) do they have to give you your money back.

        The only thing against you is that you’ve had it since May and yet you didn’t reject it sooner.

        We only have a ‘reasonable’ length of time (~a month or less) to review a purchased product and decide to reject or accept it.

        By allowing them to repair it and then keeping it for months, they could claim that you have accepted the goods and therefore you must allow them to further repair the goods.

        If after repeated attempted repairs they can’t repair it, then they have to replace it. If they then can’t replace it, they have to offer you your money back.

        However if the item is away a lot being repaired then you probably could claim a case of “significant inconvenience” and break the contract and get a refund.

        Read:
        http://www.legislation.gov.uk/ukpga/1979/54

  • julian robinson 23 October, 12:09 pm

    my partner and i recently purchased a second hand nintendo dsi second hand from a shop, we tried to return this product as it is not working as supposed to, i have already had one issue with the shop as was nearly sold an unworking dsi. The shop manager told me they would have to test the item but would not get a refund just store credit, my argunment is that i dont want another item from this shop as it may be like the last two items (not working correctly) is there anything we can do ? thanx julian

    Reply
  • Ken 25 October, 1:51 am

    On Oct 23, I ordered a bookcase from amazon and it is estimated to be shipped on Oct 26. On Oct 24, I realized I had ordered two bookcases and I requested to cancel one of my orders. Right after I sent my request, I was told that my orders have been shipped 2 days before the estimated date and they refused to pay me back the shipping fee. Is it legal to surprise me like this? Can I have my money back?
    Thank you for your help.

    Reply
    • Stuart Halliday 25 October, 9:48 pm

      Under the ‘Consumer Protection (Distance Selling) Regulations 2000′ act in the UK, you are entitled to 7 days of evaluation of the goods and entitled to a full refund if you do not want the goods.

      That includes the delivery fee.

      So email or fax them asap quoting the act name. Then return one of them and demand a full refund under this act.

      Look it up. :)

      http://www.out-law.com/page-430

      or

      http://www.legislation.gov.uk/uksi/2000/2334/pdfs/uksi_20002334_en.pdf

      P.S.
      I assume it isn’t actually Amazon as they don’t sell furniture. Maybe a 3rd part associate of Amazon?
      So make sure you contact the correct party. :)

      Reply
  • Pam Fenner 29 October, 11:37 am

    I have recently bought some laminate flooring from Carpet Express and paid for it in advance. The shop delivered and was going to fit it on the Saturday however when the joiner turned up with flooring it was the wrong one. I rang the shop who said that they would order the correct flooring but I asked the shop for a refund and they have refused saying that because they can deliver the goods although not on the agreed date that was within their rights. Is this correct can I not get a refund ?

    Reply
    • Stuart Halliday 29 October, 8:11 pm

      If the goods were specifically made for you then yes, you can not get a refund unless the product is faulty, etc.

      Did your contract with them specify a particular install date? If so and they broke that, then you can claim a refund as the contract is broken. Verbal agreements don’t count.

      Remember contracts can be amended by both parties, not just the seller. So make sure you read it.

      By paying in advance you may have accepted the goods…

      Why, oh why do people pay 100% in advance…

      Reply
  • danny wright 31 October, 8:30 pm

    i have bought a second hand xbox from CEX high street store. unbeknowing to me, the controllers you use to play with the console requires either batterys or a power pack and a lead to work. When wanting to buy this item, i assumed that it was a case of taking it home and plug in and play. at no point was i aware of this fact before or during sale. the sales lady did not tell me about this either. i never realised that i would have to incure more cost before using this item. i asked for a refund 5 hours after buying it, they would only provide a credit note. this is no use to me as i rearly buy electrical goods. whilst in store, i left the item there, refusing to take it with me as it is of no use to me. can you please advice.

    Reply
  • Stuart Halliday 31 October, 10:04 pm

    Second hand goods sold by a business are given the same equal rights as if the item was new. The only thing different is that the seller must point out defects or omissions to you.

    Basically it’s a case of accepting the item as seen and understanding the terms and conditions that the seller has applied to the item at the point of sale.
    The onus is for you to ask about these things as paying the seller may be deemed as an acceptance of a binding contract.

    If the seller didn’t tell you it had missing parts that would normally have been included if it was new. Then you can claim a refund. However if the item is usually sold new with no batteries or cable then this is not the sellers fault.

    You returned the good well within a reasonable time, so you should be entitled to get a refund as is your right if it has missing parts. Just tell them the goods are not of “merchandise quality and not fit for purpose”.

    If they refuse, contact your local trading standards officer.

    Don’t be put off by the excuse it was “second hand”.

    In future, ask more basic questions (especially when buying 2nd hand in a shop) like “Is this item fully working?”, “Is it complete as if new?” and “What kind of warranty or guarantee is it under?”.

    Above all, in *all* cases (new or 2nd hand), always tell the seller what you want to use it for and ask if it can do this as supplied or will you need extras.

    Then if it doesn’t you can simply claim “not fit for purpose” and get a refund.

    Reply
  • Charlie P 10 November, 12:34 pm

    I recently brought a fancy dress wig from an online shop, the wig was damaged and in very poor condition. I phoned the shop but they said they wont refund the wig due to personal hygiene reasons. the wig has not been worn and was damaged when it arrived so surely i can send this back?

    Reply
    • Stuart Halliday 13 November, 10:59 am

      Under the ‘long distance’ (Distance Selling Regulations) sales of good act you have 7 days to examine and decide if you wish to keep it.

      If you have contacted the firm within that time, they have by law to take the item back and refund the delivery charge too.

      Only services, made to measure goods or perishable are exempt.

      Go to it. :)

      Reply
  • Rachel 12 November, 9:28 pm

    Hi,

    I bought a laptop from argos on 26/9/2011 and over the past week or so it keeps giving me an error (BSOD) which I have tried to fix and have tried everything but it still keeps occurring.

    I have been told that this should not be occurring at this early stage (I’ve only had the laptop 6 weeks and it was super expensive). Can I demand a refund for the lap top not being fit for purpose?

    I know argos will suggest that they return it to sony to get it fixed but I need my laptop now as I have a dissertation and a final year project to write for uni and I can’t afford not to have a laptop for 21 days whilst they repair. I would ideally like a replacement but if not can I demand a complete refund?

    Thanks so much for any help, I’m tearing my hair out right now as I’ve tried everything to fix it myself.

    Reply
    • Stuart Halliday 13 November, 10:51 am

      Unless Argos have given you extra rights, then no. You have to let them repair it first. Only if they can not repair it within a reasonable time can they offer you a credit note, replacement or refund.

      Unless you can prove the item is ‘not fit for purpose’ or not ‘merchandise quality’ can you demand a refund.

      Things go faulty. It’s a matter of fact that new items (computers more so) are more likely to go faulty in the first 3 months than at any other time. So you really should be planning for this contingency.

      Why not visit your local library or school to use their computers?

      Reply
  • Mathias 18 November, 1:57 am

    I bought an iPhone 4 in norway, and right before the warranty ran out, I handed it in because the home button broke and I got 90 days extended warranty. After 2 months with the new phone they gave me, the screen cracked (only one big crack over the entire screen, I spoke with apple and they told me to bring it to the closest retail store so they could take a look on it) since it’s the second time the product break, is it possible to trade it to an iPhone 4s or get the money back and buy a iPhone 4s?

    Reply
    • Stuart Halliday 22 November, 6:53 pm

      Cheeky.
      You have to accept a repair or the same model replacement as they see fit. Only if they can’t do this, do they have to offer you your money back or an equivalent model.

      But see the terms of your “90 days extended warranty”. I bet they’ve got specific clauses in it to stop people trying to use it to “trade up”.

      :)

      Reply
  • Chris Wheeler 19 November, 1:17 pm

    My wife purchased a Sony laptop computer in Dec 2008 from PC World. Recently the battery charger packed up and the computer cannot be used.I went with my wife to the branch of PC World where it was purchased. There I was told by the manager that they would not replace the charger although they said it was not working. I was told that I had to prove that it had not been damaged by a power surge( It was always plugged into a surge protected socket)or some other elctrical malfunction.Is this correct ? or can I say that it is not fit for purpose.

    Reply
    • Stuart Halliday 22 November, 6:47 pm

      So it’s out of guarantee?

      Unless you bought one of their insurance policies, then you’re out of luck unless you can prove it has been faulty right from the day of purchase then you have 5 years to claim on it to get it repaired.

      But you’ll need a Sony qualified engineer to examine and prove it is indeed faulty due to a manufacturer faulty.

      Probably not worth it – You can buy a good quality £35 laptop charger from any Maplin electronic shop in your area.

      Don’t buy one under £20 from a unknown source. These are usually fakes and dangerous to use.

      Reply
  • Nichola 21 November, 2:49 pm

    I bought a washing machine from Comet almost 3 years ago, so the warranty has expired. It does not spin after the final rinse unless I select a spin after the programme has ended. And today when I tried to clean the filter I could not get it out and it has broken. This machine is obviously not fit for purpose. But it is 3 years old. Am I still entitled to ask for something to be done about it?

    Reply
    • Stuart Halliday 22 November, 6:42 pm

      How is it not fit for purpose?
      You had it 3 years and were using it during that time?

      You still have the right to get an item fixed within 5 years if you can prove it has been faulty right from the day of purchase.

      With Comet about to go out of business, good luck.

      Reply
  • Charlie 22 November, 10:59 am

    I purchased 3 items from a fancy dress shop online and only recieved 2. I was charged for 2 lots of postage and packing so i expected another parcel, but it never came! the invoice in the first parcel included all 3 items but only really contained 2. I’ve called and emailed the company countless times but never get through. What else can i do? they simply wont answer there emails or phone calls!

    Reply
    • Stuart Halliday 23 November, 10:32 pm

      Find out their postal address, then find out the local Trading Standards office in their area.
      Ask them if this shop is reputable?
      Ask them for a alternative phone number?

      Remember you have 7 days to reject the items and get a full refund due to the long distance’ (Distance Selling Regulations) sales of good act.

      Try faxing them?

      Reply
  • jena 26 November, 3:12 pm

    i brought some jeans and when i got them home the zip was broken. i took them bck the next day i took them back and said they couldnt give a refund only a credit note or exchange. can they do that or because its faulty am i entitled to a refund?
    also if i excepted the credit note can i go back and talk to the manager that wasnt there that day?

    Reply
    • Stuart Halliday 28 November, 8:32 am

      Under the sales of goods act if the product is faulty you have a reasonable length of time to return the goods and expect a repair or replacement.

      You do NOT have an automatic right under law to a refund (unless you order via the phone or Internet in that case you do for up to 7 days of receiving the goods).

      Only if the seller can not repair or replace the item can you demand and expect to get a refund.

      And then only if the item is as sold can you expect a full refund.

      Regarding the manager, sure you can talk to the manager. Why not.

      Reply
  • stefan 29 November, 9:49 am

    i had bought a phone last year, the phone has 2 years waranty from manufacter, since then i had to take it back to store 3 timesn in the
    last 2 months on the same isuue because they didn’t fixit properly.
    can i ask for a refund? or what can i do?
    kind regards!

    Reply
  • Pat Sawicki 30 November, 1:12 pm

    I bought 2×2 seater sofas in August 2011, in the past month, one side of the sofa has gone flat that particular area is only used 2/3 times per week when we have visitors.
    I have contacted the shop where I bought it new, and I am still waiting for their call back.
    Can you please tell me where I stand.

    Reply
  • jo oliver 30 November, 4:10 pm

    I bought a wii game in july for my sons birthday in November, one of the parts (a sensor) is not working the shop I bought it from and the manufacturer will not take it back as there is a 90 day warranty – is there any way around this is the item is faulty and cannot be used at all without the sensor?

    Reply
  • kas 3 December, 12:51 pm

    hi i am a retailer. A customer bought 2 dresses instore yesterday. This morning he comes back asking for a refund. Our returns policy by the till clearly states we dont offer refunds, we do exchanges within 14 days and credit note thereafter. He claims he doesnt care and it states that on our online store it says you can return within 7 days (cooling off period). i tried to explain that is a different policy and that since he bought the items instore he is subject to the instore policy. he took my details and the head office and threatened to take legal action? who is in the right here? and what do i say if he comes back?

    Reply
    • Stuart Halliday 5 December, 11:27 am

      Doesn’t matter what you state in-store, the sales of goods act still applies. You can not reduce a customers rights.

      If a customer/buyer gets faulty goods you are expected by law to offer a refund if the customer makes you aware of the problem within a ‘reasonable time’.

      (The retailer is also entitled to optionally issue a partial refund if there is a real cost to them in bringing it back into the store and put it back into resalable condition.)

      Note, however, that the right to reject goods and get a refund only lasts for a relatively short time after which a buyer is deemed to have ‘accepted’ goods. This doesn’t mean that the buyer has no legal redress against the seller, just that he/she isn’t entitled to a full refund.

      What is a ‘reasonable time’? That is decided at the point of sale by the buyer and the retailer. This time limit is set by either party. Commonly set by the retailer. But doesn’t have to.
      Usually 7 days is considered reasonable by the courts.
      But you’ve stated your policy is 14 days. Some stores state 28 days. Each can make up their own time limit.

      The customer can only officially reject goods if they are NOT :
      As described, Satisfactory quality or Fit for purpose.

      After this reasonable time, a buyer is first and foremost entitled to have the goods repaired or replaced. If these remedies are inappropriate, then the buyer is entitled to a suitable price reduction, or to return the goods and get a refund (reduced to take account of any wear and tear).

      If the seller can not offer replacement or repair then the customer is by law entitled to a refund (subject to the above).

      Yes you were right, if a customer submits an order via the web site that is a long distance sale and the 7 days comes into effect and the buyer can get a full refund (inc. P+P charged) for whatever reason. But not if the customer buys in store.

      BTW as a retailer, surely you have a copy of the sales of goods act in the shop and have read it…?

      You can of course contact your local Trading Standards office and ask them for advice.

      Reply
      • kas 5 December, 12:08 pm

        hi stuart

        the goods werent faulty he simply changed his mind. So basically we were right to reject his claim to a refund?

  • Norberto 5 December, 1:18 pm

    On the 12 November 2011 I have visited the site http://www.aerialshack.com/ to buy a satellite dish. The search showed that the product was available and ready to deliver. I paid around 50 £ by debit card. Site says next day delivery. After 1 week with no delivery and no contact from enterprise I decided to write email. The answer only came after 2 insistent emails. The answer was that the product is not available. After several attempts by email and recorded letter to recover my money I have not received my money back nor did the enterprise made any further contact. What they do is quite simple: they take maybe hundreds of orders for products they do not have and keep your money. Just imagine 1000 x 50£. They are real robbers online!

    Reply
    • Stuart Halliday 6 December, 11:28 pm

      I trust you’ve informed the police and trading standards office?

      I personally wouldn’t have waited a week to get back to them. With next day delivery they should/may give you a ID number to track the order.

      I trust you did phone them to see if it was in stock first as it says on their web site?

      I try to use Paypal if it’s under £100 as you’ll get payment protection. Over £100 try to use a credit card as that is protected too.

      I usually check a web site to see it they have a non-mobile phone number, and check their address using Google Maps. Then I do a web search to see if anyone else has a comment to make about a site.

      Lastly I give them a phone and ask them a few questions.

      If I was nervous I’d phone the sellers local trading standards office to see if they have had any complains about that seller.
      The officer will probably had given all shops in his area a friendly visit at some point.

      Reply
  • Helen Gabbott 5 December, 11:21 pm

    I bought a watch for my husband on the 9th December 2010, whilst it is a motion movement watch it does not keep the time or date in fact. The watch has already been sent off to the manufacturers within a month of being purchased(the watch being missing for approx 12 weeks is frustrating enough). The watach has since been returned and is still as bad as ever, my husband has since been into the shop to be told he isn’t winding it up often enough. I then went back into the shop and spoke to another member of staff who was covering from another shop to be told my husband needs to wind it up 30 times every morning, this did seem ridiculous however I took the fob off and my husband tried again. Guess what it’s 3 days out and is 40 minutes later than the time. Frustrated we took it back into the shop to be told it will have to be sent to the manufacturer, we have had enough. Are we entitled to our money back? Many Thanks.

    Reply
    • Stuart Halliday 6 December, 11:19 pm

      Sounds to me that you’ve given them ample opportunely to repair or replace the watch.

      Ask for a refund as the item isn’t “As described, Satisfactory quality or Fit for purpose.”

      If they refuse, tell them you will speak to your local trading standard office to make a complaint.

      Reply
  • Laura 7 December, 7:47 am

    Hi!
    I purchased a pair of rain boots as a Christmas present for my best friend for $69.99 plus $16.98 S&H at dllrainwear.com… I placed my order on November 20, 2011.
    On December 1, 2011 the item was delivery at my door when I opened the packeage first thing I notices was the damage shoe box it was all beat up, them after removing the tissue paper I was looking at a very vissible used pair of rain boots with dirt evrywhere I was pissed anyways I was sure this product needs to be return right away minutes later I decide to try it on to see how they fit when I discovered they send me the wrong size I ordered a size 9 but they send me a size 8 ( shoe box read size 9).
    So I emailed the company right away requesting for a refund of $69.99 plus S&H I apso request for them to paid shipping label to return back the product in my email I was very specific not wanting an exchage for the right size I just want my money back also I let them know I dont want to do busines with them, problably I was a little rude on my email anyways the problem is no body from the company has contacted me about this matter my return request still pending I hava contact them trought a phone number listed on my invoice receipt but is just an answering machine I have left them 2 voice mail already and nothing its been a week and I dont know what to do since I dont have a return address and I also need an authorizaion number for the itsm to go back.
    Do you think I should call my credit card company and tell them about the situation?
    Hope to hear from you soon!
    Laura

    Reply
  • Tony 8 December, 7:58 pm

    Hi

    My partner bought me a Android Tablet from http://www.currys.co.uk as my surprise Christmas Present. This is an electrical good.

    However, the packaging was damaged, torn and dirty. There was dust inside the box and the seals stating “Do not accept if broken” were of course broken. This was not apparent signing on collection.

    The Curry’s Website collect and replace service will take too long for Christmas (We will be out of the country). However, Curry’s Online state that the Curry’s Store will not accept the return.

    Is there a reason that a Electrical Store cannot accept the Returns of their Online Retailer?

    Reply
    • Stuart Halliday 16 December, 11:08 am

      I can’t think of one, unless they are actually two separate companies.
      But this is their problem, not yours.

      You have the ‘long distance selling act’ to rely on. Send it back or hand it back to the shop asap (within 7 days of receipt).

      Read up on the ‘long distance selling act’. You have the right to reject the goods for any reason.
      :)

      Reply
  • dannimaz 13 December, 4:15 pm

    I have recently purchased a diamond ring which i paid £600 for from a pawnbroker, it was a perfect fit and was bought as my engagement ring. I have had this now for roughly 5 months just under and one of the stones has simply fallen out. You can tell it has fallen out as the other stones are all intact and there is a perfect square were it is missing no cracks or anything. Were do i stand with this does anybody no?? Im absolutely gutted and so is my partner.

    Reply
  • maz dannoirah 13 December, 8:40 pm

    I bought a suit from m and s, wore it once and noticed a fault with the trousers. When I took the suit back, they didn’t have another pair of trousers for an Exchange so I asked for my money back for the trousers and jacket (the jacket is no use without the trousers). They refused to refund for the jacket despite admitting the fault with the trousers. I don’t see how they can say that given the only reason I bought the jacket because the trousers went with them. Surely in terms of a breach of contract the jacket is a consequential loss from the faulty trousers?!

    Reply
    • Stuart Halliday 16 December, 11:24 am

      If the suit was sold together as a co-joined item then yes you are entitled to a fault-free pair.

      If the jacket is sold in the shop as a separate item then you need to show proof that you bought it and the trousers together as a suit.

      The receipt should show that the items were one. If they are listed separately then you’ll need to prove that they only go together.

      Ideally in this case, if the two items are available separately you should have stated that the items were bought with the intention to using them together as one item.
      Get it marked and signed by a staff member on the receipt as proof.
      I know it’s pedantic, but that’s the Law.

      If the two items were sold as one item, you’ll need to return the jacket and the trousers as one item and get them both replaced.

      If they were sold as separates and you decided to use them together then that was your decision, not the shops. You should be able to get a fault free pair of trousers replacement of course.

      Reply
  • david 15 December, 2:02 pm

    Hi i broght a 2nd hand playstation 3 from a local computer shop 5 weeks ago i got back home to find its not workin i took bak to shop they said they would repair in 2 days they have still got ps3 after 4 weeks and wont give me a refund i feel like smashin the shop up but i no i cant can any 1 help me.

    Reply
    • Stuart Halliday 16 December, 11:12 am

      If it was sold as second hand then your rights are diminished. But if the shop have given you any kind of warranty then they need to up-hold that.

      If the goods are not repaired within a reasonable length of time, then you have a right to a replacement. If they can’t do that, then perhaps a credit note or refund.

      4 weeks is starting to get a bit long IMHO.
      Surely they’ve given you a reason why so long a wait?

      Speak to the local trading standards office and explain it to them and be advised.

      Be calm and you’ll get a lot further than being angry. :)

      Reply
  • Tamzin 19 December, 9:42 pm

    Hello there,

    I recently took my engagement ring into a local jewellers to have it fixed as it had bent and lsened the setting whilst we were moving house. I was told that as it is an anique ring it would need a whole new setting and they would be able to send it away for this. I reluctantly agreed as the shoulders of the ring are very worn. I asked if they could do a colour match as my original ring is the same antique gold colour as my wedding ring and i was told they would do best match.

    I went in to collect my ring on Saturday and I was devastated with the result. The ring they have made is completely different to what I expected; way too thick and a completely different colour. I was heartbroken and promptly burst into tears, at which point the manager told me to ‘get things in perspective’.The store then said they would make it thinner but if I wanted any extra work done on it I would have to pay more. I had to leave the store to compose myself.

    After discussing what we wanted to do over the weekend, my husband went in to the jewellers to ask for my stone and original ring back. I was so upset with the manager’s treatment of me I really wanted to take my business elsewhere. Now he won’t release either my stone or original ring unless we pay him £175, which I am loathe to pay for poor service and a shoddy job.

    What can I do? Can I get my original ring back?

    Reply
    • Stuart Halliday 21 December, 10:27 am

      As paying for a custom service you have every right to expect your instructions to be carried out.

      If the results are not to your satisfaction you are entitled to your property back. But as your ring has been modified it may not be possible to get the ‘original’ ring back. So you’re looking at damage compensation and you may have to pay for materials used, time, etc.

      I presume you have a detailed picture of the ring taken before it was modified and some written instructions by the shop or yourself on what was suppose to have happened? This will help prove your case.

      Reply
  • Mel 22 December, 11:32 pm

    Please help, I bought a pair of shoes for my daughter as a Christmas present approximately 2 weeks ago from Tesco, when I went to wrap them up tonight I noticed that the flower on 1 of the shoes is damaged and the insole in the other is loose, I don’t have the receipt, but all the tags are still on them and they clearly haven’t been worn, they were in the sale. Can I get a refund or exchange? I don’t mind having to get a different style or having to pay more towards another pair, but I do not want her to have a damaged pair of shoes.
    Thanks Mel.

    Reply
    • Stuart Halliday 24 December, 1:41 pm

      You HAVE to have proof of purchase.

      For all the shop knows the original buyer may have given the items to you, the price may have gone up or you may have even stolen them.

      Having said that, the proof of purchase can be in many forms.
      If you paid via credit or direct debit card, show them the card statement. That can be proof of purchase.

      If you used a Tesco loyalty card then they’ll have a record and therefore proof of purchase.

      Using just cash to buy goods now-a-days is risky if you lose receipts. You have much better covered using a card of some kind.

      Reply
  • TC 23 December, 12:00 am

    I have bought shoes. The store have a no returns (exchange only) policy. I have since found the shoes are being sold in their other stores AND online for £40 less.

    Is there any way I can legitimately get this difference in cost refunded?

    Reply
    • Stuart Halliday 24 December, 1:35 pm

      No shop can legally have a “No refunds” policy. Unless it is a refund policy stating that the refund is because the customer has simply changed their mind.

      You have the standard sales of good rights of the shoes as any other new product.

      Just because you could have bought the items elsewhere for less isn’t an legal excuse to return the items. The Sales of Goods act is for the protection for the retailer as well as the customer.

      So no, you can not legitimately the difference in price from the seller (unless they state they have a price matching policy of course).

      Put it down to a hasty buy…? :)

      Reply
  • James Wild 23 December, 3:21 pm

    Hi,

    I bought a sodastream as an early christmas gift for my sister on the 21st december, which she used once and has since decided that she has no real need for. Understanding her position, I did a little research and found that Sodastream offer a 30 day money back guarantee if for any reason you don’t like the product. I bought the item from Tescos and emailed sodastream to be told that if I return it there they will be able to refund me the whole cost of item, despite having used it. Do you reckon tescos will actually allow me to return it?

    Reply
    • Stuart Halliday 24 December, 1:31 pm

      Show Tesco the printed email.

      Tesco of course don’t have to refund the item just because a customer changes their mind. But if Sodastream says in writing that they will honour the refund if you return it to Tesco then do this.

      You can always send it off directly to Sodastream I suppose with a copy of the Tesco receipt as proof of purchase. (Never send off the original).

      Reply
  • James Brooks 23 December, 7:03 pm

    Hi I recently bought a Vespa LX50 2 stroke. I went out on it just to get used to it and it immediately started jalting back at forth which resulted in me losing control. i think this is a fault which is putting me in danger, what do you think i can do ?

    P.S they did not let me even test drive it, it had the MOT missing but they found a photocopy and they said they were going to do another MOT but they did not fill it in the log book, which makes me think they did not do it.

    Thanks

    Reply
  • Stuart Halliday 24 December, 1:27 pm

    They didn’t let you test it, you didn’t get a real MOT certificate and yet you still bought it????

    Take it back man and in future don’t be conned. :)

    Reply
  • Stuart Halliday 24 December, 1:44 pm

    Lastly can I just say it’s been annoying that no one in the last 12 months has bothered to thank me for providing free advice for their complaints.

    Gee guys just a simply reply is all it takes. :(

    Reply
  • mel 24 December, 4:43 pm

    Hi, thank you for your reply, I took the shoes back to tesco, thought I’d try anyway, you never know. As it turns out they did change the shoes for me, and luckily they still had the same style in. Either I just had a very nice customer services lady (unless she was stressed with it being a busy christmas eve) or tesco value their rep, either way I will have a smiley happy little girl tomorrow with nice pretty new shoes!! :)
    Thank you again, and have a very merry christmas and a happy new year.
    Regards.
    Mel.

    Reply
  • michael 24 December, 4:59 pm

    Dear Stuart,

    your column is an absolute gem. Your advice is impartial, totally fair and unbiased (if sometimes perhaps a litlle blunt- haha!) and overall a right rivetting read.

    I’m sure i’m not alone in wishing you a very merry christmas and look forward to reading your fantastic help to customers in 2012.

    KRs

    Michael

    Reply
  • Adla Toal 25 December, 7:04 pm

    Hi my boyfriend has bought me a bra and knicker
    Set from agent provocateut in Glasgow and
    was advised that they do not do refunds Only
    Only exchanges is there anyway I can get
    A refund? I have had a set from here before
    And broke out into a rash as was allergic
    to the materials used. My boyfriend was
    Unaware of this. Pls reply via email.

    Reply
    • Stuart Halliday 26 December, 10:50 pm

      If you haven’t opened the pack and still have the receipt, take it back and get at least an exchange or credit note as is your right.

      Most shops at this time will do this.

      If the package is opened, then you may be seen to have ‘accepted the goods’. Then the shop only has to offer a replacement or alternative if the item is faulty.

      No shop *has* to give refunds if there is nothing wrong with the goods. But this sounds like a right Scrooge of a shop if they are not doing this over Christmas as most do.

      You could try to argue that they are not fit for purpose due to your allergy. But they could argue it is not the shops fault that your boyfriend made this mistake. Which is true.

      Try to speak to the manager and explain in a calm voice as that will work wonders over shouting or demanding action.

      You could consider taking your business elsewhere. But tell the manager of the shop calmly and sincerely you’ll be taking your money elsewhere and you’ll be telling your female friends.

      When I buy items, I always state what I’m going to be using it for and ask them what their returns policy is. If the shop doesn’t know, they can’t advise their customers correctly.

      Reply
  • Lisa 26 December, 5:35 pm

    Hi, I was wondering I recently took my child to buy some school shoes. We had her measured in the store and she choose some she liked. The assistant checked the fit and told us they seemed fine. we bought them and let her wear them home, she has worn them for a week at school and is now refusing to wear them as she says they hurt her feet.She does seem to have a few blisters from them. I have tried to take them back for a refund but the shop insist they are not faulty and wont give me my money back. Can they do this?

    Reply
    • Stuart Halliday 26 December, 10:36 pm

      If you accepted the goods where correctly measured and fit for purpose at the point of sale, then yes.

      Most people get blisters when we wear new shoes. (Mainly at the heel).

      However, you could always get a second opinion from a qualified shoe fitter to over turn the first opinion as you are entitled to get an expert opinion. Don’t assume the assistant was an expert. Ask to see proof.

      Also you have to allow the shop to give you a replacement or alternative before a refund. Unless they state extra terms and conditions at a sale. They can expand your rights, they can’t reduce them.

      Let us know how you get on.

      :)

      Reply
  • Chris Phillips 28 December, 8:55 pm

    Stuart we love you and your excellent FREE advice. Please have a Happy New Year. Let’s hope we all learn from each other’s mistakes!

    Reply
  • michael 28 December, 9:57 pm

    Hi Stuart,

    well after my feedback to you the other day, ‘your column is an absolute gem…’ I now find myself in need of your help (be as blunt as you will- haha!).

    Briefly I agreed to pay a reputable national car company a £500 deposit on a credit card for a used car i found on their web-site, on the verbal understanding that i could have a refund if for any reason the car was not as expected (including as an example if my wife did not like the colour). likewise if they did not like my vehicle in part-exchange (we’ve only spoken on the telephone after my email enquiry), they could pull out too.

    S#d’s law my wife did not like the colour, so contacted the sales guy. He sounds honourable and says he’ll arrange a refund, however just wanted to be armed with knowing if i have any rights if they do not honour the 2 way verbal undertaking.

    I’d appreciate your advice and will definitely update you in due course,

    Many thanks Stuart in advance,

    Reply
    • Stuart Halliday 29 December, 9:53 am

      Thanks for the kind comments. :)

      As you paid via a credit card you’ll be well protected as long as it’s sorted within the time period for disputes as set out by your credit card company. It’s likely to be 2 months. But check this if the car company decides to ‘take its time’ in giving a refund.

      Verbal exchanges are not worth anything. In Scotland, they have to be witnessed by two other people. In England I think it’s one witness. But over the telephone, it’s worthless in either country.

      The company can always claim the salesman went beyond his responsibly and wave their terms and conditions at you and blame you for not reading them.

      To protect yourself over the telephone, you can of course record the conversation. But you must get the other person’s permission first. Then you need to get them to identify themselves, date and ask them if they have responsibly to authorise this.
      Tedious, but necessary if you want to protect yourself over the telephone.

      There is a telephone service you can ring up that does this recording for you and sends you the recording. http://rectel.co.uk/ springs to mind.

      Faxes are legally binding, emails are not.
      So back up statements made by sending them a Fax and ending it by asking them to acknowledge it and fax a receipt back. Set your Fax machine (Libraries have them if you’ve not got one) to print out a record/sent log.

      This’ll not stop a rogue company of course. But for that you have the credit card company’s protection policy and the fact is was over £100.
      Just don’t let the refund period drag on is my warning. Ask how long this will take and if it doesn’t happen, act. :)

      Reply
  • Smartermind 29 December, 1:43 am

    “Catriona says:
    November 19, 2008 at 1:03 am
    Thelma, When buying something in a shop you are entering into a legally binding contract of sale”

    This is true, but it works both ways. If the customer simply changes their mind say because they don’t like the colour then they are dependent on the goodwill of the retailer. However if the reason for returning the product is because it is not fit for purpose or not or merchantable quality then the customer is legally entitled to a full refund. In this case the reason for return is because the handle to the saucepan gets hot in use then it can be argued that it is not fit for purpose and is not of merchantable quality. For a saucepan to be used safely the handle should stay cool and safe to hold. The retailer should have given the customer a full refund and a voucher (no matter how long the validity period) is not acceptable and is a breach of the customer’s legal rights.

    Reply
    • Stuart Halliday 29 December, 10:00 pm

      All saucepans handles can be expected to heat up enough to burn flesh. It just depends how long they take!

      But some saucepans are made entirely of metal, even the handle. So these types will have a handle that heats up very quickly until it is too hot to touch with bare skin. You’re expected to to know this… :)

      If the saucepan she bought is one of these types, then it could be argued that the customer bought it in ignorance of the laws of physics and thus was not the shops fault. (Or the insulation was faulty of course).

      It’s a difficult area, if a customer in a shop doesn’t ask questions, then the shop can’t be expected to tell the customer possible scenarios that could happen during it’s use.

      I remember overhearing a customer trying to return a gadget he had bought in error to a shop manager. He had not asked the assistant at point of sale if the device was suitable for his purpose.

      If he had, he would have been told it wasn’t. But he didn’t and now wanted a refund due to his error.

      The customer was being loud and verging on rude so naturally the manager felt unwilling to help him. (People often make the fatal mistake that shouting or being rude will get them somewhere. Make a note – It doesn’t.)

      These days, I am amazed constantly at the level of ignorance that people have for even very low tech devices. People are often unwilling to learn and there is no one teaching people how to use modern equipment and the manufacturers are often to blame first as they assume the end-customer knows how to use it correctly.

      A few years ago a lady went into a drive-thru coffee place in USA and was given a vending cup (with lid) of coffee. She placed it between her knees and to her it seemed defective of the seller not to tell her it would compact and spill its very hot contents all over her legs burning her.

      The result – law suits, damages and now every vending cup in the world has warning messages about what any other sane person would know as – common sense.

      I have to smile when I pick up a carton of milk nowadays to read on the side – “warning allergy advice – contains milk.”

      Madness. :)

      Reply
  • michelle 29 December, 9:52 pm

    hi, i got given a baby monitor as a gift for my newborn baby. my baby is now 2 months old and i have now thought about using the monitor as hes going to be going into his own room. i opened the box and found that its faulty and dosent work. my husband went back to the shop today with it and they gave him 1/ 2 the money back on a giftcard.the full price was £65, it says on the box and i checked with my friend,but its now selling at £32.50. i thought we should get the whole £65 cash back or at least the £65 back as a giftcard? do you think i should go back in and ask?

    Reply
    • Stuart Halliday 29 December, 10:22 pm

      Sorry no, you had the item for 2 months which in anyone’s book is beyond the ‘sales of goods act reasonable time frame’. Usually 28 days is suffice.

      The shop can therefore rightly claim you have accepted the goods and you are no longer entitled to a refund.

      You were of course fully entitled to a repair or replacement if you had proof of purchase.

      The fact is the shop offered you a credit note is actually good of the shop as it goes beyond your basic rights as stated in the Sales of Goods act.

      The amount you got back as a credit note did seem a little mean, but this was probably due to the fact the product has now reduced in price. So is probably correct.

      I guess as you got it as a gift, you’re technically in profit in any case? :)

      Reply
    • Ed 2 January, 12:08 pm

      Hi Michelle,
      You haven’t given any indication of when the product was purchased. Is it receipted to the amount of £65?
      Yes full amount should be refunded when you are within your rights to a refund.

      Reply
  • Paul 2 January, 2:01 pm

    Hello, can you confirm if you are within your rights to ask a shop for a refund the same way you bough the item, for example part gift card part debit card. The item I bought had a faulty zip and I returned the item within seven days with proof of purchase yet was only offered a credit note.

    Thanks.

    Reply
    • Stuart Halliday 3 January, 11:47 pm

      If the item was faulty, you are only entitled by Law for a repair or replacement. Doesn’t matter how you paid for it.

      If you no longer want the item for whatever reason, then the shop doesn’t have to give you a refund.

      Reply
    • Ed 4 January, 5:40 pm

      Hi Paul,

      If item is faulty you are entitled to REFUND or exchange.

      N.B

      Only if item is unwanted are they allowed to refuse to refund or exchange although most shops realise this may not be in their best interest and allow exchange/ credit note.

      Ed

      Reply
  • Alice 3 January, 6:44 am

    Someone help me please im really confused!
    i bought some shoes (by debit card) in the store and on the till it wrote that it had charged me £50, like it was suppose to. I went through my reciepts today (2 weeks later) because i saw that i had no money left in my account and didn’t know why. I noticed that they also charged me £30 for a pair of shoes i never bought or even attempted to buy, turns out i actually got charged £80 which explained why i ran out of money so quickly. My issue is that i am not sure if i can prove that i did not buy that item and if i could get my money back since £30 is quite alot. :/

    Reply
    • Stuart Halliday 3 January, 11:49 pm

      Difficult one.

      You need to prove you only bought the one item.

      Ask to see their CCTV footage of the Till area and they can see you only bought one item to the till.

      That’ll be proof enough.

      Reply
  • Eva 3 January, 12:46 pm

    Hello. My boyfriend bought me a dress from a small local boutique shop as a surprise Christmas present. The lady who sold him it told him that ‘it fits all sizes’ and when he was concerned she said not to worry, there would be no problem in returning the item, ‘just bring it back’ she said. At no point did she inform him (after what can really be classed as misleading, mis-selling and misinformation) that the store did not do refunds. So when I tried the dress on and it did not fit, we brought it back to the shop expecting a full refund, and lady said ‘no we don’t do refunds’ and offered a credit note. I insisted I was not happy to accept this and wished to speak to owner or manager, she said her partner was away for 2 weeks, gave me a business card with words “please credit returned dress”, the sum and the date, written on the back – so I can get in touch. Have I got a legal right for full refund since the goods were not “as described” by seller? How can I get them to refund the dress as I am not happy with credit note at all?

    Reply
    • Stuart Halliday 4 January, 8:48 am

      If she is a partner in the business surely she has equal responsibility to decide refund problems?
      Me thinks you’ve been fodded off?

      You are entitled to a refund as the item doesn’t fit you despite your boyfriend being told it would. Therefore it is not fit for purpose and is mis-sold.

      Ask the boyfriend and yourself to return to the shop and state this. You can tell the shop you will contact the local trading standards officer.

      Basically it boils down to your boyfriends word against hers, if she tries to deny she said it would fit.

      Reply
  • Eva 4 January, 9:30 am

    Hi and thank you so much for your time and advice. I rang the shop yesterday to find out who such a partner is and was told there was no such person, just a relative who sometimes helped out. When we were in the shop and the lady said she wasn’t gonna refund the dress, i pleaded with her saying i know my rights and that she can’t do that, because she sold the dress on the basis that it was going to fit, and it doesn’t. She was arguing back that she is a small shop and no small shops can afford to do refunds, which is nonsense, cos i have neve come across anyone in the area in my experience doind what she did. But she said go and ask trading standards, and i said i would. She actually argues as if she believed she was in the right!! This feels so silly, i know the law is on my side, but it feels like dealing with a stubborn child who just won’t budge. I am not confident going back to the shop and speaking to her face to face is going to achieve anything? Would an official letter listing all the laws and acts work, giving her time to respond? Thank you again, what you do here is brilliant, and very much appreciated!

    Reply
    • Stuart Halliday 4 January, 9:50 am

      I’d phone up the local trading standards officer now.

      She seems to firmly believe that ‘no refunds’ is her right by law where as it _is_ only if the goods are fit for purpose and as described with no fault.

      A letter explaining where she is wrong may budge her, but will further delay the issue and it could drag on.

      This web link is by the Government and section 4 is for retailers to read. So if you print this out and show it to her (especially the part in section 4 called ‘be fit for purpose’. It may help shift her.

      http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained/

      Or contact the trading standards officer and make a complaint me thinks.

      Go to this web site below, type in your/their postcode and you’ll get the address & phone number of the local Trading standards office.

      http://www.tradingstandards.gov.uk/advice/index.cfm

      Reply
  • Marc Cohen 4 January, 9:33 am

    Hi I am looking for a bit of advice. I purchased a pretty expensive home cinema system together with a speaker system to complement the equipment. This was in mid December 2011, I very quickly identified that the product was faulty and in addition did not meet the needs I had specified.

    The company replaced the product with a different product 5 days ago. The new product still does not meet the needs I initially specified and the company are now stating that they cannot meet the needs specified despite initially thinking they could.

    Would I be entitled to a refund of the system and the separate speakers system (there is nothing wrong with the speakers however they are of little use without the entire system)?

    Many thanks,

    Marc.

    Reply
    • Stuart Halliday 4 January, 9:59 am

      You are entitled to a full refund if the item does not meet your original request for a product. They have admitted the item is not fit for purpose.

      The difficulty is if you have two or more items which rely on each other.

      If item B is not faulty and does meet your requirements, then technically it is fit for purpose. (You could in theory get a replacement item A from another seller which does meet your requirements couldn’t you?)

      You can of course ask for both items to be considered and see how the manager responds. But by the letter of the law they don’t have to refund both items.

      But if they want to keep future business with you then they may take them back. But be aware they are entitled to not give you 100% refund in that case. Any expense they have to take in re-packaging it, inspecting or cleaning it for re-sale is legally allowed if it is reasonable.

      Reply
    • Ed 5 January, 2:14 pm

      Hi Marc,

      Yes you are entitled to a refund of the separate speaker system as well under the Sale of Goods Act 1979 as the speakers ‘were references to the goods comprised in the instalment’.

      Keep us posted.

      Ed

      Reply
      • Stuart Halliday 5 January, 9:35 pm

        Yes Ed,
        But that clause (Right of partial rejection 35A-2) is for an instalment by the Seller.

        If the buyer walked into a shop and took the items home himself, then it’s not an instalment.

        35A-1 seems to me to say that if the buyer rejects some of the goods, they do not lose the right to reject the rest.

        But you can still only reject if the item is not fit for purpose, faulty, etc.

        But 35A – 3 also states that if the buyer made it clear at the point of sale that the items were all part of the same contract then they can reject all of them. (Most people don’t and assuming the shop will agree with you afterwards doesn’t always work. :)

        This section also states in 35A-4 that it is one of the few paragraphs in the Sales of Goods act that can be null and void if the sellers terms and conditions of trade suggest otherwise.

        So the buyer needs to examine T&C of the sellers for any mention of this if the Seller is being difficult. Tread carefully? :)

      • Ed 6 January, 1:34 pm

        Stuart,

        Thanks for reply,

        Are the speakers not an instalment/ part of the transaction which forms the individual contract?

  • kaay 5 January, 11:50 pm

    hi i am looking for some advise…i received a faulty bravia 3d tv from sony center…i got a call from the warranty team saying that they can not get the spares for this tv ( new lcd panel )so i can have “like for like” replacement, now i am in doubts about this model do i want another 1 like it..i have paid £2000 for it and it is brand new less than a month old but it has already faulted..am i entitled to a full refund and go shop elsewere? or will i have to take the like for like offer even though it was their faulty product?even if i am offered vouchers will i have to accept it as i only want a full refund?

    Reply
  • Emily 8 January, 6:15 pm

    Last month I stopped using Net10 because they have such horrible services and right in the middle of my service, they deactivated my phone. So I switched to another phone company. This month on January 7 Net10 took $50.85 from my money account without me knowing and without me purchasing anything from them. I don’t use their phone anymore. I’m out $50 and I want to know what I can do to get it back. I didn’t purchase anything from them, they just took it.

    Reply
    • Stuart Halliday 9 January, 11:33 am

      Firstly Net10 is a US phone company and this web page only really deals with UK Law. Sorry.

      Having said that….

      If any company takes money from your bank then you must have set up some kind of bank permission to allow them to do this (we call this direct debit in the UK). Possibly you forgot to remove this permission when you ended with Net10? (If not ask your bank for the money back).

      Net10 may have you under contract for a certain time period and are legally allowed to ask for this money?

      Phone companies generally do not deactivate phones unless you (or someone else) ring up large bills and haven’t paid them or haven’t used it for around 3 months.

      Perhaps you used it for purposes outside their terms and conditions?

      Sorry I can’t help more.

      Reply
  • Nick Dawson 9 January, 12:12 pm

    Hi, i recently purchased a jacket online, and as it was the wrong size i returned the item via post at an expense of £7. Am i entitled to this £7 back?

    Reply
    • Stuart Halliday 9 January, 10:08 pm

      Yes, if the seller didn’t mention they would the recovery of P+P in their contract with you. If they did, you can’t get it back.

      The long distance regulation clearly states you can within 7 days of receiving the goods return the item for any reason and claim a full refund including P+P. But the Seller can over ride the refund of the P+P if stated.

      To be official, send a Fax or email to their sales office explaining you are giving notice of returning it within the 7days.

      See:
      http://www.legislation.gov.uk/uksi/2000/2334/contents/made

      “14.—(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

      read section 5.
      :)

      Reply
  • Sarah Thwaites 12 January, 2:22 pm

    Hi,

    My Husband bought our son a remote control car for Christmas from Toys r us. We did not realise until after we had thrown away all the packaging that the car in question needs to be charged for 4 hours for 10 minutes play. We think this is of poor quality as it was not stated on the outside of the box. The shop will not take it back unless it is faulty, is this right.

    Thanks

    Reply
    • Stuart Halliday 13 January, 9:34 am

      Sounds like you were unaware of how R/C devices work.

      Though 10mins for 4 hour charging is low so IMHO it is probably a sign of a badly designed piece of cheap merchandise.

      There are many modern products on sale that tend to assume that the customer is aware of how they work when sadly they will never put anything which can be seen as negative on the outside of the box.

      This isn’t the shops’ fault, therefore you can not claim a refund.

      Always ask for details on operation and your expectations of the product (especially for electronic gadgets). That way you can claim a refund on the grounds as ‘not fit for purpose’.

      Reply
  • Portia 12 January, 7:27 pm

    I bought a pair of £139 leather boots that were lovely soft leather. They were very compfy in the shop and when I tried them on at home, however on walking less than a quarter of a mile my heels became very blistered, I rang the shop and said that they were, as far as I was concerned, unwearable (House of Fraser – Dune) They say that because I wore them outside its basically tough. I could have taken them back and got a refund but didnt want to be dishonest. It seems these boots are their ‘best sellers’ so its impossible that there is anything wrong with them. The heel section is exceptionally hard and I cannot believe that others are not suffering (possibly in silence). So I am left with a pair of expensive boots that I am unable to wear. Any advice??

    Reply
  • AA 13 January, 12:48 am

    Shoes need to be worn in to become comfortable. So unless they were defective, you have no cause to claim. If the shoes are uncomfortable because they are the wrong size, then you have no claim. Presumably you had the opportunity to try on the shoes in the sop to see if they were the correct size/comfortable etc. However, if the shoes are not of merchantable quality and badly manufactured and that is the reason they are uncomfortable then it would not matter that you have worn them.

    Shops give you the right to return unused goods within a certain period – that does not give you the legal right to return used goods as you are dependent on the goodwill of the shop.

    Reply
    • Stuart Halliday 13 January, 9:41 am

      I agree with AA.
      But would add, you have the right to get an expert (at your own expense or via the shop’s expert) to examine the boots to give you an opinion if they are made correctly.

      Surely you know that all modern mass-produced footwear can easily cause skin damage when new? Most of us simply put up with it until the material softens.

      You can of course get the material artificially softened by a decent shoe maker/repair person.
      :)

      Reply
  • elisha 13 January, 7:15 am

    Hello I brought my little girl her first bike from argos for christmas . I opened the box to put it together I got most of it up until I realised that some of the parts were missing and the pedels did not fit into the slots . I called customer services they said I needed to go back to the shop I brought it from WITH the reciept considering I live over 180 miles away from the shop I brought it from I’m concerned that they won’t give me money back . What can I do if they won’t give me my money back .

    Reply
    • Stuart Halliday 13 January, 11:10 am

      If you are sure that parts are missing or not fitting then with the receipt they HAVE to give you a replacement or the right parts.

      If you are within a reasonable time between buying the item and reporting the fault, say 7-14 days. Then you can ask for a full refund stating “the item is not of merchandise quality”.

      If not, they may be within their rights to give you a credit note, replacement, repair. etc. See their terms and conditions of sale.

      But do take along all the parts and the packaging.

      If in doubt phone the local shop first?

      Reply
  • Vickie larkin 14 January, 8:25 pm

    Hi I ordered a triple wardrobe on 15th dec it came today but it is not what I wanted I expected it to be wood not mdf, it is on wheels which I didn’t want as is unsafe around three children. I also ordered it without glass in and came with glass on one of the doors. I rang the shop and said I wanted it to be taken back and a refund as it was different to what I had seen in brochure the manager had shown me on day of purchase, I was then told I couldn’t have my money back as it was specially ordered from the manufacturer they offered to change door and take wheels off bit I wanted a wood wardrobe as it is more sturdy. They have since came back to collect the wardrobe and I have been told I can only have my money back once they have sold it on themselves so I have paid out £200 and still have no wardrobe. Are they allowed to do this or am I entitled to my money back if they have taken the goods back. Please help thankyou

    Reply
    • Stuart Halliday 15 January, 11:01 am

      See section 15 of the Sales of goods act.

      If you ordered a custom made item and it doesn’t meet what you originally asked for or were shown from a sample in the shop then of course you are entitled to a full refund.

      The shop is incorrect about having you wait of course. Get back to them right away.

      But did you make it 100% clear to the seller what you wanted? Verbal descriptions are a minefield as parties can claim not to have said certain things and people’s memories can be unclear. Make a list of requirements and show them to the seller.

      If you paid by credit card then you have additional protection on your money. So contact your credit card company.

      You also had the ability to reject the item when it was delivered. If you did not then it could be said you have accepted the item.

      It is important never to sign any document that said the item was delivered and is to your satisfaction. If the item was packed and wrapped. Get them to unwrap it and you inspect it. :)

      I often add the word “uninspected” to any delivery note just in case.

      *Please get back to this forum with your result.

      Reply
      • Vickie larkin 16 January, 2:19 pm

        Hi again since speaking to the shop I have been told now the wardrobe has no glass in it which as stated above it did have on delivery I was told I was being awkward after telling himy rights and I wasn’t shopping in harrods so what did I expect. I was told do what I had to do in taking it further and was hung up on. Even when talking to the manager he put the phone on desk and was being very rude. I said I would dispute payment an he laughed saying my money was long gone am awaiting bank to phone back to discuss this. I am currently writing a letter to send recorded delivery to tell him he has so many days to resolve this before being taken further. I am livid and the fact his attitude is so revolting makes the situation worse !!!

      • Stuart Halliday 17 January, 10:14 am

        Me, I’d get straight on to my local trading standards office and report them. They can remove their trading license and shut them down.

  • Preeti 15 January, 12:06 pm

    Hi,

    Hope you can help. This maybe the wrong forum, but needed some advice. I used a Recycle clothes for cash website, with the promise 60p per kg… it seemed to be a ethics company which appeal to me. I read the company quality requirements, and make sure I ONLY sent things that matched this. Only to be sent an email afterwards stating they are only paying for 1kg out of the 10kg sent, as the rest of the items are unacceptable. This ain’t about the money, but I believe this to be a scam. Am I in my right to reject this amount, and ask for my items back? I rather the items go to a proper company for recycling or charity. On the website, it does states unable to send items back, however, I do not feel this is right. As I do not accept the amount they are offering.

    Any help will be appreciated.

    Thank you in advance for any help.

    P

    Reply
    • Stuart Halliday 15 January, 5:22 pm

      As these are 2nd hand goods, the Sales of Goods act or any other does not apply.

      You just have the contract between yourself and the company. Which basically means you have accepted their terms and conditions.

      I’d ask them for a detailed list of items not accepted and why not.
      I guess you may be at least entitled to that.

      But ultimately if they said they don’t return anything, then why did you send them items?

      Most of these companies usually have a ‘get out of jail’ clause. Usually ‘the items must be fashionable’. So who decides that? That’s just a matter of opinion.

      If you suspect them of illegal activity, contact their local Trading Standards Office and report them.

      Reply
  • Jacob 16 January, 5:25 pm

    Hi, i bought a custom pc from a local computer shop last week. It was fine for a few days, but yesterday it started to turn itself off at random times while i am using it. Meaning that the product is faulty. I went into the shop and said that I wanted to get a refund on the pc. They are saying that because it is a custom build pc they cannot do a refund and that they will repair it. I’m not happy with this as the service while they were actually building the pc was less than satisfactory to start with. Surely with it only being a week old they should refund it, i was not told at any time during the process that it was a non-refundable item. I went in again earlier and said that I want a refund due to me only owning it for a week and they are now saying they need to speak to the boss and they will call me. I know for a fact that I will not recieve a call and that I will have to go in and chase it up just as i had to when they were building it. I’m 17 years old should i take my mom with me so they take me seriously? Should they be giving me a refund?

    Reply
    • Stuart Halliday 21 January, 10:53 am

      Yes you are entitled to a refund due to the item being ‘not fit for purpose’.

      However as you asked for a custom build your refund will be minus reasonable building costs the seller had to make on your behalf.

      Ask for a list of the building costs if they go down this route so you can see if they are reasonable.

      Remember to speak to the local trading standards officer and tell them that you were refused a refund. They can speak to the shop on your behalf.

      Let us know how you get on.

      Reply
  • Les 20 January, 11:47 am

    My wife brought me a suite for a christmas present and asked that if it was the wrong size could she bring it back and change it to which she was told yes and if it was before the 16th January. When I tried the suite on it was far to small for me. She took it back within the time scale but was unable to find the receipt so they refused to take the item back. She can prove the amount she paid when she receives her bank statement but that will not arrive until the end of the month can she still return the item armed with this information abet it is past the 16th January.

    Reply
    • Stuart Halliday 21 January, 11:01 am

      Why not go online and get the bank statement from their web site or visit the bank and ask for a print out. No need to wait.

      But in any case assuming she has informed the shop of the need to wait for this statement, the shop should honour the delay. Best to use a letter sign by the shop to confirm this is ok?

      Of course any decent shop would simply look through their own records and match up the date of purchase with the Suit. Very easy for the shop if she paid via a debit or credit card. Just give them the last 4 digits of the card.

      Remember shops need proof of purchase and this doesn’t have to be the original receipt. :)

      Reply
  • natalie 22 January, 7:25 pm

    Hi I ordered 2x sofas from Laura Ashley they were delivered to me on Friday and when the delivery men took the wrapping off the sofas it looked like a cat had scratched both sofas are they were a mess,
    I refused delivery and the delivery men took them away what are my rights in getting a full refund as i have waited 3months already and now have nothing to sit on Im still awaiting for them to call me.

    Reply
    • Stuart Halliday 25 January, 11:34 am

      I assume these were not custom made for you?

      If that is the case, then you of course should get a full refund of the deposit. The items were not of ‘merchandisable quality’. State this to them.

      If you paid via credit card. Get onto your card company right away.

      If these were custom made to your specifications (as oppose to just standard catalogue items) then you may not get a full refund as you have to pay certain building/material costs. But get a full detailed list of these if they go down this route.

      Reply
  • Jon 23 January, 6:55 pm

    Hoping someone can provide some insight. I have made an online purchase from a retailer for some printing materials. I received the order today and there is part of it missing. The retailer is not accepting responsibility, how can I recoup my money for the value of the missing media? (I shall try speaking with them again tomorrow but just want to know where I go from here should they decide to not accept fault still)

    Kind Regards,

    Jon

    Reply
    • Stuart Halliday 25 January, 11:19 am

      As you bought it ‘long distance’ (i.e. over the Internet or via the phone within the UK) you have 7 days from receiving the goods to reject them for whatever reason and get a full refund.

      This is the law.

      So officially tell the company by Fax or email that under the “The Consumer Protection (Distance Selling) Regulations 2000 act”

      http://www.legislation.gov.uk/uksi/2000/2334/contents/made

      You are returning the goods for a full refund. Then explain why you are returning them and put dates received, informed, returned.

      BTW, read this section of the act and see if the exceptions apply to you.
      http://www.legislation.gov.uk/uksi/2000/2334/regulation/13/made

      Fax is better as it is a legal document. Emails aren’t yet.

      Reply
  • michael 25 January, 9:12 am

    Hi Stuart, regarding my £500 deposit on the car, pleased to say i raised a credit card dispute transaction, and wrote to the finance manager at the car company.

    I have received my money in full this morning.

    Many thanks for your help!

    P.S. I’d be very interested to hear a bit about yourself, how you came to be a font of consumer knowledge? Thanks again!

    Reply
    • Stuart Halliday 25 January, 11:26 am

      Like all my jobs I undertake, I take a pride in knowing how to do them to the best of my ability.

      As I currently work in a shop, I read the Sales of Goods Act and the The Consumer Protection (Distance Selling) Regulations.
      (Odd that shops don’t insist on their staff reading these acts).

      So no wonder it is amazing how many shops and customers don’t know their rights or they get them muddled up. So I like to help out people when I can.

      Thanks for asking. :)

      Reply
  • al 30 January, 2:06 pm

    Hi,

    Today at college i bought a bottle of ribena and was served by two people one person took my money and gave me a receipt and the other collected the item. On getting my drink i had not been told it was sparkling ribena. This was not what i wanted nor was i made aware of it before buying it, when i asked to swap it for a non sparkling ribena they told me they only have a smaller carton and it is cheaper and therefor cannot give me a 50p difference back. Is this correct? because i cant help feel that its not my fault and therefor they should have to change it

    many thanks

    al

    Reply
    • Stuart Halliday 31 January, 7:50 am

      > This was not what i wanted nor was I made aware of it before buying it…

      Difficult one this. You may not have specified non-sparkling or sparkling and therefore the seller made a wrong assumption.

      Assuming you didn’t open the bottle yourself, a straight swap and refund of price difference is in order. This they should have done.

      If you did open the bottle yourself, or leave their premises, it could be argued you had accepted the goods and therefore can not get your money back.

      Never assume when you buy anything that the seller has ‘read your mind’ and bought you the correct item. These days just about anything available to us comes in many difference forms. :)

      Reply
  • Mandy 30 January, 9:29 pm

    Am I entitled to a full refund if a product I purchased caused physical harm to my child whilst using it for the purpose it was sold. It is a bed from Ikea that ripped a chunk of my daughter’s hair out when she was asleep.

    Reply
    • Stuart Halliday 31 January, 7:38 am

      Sounds like a ‘not fit for purpose’ job.

      Though you may have to prove this if the item is more than 6 months old.

      Reply
  • Laura Dodsworth 31 January, 3:07 pm

    Hello. I bought a swimming costume at my local leisure centre. When I bought it I asked if I could have bring it back and have a refund if it didn’t fit, and they said I could. When I took it back the next day, they said they couldn’t refund to my card (which I paid with) but took my bank details to do a bank transfer later. I would much have preferred an immediate refund, and felt uncomfortable leaving the swimming costume, receipt and a bit of paper with bank account details behind. They had no signs anywhere explaining their refund policy. Are they correct in their policy?

    Reply
    • Stuart Halliday 1 February, 11:37 pm

      Assuming you mean a credit card, then yes contact the credit card people and get your money back if more than £100.

      Otherwise, you’ve been silly leaving the original receipt and item with them if they are dishonest.

      P.S.
      Don’t worry about the bank details, no company can take out money without your permission. Only put money in.

      > Are they correct in their policy?

      A verbal policy isn’t worth anything. Always ask to see it written down. In any case a shop policy can _never_ reduce your basic consumer rights, only enhance them. :)

      BTW, any shop with a electronic card terminal can do a direct debit/credit card card refund to your bank account. Take 3-4 working days to go through though.

      Perhaps their system was faulty or the assistant didn’t know how to do it?

      Phone them back and ask about it?

      Reply
  • sambo 31 January, 7:27 pm

    right then, wedding dress purchased half the price paid and a cancellation to the venue, any chance of a refund

    Reply
    • Stuart Halliday 1 February, 11:29 pm

      Sure, but as it was probably a custom made job, you may not get all your money back as they do have the right to claim back some manufacturing costs.

      Reply
  • Steve 1 February, 12:22 pm

    I bought a pair of shoes from a website as a Christmas gift in November. On opening them Christmas day they are the wrong size. They have not been worn, only tried on standing on the carpet. I emailed the company asking for an opportunity to exchange them, or get a credit note to replace them. I emailed several times over the course of January with no reply. I decided (possibly wrongly!)to send the shoes back via recorded delivery so they would at least acknowledge my issue. That was 2 weeks ago, they still wont answer my emails. I have tried calling everyday and have left answer phone messages – still nothing. I have recently read on their website that they don’t entertain anything after 7 days of purchase, which was back in November, as I bought in good time for Xmas. They now have my money AND the shoes back and seem to be totally ignoring me. I appreciate I may not have done all this correctly, but I was hoping for a bit of grace due to it being something for Christmas. Also, eighty quid is a lot to just ‘let them get away with’. Does anyone have any suggestions? Thank You!

    Reply
    • Stuart Halliday 1 February, 11:27 pm

      You had the long distance regulation act on your side.

      So contact the Trading Standards and tell them the web company’s postal address to see if they are still trading?

      P.S.
      Why didn’t you phone or Fax them?

      Reply
  • Eva 2 February, 10:08 am

    Hello there, I would like to thank you for helping with my query about a month ago, a lady wouldn’t refund a dress which was wrong size (although she said it was fit for all sizes), insisting that was ‘their policy’, that I would have to pick something else. I ended up emailing her with my intentions of not giving up and sending a recorded delivery letter and stating my rights as well. The lady emailed me before she received the letter and said we could have our money back, so thank you for your help. Interestingly though, I noticed the recorded delivery letter has still not been picked up, and it has been about a month since I sent it. I suppose one doesn’t have to pick up their mail from post office?

    Reply
    • Stuart Halliday 2 February, 10:37 am

      Thanks Eva for getting back to us with your news as it makes it worth while. :)

      I guess if your postman is like ours, they sometimes just put the letter through the letterbox and don’t bother with getting a signature to prove its been delivered!

      Reply
  • al 2 February, 1:36 pm

    Thank you for your help, although i was ignored its nice to know. much appreciated

    Reply
  • Ed 2 February, 5:35 pm

    Stuart Halliday,

    FYI.
    Emails is one of the documents accepted for notification of cancellation under the DSR unless another particular method was agreed in T&C’s between parties.

    Blimey, FAX, dinosaur territory. Who owns one???

    BTW 12+yrs

    Reply
    • Stuart Halliday 2 February, 6:30 pm

      Plenty of business own a fax as it is still considered by the Courts as a legal document.

      Email isn’t (as far as I know), far too easy to fake or ignore. :)

      So if you need that edge in being ‘legal’, use Fax. Most photocopy shops or libraries have a public one.

      Reply
      • Ed 3 February, 8:04 pm

        Stuart,

        Email very much so is a legal doc and can be used as evidence.

        There is even a CoP for to ensure it’s reliablity.

        You say emails can easily be faked, please tell the world how.
        You also say emails are too easy to ignore, ignorance doesn’t stand in court.

        I wonder how on earth them leaked emails which have been through the courts stood up as evidence?

        I only brought this up due to you advising Jon above to cancel through the DSR by fax as email isn’t legal yet.
        Get an edge, understand the law

      • Stuart Halliday 5 February, 12:31 pm

        It’s more complex than it looks Ed.

        Emails are just simple text files and can be forged with notepad, a program every Window OS has pre-installed.

        Yes, emails are very easy to ignore, you just click on the delete icon in your email program and it’s gone.

        Of course what you probably don’t know is that for every email there is a email log ( a date stamped recording) at every stage of its travel to or from your computer.

        Every time an email goes through a email Server a ‘Received:’ header is added to the email (these can be forged of course). Typical email goes through about 3-8 servers on its way to you.

        But the email server also logs the email in its own internal storage and some may even hold a copy of the original email. So the authorities do need to get hold of these logs and see a copy as well.

        Without email logs, emails you send are worthless.

        As most consumers don’t log their emails and it it is very rare to get the Police to bother getting a court order to obtain a record of email logs from Servers then they are in effect worthless.

        I’m been a IT engineer in the past and had to handle a company with lots of employees and its email servers. :)

  • knight 4 February, 1:40 pm

    I brought a sofa from Harveys three months ago which I had to wait that long before they delivered,

    I explained that I was on a third floors flat and I had a small walkway where they can manoeuvre the sofa,

    When they came to deliver the driver said that my door isn’t the standard size which I looked up and the average store sizes 31 inches which exactly my door frame,

    I phone then customer service and they said they have a specific return policy where if it doesn’t fit through the door they don’t refund,

    None of this was explained on purchase and it is in detail the return policy wasn’t on the receipt about this specific return policy,

    The store phoned me and said that they don’t need to explain any of the return policy

    Also the sofa never left their van or entity my property

    Where do I stand

    Reply
    • Stuart Halliday 5 February, 12:43 pm

      When a shop sells a customer a product they are not duty or legally bound to explain their policy. They do need to display it somewhere though and for you to read it.

      It is for the customer to find out their particular terms and conditions and not them to point them out.

      But remember these policies can never reduce your consumer rights.

      My own experience with getting sofas is that it is my responsibility to ensure that the delivered item will fit through a window or door.

      If you feel that you did do this and the shop was informed then it is the shops fault. Otherwise it is your fault sadly.

      At the very least you should be able to get some part of the refund back. See previous posting on a similar matter regarding custom made items.

      If you paid via credit card you’ll have some form of extra protection, so contact them too.

      P.S.
      Never pay the full amount on anything before you see it installed. :)

      Reply
      • knight 6 February, 12:27 pm

        Thank you for the reply,

        When I worked in retail and when I got my NVQ two in retail, I was told that if there is a specific return policy, that as a salesman that I should make it clear what that specific refund is and show relevant information

        Which neither materialised,

        Also on the receipt there’s nothing about my statutory rights or any refund policy at all

        You also mentioned about the sales person doesn’t have to talk about any refund policy, I got a phone call last Friday saying exactly that but when I said that registered as being disabled with learning disability,

        He said that I should have informed him straight away but he’s entitled not to inform me About their return policy is that fair

  • Samantha walker 6 February, 5:59 pm

    I bought a washer dryer from a local appliance shop for £210, as soon as I got it home I realises there was something wrong with it so I called the shop and some1 came out and fixed it but the boss shouted at me and said I’m lucky he’s not charging me cos I put the washer in the car the wrong way so the drum came loose, I was 9 months pregnant at the time I never touched the washer his workers put it in the car, as soon as he left I put a wash on and it flooded my kitchen and ruined all my flooring they been out to fix it 5 times and every time they do they end up making things a lot worse, he sent a little kid to my house to fix it and he kicked the front of my washer and cracked the plastic on the door of the washer, I’ve been ringing them every day to fix it but there verbally abusive on the phone and they’ve been avoiding my calls and telling me to ring back next week when the boss is in, now that my 3 month garuantee has ran out there refusing to fix it, I’ve had to put brand new flooring down twice now and it flooded all my cellar, my 2 year old daughter had slipped on the water quite a few times. now I’ve got a new born baby and a 2 year old and a washer that doesn’t work, what could I do about this???

    Reply
    • Stuart Halliday 15 February, 9:46 am

      How did you pay for the Washer? Was it second hand?

      You can claim via your Credit Card if you paid through that?

      Otherwise send a written letter to the shop for the attention of the owner explaining the series of events which lead to this and asking for a written reply within 28 days. The shop will have liability insurance to cover any damage caused by the workers in your home.

      Send the letter special delivery!

      If no word from them after a week phone them to confirm they got the letter and you will be getting a reply. Get in touch with your local Trading Standards office to see what advice they can offer.

      BTW, Dryers should be only moved with their locking bolts screwed down to stop the drum from getting damaged. Then the bolts are removed before use. The shop should have done this for you before the item was placed in the car.
      Then someone needed to remove them before switching on the item.
      Did they do this you think?

      I wouldn’t have let the shop try to fix it 5 times. On the 3rd I’d ask for it to be taken away and sorted!

      Reply
  • caroline maclachlan 6 February, 6:15 pm

    I returned a dress to this company and have a receipt for the item that I posted via royal mail as requested by them the parcel was stamped the 9th of January 2012 and they keep emailing me saying that I didn’t return it and now they’re ignoring me .I sent it first class they’re due me £60.00 can you please help me .

    Reply
    • Stuart Halliday 15 February, 9:32 am

      How did you send the item?

      If you sent the item ‘special or recorded delivery’ then if the receiver claims not to have it. You can claim the value of the item back from the Royal Mail.

      Just having a postal receipt is pretty useless as it doesn’t offer tracking or insurance. It just tells you that you send something to someone else on that day.

      IIRC Royal Mail may want you to wait for over 30 days before querying it if sent by ordinary First class post.

      Reply
  • Knight 7 February, 4:58 pm

    Sorry I do ramble and go around the house is because that’s part of my learning disability,

    I’ll summarise my complaint against Harveys

    1) failure to deliver: the sofa never entered my block let alone anywhere near my property as the sofa never left Harveys van

    2) I did not sign anything regarding failure to deliver or delivery took place

    3) I paid extra for a service for which they were opposed to deliver to my flat which they never delivered that service

    4) they never specifically said anything specific about door sizes on their return policy

    5) no information on receipt or in the shop regarding return policy

    As for not explaining my disability, I’ll give you an example of why I don’t mention my disability,

    I went in to Argos about a week ago to buy a TV I had done a little bit of research before going into the shop, now I shouldn’t bebroadcast to everyone when entering the shop that I have a disability because it’s embarrassing also when I mentioned before after all whenever about my disability 90% of the time people in shops treat me like a retard hence why I don’t like going shopping to buy things for the home or for myself

    When I wait to pay for the TV they asked me a specific question, now I didn’t understand the question which I say can you explain they then explained what the specific question was now at that point Iif I don’t understand I would have informed them of my disability

    Reply
  • Susan 12 February, 11:48 pm

    Hello. I live in the United States and my boyfriend and I bought a ring through a website, which the business is situated in the UK. This person’s website said that customers may get their money back if they do not feel like the ring makes them 100% happy, and that if the customer sends it back within 14 days they’d get a full refund minus shipping and handling. We paid over 2,000 dollars but once we got the ring decided to send it back as it did not look as we expected. I sent it well before the 14 days and asked for my money. The man said he did not have the money at the moment but to ask again after Christmas. Up until now, we are still waiting. What can we do? (He also changed his money back guarantee on his website). I feel so hopeless.

    Reply
    • Stuart Halliday 14 February, 11:32 pm

      You may not be covered I think by our Sales of Goods Act as it is for residents of the UK.

      To be sure, contact the UK Trading Standards people and ask them where you stand. They’ll give advice in any case.

      See http://www.tradingstandards.gov.uk/advice/advice-business.cfm

      However if you paid by credit card, you probably do have payment protection from them.

      You can of course complain if they are a member of say “The British Jewellers’ Association” (I think) http://www.bja.org.uk/

      When buying large value items across the sea. Best to check out the site first to see if they belong to such organisations. It gives them a more reason to trade fairly.

      Reply
  • Steve Davies 14 February, 2:33 pm

    I bought a tv from a MAJOR uk retailer on Jan 5th. on Feb 14 the sound stopped operating properly. The retailer want to repair the 5 week old tv, but I would prefer exchange for a new one of the exact same brand. Can I do that?

    Reply
    • Stuart Halliday 15 February, 10:02 am

      I’d say 5 weeks is just outside the time frame to get a immediate refund. 28 days is often considered within a ‘reasonable time’. But this will depend on the shop’s policy.

      You are entitled to a repair or if that can’t be down in a reasonable time (say 2 weeks), an equal replacement. Only if these can’t be done will you get your money back.

      Reply
  • shell walsh 14 February, 11:22 pm

    hiya.need some advice please.i saw a scooter advertised on line,the fella brought the scooter for me to check over and asked me for a deposit and told me to ring him when i had the full amount..i did recieve a receipt for this(along with his phone number and registeration of the scooter..since then,he has emailed me and told me he couldnt wait and had decided to sell it..he mailed me to say he would drop my deposit off and that he would charge me petrol money for the visit.however he never turned up with the deposit.is this illegal for him to sell the scooter while ive got a deposit on it.

    Reply
    • Stuart Halliday 15 February, 9:52 am

      As you bought it second hand you have little rights.

      Sure he broke the law by taking your money and not giving you the item or not returning the deposit.

      Did you get the log book, license plate or chassis number of the scooter? Did you get his postal address and land-line phone number (and check these were real). Did you take his photograph. I would have done all of these as if it was stolen you could have gotten into serious trouble.

      Contact the Police in any case.

      Perhaps you’ve been scammed?

      Reply
  • Chris 15 February, 1:11 am

    Hi, I bought whey protein 5kg supplement which is awful and undrinkable. Their returns procedure states that they are unable to accept returns if the item has been open due to health and safety. Would it be possible to get a refund?

    Reply
    • Stuart Halliday 15 February, 9:56 am

      You would need to prove the item is faulty or not fit for purpose and not just a personal dislike for the product unfortunately to get a refund.

      If you have little experience with these types of products, perhaps take it to a Gym and ask the professional Trainers who work there for their opinion?

      Reply
  • Jim 17 February, 1:11 am

    If you got it through finance then get in touch with them straight away and let them deal with it!
    I bought a car in Wakefield from a car dealer, in 2 weeks it had a flat battery, battery and fsu replaced and still got a flat battery, bought another battery and yes another flat battery, then dashboard lit up like a Christmas tree, ABS, DSC and Brake warning lights on due to flat batteries. Now 5 months since I`ve had this car and I filled the petrol tank for the first time ever and had petrol leaking which followed me home for half a mile!
    I contacted Howard (The car dealer in Wakefeild) via email and was ignored so I have now put a complaint into the finance company to get them to sort it out with the car dealer! by the way my car was £8000 not including the finance interest about £1300.
    So a car not fit for its purpose could cost me £9300?

    Reply
  • GW 24 February, 10:09 pm

    We went to a tile shop and selected tiles that were on display. The tiles on display match in terms of colour,

    the fitter went anc picked up the tiles, and signed a collection receipt.

    When we opened the tiles – they do not match by a couple of shades – their warehouse admits none of their floor and wall tiles match as they are old and new stock.

    They have refused a refund. Our contention is they mis-represented the tiles, as there was no notice or mention of tiles varying (they are ceramic so you wouldnt expect large variation).

    Can they refuse a refund ?

    Reply
  • Stuart Halliday 27 February, 11:31 pm

    Only if they had on display a disclaimer next to the good informing you of faults or defects.

    It is reasonable to expect all tiles to match the sample.

    But it is also reasonable to assume some knowledge by the buyer.
    When we buy paint, wallpaper, tiles, etc. DIY objects we examine the batch numbers or some other date number on the box to identify that the items will be similar.

    But you could argue you didn’t know and were not told of this expectation. I’d suggest that the displayed samples are an example of what the customer should expect to get and you didn’t get them.
    Go by that line to get a refund. The sample doesn’t match the actual purchase, so the quality isn’t of good standard.

    I’d say they knew of the possible discrepancy and didn’t inform you at time of purchase. So they were negligent?

    Section 15 of the Sales of Goods Act is what you can argue with them on.

    http://www.legislation.gov.uk/ukpga/1979/54#commentary-c1108909

    If they disagree, speak to the Trading Standards Office in your area.

    If you paid via Credit Card, contact them.

    Reply
  • JASE THE FACE 28 February, 8:09 am

    Hi, looking for some advice please. I bought my wife a digital camera after xmas in the sales. She has used it a handfull of times trying to get used to all its functions.

    Now the on/off button has just stopped working so we cannot use the camera.
    I took it back to the shop and they said it would have to be sent away for repairs and could take up to 6 weeks. I asked if I could have a replacement or a refund and they said that because it had gone past 28 days since purchase it had to be sent off to the manufacturers.

    I took the camera and left the shop stating I would find out my rights!

    I dont think that a repair to the on/off button will last.

    What can you suggest!

    Reply
    • Stuart Halliday 28 February, 11:03 pm

      They are correct.

      You have a reasonable time after purchase to get a refund for faulty goods. If neither side decided at the time of purchase, then it is usually the T&C set by the shop. In this case it appears to be 28 days.

      So they are quite entitled to get it repaired or a replacement to you within a reasonable time. Now, you may not think 6 weeks is reasonable and you can try to challenge that. But again, at the time of sale this time schedule was probably in their T&Cs and you didn’t challenge these. So check this out in case it’s not mentioned.

      If it take 1 hour longer that the quoted 6 weeks, then you are fully entitled to a replacement or refund of course.

      If the repair to the on/off button doesn’t last for the length of time of the guarantee then you can of course claim that the item isn’t fit for purpose and demand a refund due to that you have let the shop and the manufacturer try to repair it and they have failed.
      So keep records of dates.

      You have actually 5-6 years from purchase to get an item repaired if the item has a design fault from day one. A weak on/off button that keeps breaking for example?

      Let us know how you get on. :)

      Reply
  • Marta 29 February, 10:16 pm

    HI, I hope you can help me. I bought a bra from Ann Summers online shop. When it came, I tried it on but it didn’t fit me very well so I decided to send it back (I cannot reurn it to the store if it is from online shop). After a few days, I received this bra again from Ann Summers with a note : The item carries a mark, wire casing grubby). I checked the bra very carefully and I can’t see any marks. I even showed it to my freind and she couldn’t see it as well. I always make sure to take care when trying on stuff in case I need to return it. The tag was still attached so I couldn’t wear it. What can I do about it baceause I don’t want to keep it, it doesn’t fit me. Thanks, Marta

    Reply
    • Stuart Halliday 1 March, 9:53 am

      As you bought it via a web site, and if the item was not made-to-measure or customised for you then the Distance Selling Regulations Act comes into play.

      You have up to 7 days from receipt of the item to reject it for any reason.

      If you see nothing wrong with the item then I suspect they’ve sent you a replacement as per their terms and conditions mentioned on their web site?

      http://www.annsummers.com/page/TermsAndConditions

      Send them official notice via a letter or fax of their error and ask for a refund. I assume you did inform them originally of the reason why you rejected the goods and so I would do so again.
      You are still covered by the act if they made a mistake.

      Read the short version of the act.
      http://www.out-law.com/page-430#Right

      Full Act:
      http://www.legislation.gov.uk/uksi/2000/2334/contents/made

      P.S.
      I see nothing in their terms and Conditions that states why you can’t just pop into a local shop with the item and get a refund.
      They do offer a freepost address. But this doesn’t mean you have to use it…
      It’s the same business so make sure you’re not getting fobbed off. :)

      Reply
  • Oleg 3 March, 8:52 pm

    Hi i’m looking for some legal advice.
    Me and my girlfriend bought Macbook laptop in CURRYS shop 11 month ago. Within first two weeks it has some strange noise coming out of it every time you lift it or move it. We took back just before 21 day run out… They checked it and said that it is hard drive fault and simply exchanged it to a brand you one. Fine. But about two weeks ago, it’s started switching off by itself and charger stopped charging laptop. So my girlfriend took it back to the CURRYS store. They kept the laptop for repairing and took all the purchase documents and insurance details with it. Then they send text message saying that laptop will be ready for collection on 28th of February, then another text saying it’s will be ready on 2nd of March, then on 4th of March, then on 5th of March, then back to 3 March, then we tracked it online it said 2nd of march, right after check we got another text message saying it’s will on 3rd of march Again.
    Today is 3rd of March, we went to the store to collected. When we checked it the top of the laptop was scratched. My girlfriend were careful person about this things and keeps her items very tidy and takes good care of it. So we new exactly that it has some scratches on it, which never been there before. Also we recovered that there was some red colour(paint, polish, etc…) on top of the white laptop.
    All of that happened in less then a year which is not the reason why we choose Apple product. WE bought it for its quality. But as we can see it’s doesn’t gives us what we were expecting. It’s obvious something wrong with CURRYS reselling Apple products. So is it possible to get refund? Or what’s possible to do with that?
    Regards, Oleg

    Reply
    • Stuart Halliday 3 March, 11:58 pm

      Are Currys selling new items or reconditioned items I wonder?

      You have the right to get a refund if the item can not be repaired or replaced in a reasonable time (usually a month).

      Since this is 11 months old. You can’t immediately ask for a refund. You can expect a replacement or repair. Which you have done already.
      So you have been reasonable. But the shop seems like it can’t offer a working version so you entitled to a full or part refund (you’ve had some use out of it).

      You say the item is damaged.
      But can you prove this item was damage free before it was sent off?
      (I would have taken pictures of it.)

      Approach the manager, telling them that you’ve been kept waiting for the repair of the second item and now the 2nd item item has been returned to you in worse condition than you left it. You have the right to a replacement as you’ve had purchased it over 6 months ago.

      If they can not give you a replacement or equivalent value item then you can ask for a refund.

      But check your original terms and conditions and of this insurance agreement. Remember these documents can only give you more rights. Not less.

      I’d ask for a credit note or refund as you’ve been reasonable.

      If you paid via credit card, you will have extra rights. So contact your card company.

      Reply
  • Mina 4 March, 10:11 pm

    I bought a dress just over a year ago. Its never been worn and i found it hung at the back of my cupboard. I had totally forgotten about it. I dont have the reciept, but would the store give a credit note or exchange for the value they have on their systems? Eg latest sale price. It has original tags on and everything the same.

    Reply
    • Stuart Halliday 6 March, 9:17 am

      No, absolutely not.
      You don’t have proof of purchase, you’ve left it over 6 months and the Law therefore says you have accepted the goods as yours.

      Reply
  • jacques 5 March, 1:14 am

    HI there

    I’ve bought a Solid state Hdd (vertex 2 ssd 60gb) from Ebuyer.com on the 11/3/2011 which failed in November which was replaced directly with the manufacturer to only have it fail end of February this 2012.

    I’ve contacted the manufacturer (ocz) requesting a refund as the item clearly isn’t fit for purpose as 2 of the items failed twice in less than 12months.

    Am I within my rights to request a refund?

    Kind regards and thanking in advance.
    Jacques

    Reply
    • Stuart Halliday 6 March, 9:45 am

      OCZ probably only have a warranty on the goods. Basically they will repair/replace the item for a couple of years if it fails.

      After owning the product for more than 6 months the Law states you have accepted the goods.

      I believe you are only entitled to a repair/replacement under their warranty scheme.

      Reply
  • Jane P 6 March, 10:16 am

    On Saturday 3rd March I purchased a dress & jacket, hat, shoes and handbag in York for my son’s wedding which was to be in September this year. On Sunday morning he told us that the wedding was off. I now have no need of this expensive outfit (£586 total)and wish to return it to the shop. I notice on the receipt it says “Credit or exchange within 7 days with valid receipt. we do not give refunds.” I have been in email contact with them to see if they would refund as a gesture of goodwill to which they said no and on top of that the credit or exchange does not apply to hats!! There was no notice of these policies anywhere in the shop that I could see, nor was I advised of this policy verbally before completing the purchase. The only sign in the shop said No refunds given on Sale items. Where do I stand with this. I am taking the goods back to the shop in York on Thursday (from London!!)and would appreciate knowing as quickly as possible. Many thanks.

    Reply
    • Stuart Halliday 7 March, 10:21 pm

      The shop is 100% correct. It is not the shops fault you no longer want or need the goods.

      The letter of the law states if you buy an item and even if you immediately change your mind 5 seconds later. It is too late.

      Only the good will of a shop can expand this right. Which in this case seems to be 7 days. Which is reasonable.

      The sales of goods act is for the protection of the shop and the consumer remember. :)

      No shop has to give written, displayed details of its policies (because these can only extend your rights, not reduce them) unless they are to point out flaws/defects in the goods. But they must be made available on demand.

      There is no clause in the Sales of Act as far as I can see which stops a shop refunding an item based on if it is worn or not. Only if it is faulty or not fit for purpose does a refund need to be given. Sorry.

      This is standard law in the UK for all shops.

      I suggest that if you paid via credit card, you contact the card company as they may offer you an alternative.

      Reply
  • Adam 7 March, 1:55 am

    Hi, I have waited for a over month and my camera has still not been repaired. What is the maximum waiting time to repair in Currys ?
    Would it be possible to get a refund?
    Thank You
    Adam

    Reply
    • Stuart Halliday 7 March, 9:49 pm

      Assuming it is less than 6 months old and they told you it would be repaired in X days. Then as soon as it goes over that time period you are entitled to a replacement and failing that a refund.

      The sales of goods act says you should only be expected to wait a reasonable length of time for a repair. Over a month isn’t in my view reasonable.

      Reply
  • Mark Cameron 7 March, 6:45 pm

    Hi,

    I purchased a PS3 online, brand new, with a credit card back in Oct 31st 2012. I noticed that within 2 months I was having problems with gameplay and after speaking to Sony today they’ve decided there’s a fault. They said they would send a courier to pick up my PS3 tomorrow and I’d receive a re-manufactured one within seven working days. I asked if I would receive a new warranty and didn’t want a re-manufactured PS3 as they told me it meant either ex-display or ex faulty that’s been repaired. I simply explained they could give me no guarantee it wouldn’t break as it was previously faulty with a higher likelihood of breaking again compared to a new one.

    I asked them for a refund or a new PS3. They denied both. They said I had to get the refund from the company whom I purchased it from. I called up the company and they said they only have a 7 day returns policy and to send it to Sony for a repair.

    I’m not happy here because it was bought brand new and I don’t want a re-manufactured PS3 because how do I know it won’t break, they send me another one up to the point my warranty runs out in November and I have to start paying for repairs of the last (previously faulty PS3) they sent me.

    Any advice on this would be great.

    Thank you.

    Reply
    • Stuart Halliday 7 March, 10:34 pm

      Sony is correct.
      Your first course is to contact the company you bought it from not Sony.

      If they had a 7 days returns policy and no further guarantee period then that is that.

      If they claim in their contract with you that they have a time period for a guarantee of it remaining fault free. Then they should honour that and either repair, replace with equivalent or refund you.
      They can not redirect you to Sony in that case. Ask for a definite time period that the repair or replacement will be and if they exceed this. You can probably demand by law a refund.

      Remember you can contact a local Trading standards office in their area by phone and get further advice.

      If the item was over £100, contact your credit card company as you probably have extra consumer rights. :)

      Reply
  • Rita Dalton 8 March, 1:56 pm

    Hi
    I bought a 3 seater and 2 seater leather suite from harveys and noticed later they are 2 different shades,they sent a man out who took pictures of it but said you do get shade variations and I should of been informed of this when I purchased. he said he will send the photos and his report to head office and I will be informed of there decision.
    I have not had the suite a week and have got it on 12 months interest free credit what are my rights if I am not happy with there decision?

    Reply
    • Stuart Halliday 10 March, 11:01 am

      That’s right. Leather from two different animals will be a different shade. This is suppose to be common knowledge I’m afraid.

      As you bought it via a loan, your contract is probably partly or all with the loan company not the sofa company. So read your terms and conditions and act quickly. All loans have a 7 day opt-out clause.

      Reply
  • Sharne 9 March, 11:13 pm

    Hi,
    I got bought a camera for my graduation in November, it became faulty after a week but it was bought in Northern Ireland and I was living in Scotland. I bought it back to Northern Ireland in January and my Dad took it back to Argos. They said it would take 2-3 weeks to fix. Heard nothing after 3 weeks so my dad rang up and they said that Nikon had said they need to order a new part from Europe so it would by AT LEAST another 2 weeks. I am really annoyed because I don’t understand what they were doing with it for the first 3 weeks. My dad wouldn’t ring Argos and demand a replacement even though I know that if it’s not fixed in a reasonable time I’m entitled to a replacement. We are waiting the further 2 weeks. If they say my camera is still not fixed can you tell me the specific part of the Sale of Goods Act where it says about reasonable time so I can quote it to them. I really want my camera back, it was a present I couldn’t use for a long time.

    Reply
  • Zahid 11 March, 8:54 pm

    Hi

    I bought a TV from my local Currys store. However, they didn’t have any stock of the model I wanted so had it delivered from one of their other stores.

    I took delivery yesterday but have now changed my mind and would like to return the TV for a refund. I have opened and unboxed the TV and powered it up. I’ve also noticed a few issues with the screen whilst doing this.

    I don’t want to exchange because I just don’t have the time to be dealing with engineer callouts etc.

    Am I still protected under the Distance Selling Act because the TV was delivered even though I actually made the actual purchase in-store ? Or is my only recourse to go into my local Currys and declare the goods being faulty and ask for a refund ?

    Reply
  • Stuart Halliday 12 March, 7:51 am

    No you are not covered by the Distance selling Act. You purchased it in store.

    You do not have the right to a refund just because you’ve changed your mind under the sales of goods act.

    But Currys may give you extra rights if you do the refund quickly. Check their terms and conditions.

    If the item is faulty you are expected to allow them to repair or replace the item. If they can not do so in a reasonable time frame, then you can ask for a refund.

    If the unseen model turns out not to be ‘fit for purpose’ then you needed to state purpose in the store at time of purchase.

    If you paid via credit card, then you may have extra rights. Contact your card company.

    Reply
  • Zahid 12 March, 9:56 am

    Thanks. I thought as much but thought I would check anyway.

    I guess I will have to make it clear that the item is faulty, which it is, and that I would be happier with a refund than an attempt to repair. Hopefully, they will accommodate my request.

    Reply
    • Stuart Halliday 12 March, 10:15 pm

      Unless they give you this extra right, then you have to settle for a repair or replacement. Only if they can’t do this in a reasonable time frame can you then demand a refund.

      Good luck.

      Reply
  • Steve Cheeseman 15 March, 10:29 pm

    Hi,

    I bought a pair of roller blades today, and I was served by someone who didn’t know anything about them, so he couldn’t tell me if they were a good fit or not. I have worn them (a little outside) and found that they are extremely uncomfortable, I assume because they are a wrong size. Am I able to get an exchange for them if they have very light marks?

    Thanks.

    Reply
    • Stuart Halliday 15 March, 10:54 pm

      No, you’ve used them and marked them. Would you buy a pair of shoes with other peoples marks on them?

      When buying items like shoes, it is vital to try them on in the shop first. Never take a sales persons word for it.

      Of course 99% of all shoes are uncomfortable when first worn so perhaps your blades need time to settle in?

      Take them back to the shop (with the receipt) and get a qualified fitter to examine your blades and your feet to ensure you are the correct size and you are tying them up correctly?

      Reply
  • Amila Udayanga 16 March, 8:54 pm

    Hi,

    I bought a Samsung LED40D7000 TV last Sunday from a comet store. it was the last one in the store. I opened it day before yesterday because I was busy at work. After switching it on, I found out that there is a pixel stuck in green. I contacted samsung about this at that night and they said their pixel policy is that a tv must have at least 3 pixels dead/stuck for it to be replaced. I contacted comet today and they said they are going to send an engineer on next Wednesday to look at it first and they have to wait until the engineer says if it’s fixable or not, then I insisted that I need a refund for this and they still said they have to wait for their engineer to say something. I spent £1000 on this after saving money for the tv for almost 3 months. I really need to get a refund for this as this is a brand new TV which I only bought last Sunday and it’s defective straight out from the box. I really appreciate if I can get any advice on what approach I can take to get a refund for this.

    Any help really appreciated,

    Thanks

    Reply
  • Lance 19 March, 6:59 pm

    I bought a motorcycle in May of 2010. I hired a shipping company to deliver the bike but after finding out they would be able to deliver in 3 weeks I decided to cancel my order and get the bike myself. They stated that the cancelation fee was 25 dollars. I paid them 658 dollars and I never really thought about it but as I went through my bank statements online looking for a different transactiton I found this charge so I looked for the refund and can find nothing in my bank statements. I called my bank and they stated there was no refund from that specific company or for the required amount.

    I just contacted the company and they of course stated that they refunded my money on the 24th of May 2010 yet I have no proof of that refund. What options do I have? They company states that they are going to fax me their documents tomorrow.

    Mind you this transaction is almsot 2 years old. I just happened to stumble across it.

    Reply
    • Stuart Halliday 19 March, 8:49 pm

      Did you buy this in the UK?

      If not, I can’t really help much.

      I do suggest you fax the company a copy of your bank records (suitable masked) to show them that you never got it.

      Then get similar proof from the company that they did do the bank work at their end. They should have bank details, statements, etc.
      Then approach the bank with these details.

      Maybe the company accidentally gave it to someone else’s bank account or the Bank made a mistake?

      You’ll need to prove who did what. :)

      Reply
  • Katie Matthews 21 March, 5:48 pm

    Hi,

    I bought a cartridge online from our usual supplier.

    When it arrived, I opened the box and realised I had ordered the wrong one. I didn’t touch the packaging that the printer cartridge came in.

    The supplier now says they cannot accept the cartridge back because it is not in pristine condition. Do I have any rights under Distance Selling Regulations?

    Thanks,
    Katie

    Reply
    • Stuart Halliday 22 March, 9:54 am

      Yes.
      The Distance act gives you the right to get a full refund within 7 days as they are simply supplying goods.

      See
      http://www.out-law.com/page-430#Exceptions
      But I can’t see a printer cartridge being applied to any of those conditions.

      If the supplier has conditions of sale but didn’t inform you of them then you should get a refund.

      See http://www.out-law.com/page-430#Prior
      They should have given you conditions of sale.

      (However if the web site gave you terms and conditions on a form and you agreed by ticking a box that you had read them (but didn’t) then these conditions are part of the contract between you and them.)

      Just give them written confirmation. Use Fax if possible as it considered a legal document and get the machine to give you a receipt.

      You can try email, but it is hard to get the logs of the receiving server to prove you send it on a particular day.

      But morally are you entitled to a refund as you admit you made the mistake of ordering the wrong one and damaged the outside packaging by opening it?

      Reply
  • Emma 22 March, 7:06 pm

    I upgraded my phone 2 weeks ago with 3 network. The phone developed some faults as the touchscreen buttons stopped working. I took the phone back to a three store and to begin with seemed happy to exchange the phone as it is within the first 28 days, however because i didnt keep the box the phone came in they are refusing to exchange the phone and instead want to send it away to be repaired.
    I have got my receipt and contract, phone charger, earphones etc that i can return just not the box as i didnt believe i would need it again. I really would rather they exchanged the phone for exactly the same phone model, as i am weary that the phone i am taking back is obviously faulty, and i do not want the phone to keep braking and keep having to go out of my way to get to the three store in Nottingham.
    Any help that you give would be greatly appreciated.
    Thanks,
    Emma

    Reply
    • Stuart Halliday 22 March, 11:46 pm

      You have little say in the matter. The law states the supplier can repair or replace the item.

      The box is part of the item. So if this is missing or damaged, the shop will often lean towards a repair. Best to get shops to open the packaging themselves I find.

      BTW, if the phone breaks down again, then you can ask for a replacement as the item supplied is not “fit for purpose”. If they can’t offer that, get a refund.

      Oh and also keep the SIM if it gets replaced. It has your phone number!

      Reply
  • Marie 24 March, 8:05 am

    Hi,
    I bought a pair of shoes from Primark and only worn them inside. I noticed that I got an allergic reaction to them after the first day wearing them. Do you think I can get my money back?

    Reply
    • Stuart Halliday 24 March, 1:19 pm

      It boils down to whether or not you knew you had a allergic reaction to certain materials.

      If you did, then surely you asked or looked at the item for a list of ingredients. Then having found no reason to believe they would be harmful you purchased them. The items would be not ‘fit for purpose’ and you are entitled to your money back.

      If however you didn’t know you had a reaction to certain materials, then it’s unfortunate for you and just plain bad luck. Why should the shop be out of pocket for your particular DNA? :)

      If you know its a chemical reaction with your skin, you could simply wash the shoes thoroughly, the wash may get rid of the chemical and you can wear them again?

      Reply
  • Steve 26 March, 4:52 pm

    I bought a Multimedia player last week and have today returned the item due to a large number of bugs/faults.
    The store manager accepted the return, stating that he would need to test the item for the listed faults. This will take 1-3 days.

    I know the manager cannot replace with an identical unit as this will have the same problems as the returned unit (Problems lie in the Firmware/Software on the device), and for that reason the item cannot be ‘repaired’ in store.

    I also know that the manager does not stock a ‘like for like’ item for replacement.

    As far as I know this only leaves him/me with the option of a refund (Please correct me if this is incorrect).

    My question is this: If/when a refund is offered or asked for, do I have to accept store-credit or can I ‘demand’ a cash refund? (I paid for the item in cash and would prefer cash to store credit due to a lack of stock of similar items).

    What should I say if the manager says he can only give store credit and not cash?

    Any advice would be greatly appreciated.

    Reply
    • Stuart Halliday 26 March, 9:00 pm

      I had the very same problem last year.
      Lots of cheap media players under ~£80 are simply awful I’ve found.

      The Media player I bought had lots of software flaws and even a video flicker every 3 minutes.

      I returned the item to the store within 3 days (though time isn’t a real issue as it’s a fault in the manufactured product. So I was entitled to up to 5 years in theory. But best not to go past a month!).

      As you said, the other products offered were exactly the same and so in my case I got an offer of a exchange for a different model or a refund.

      I took the exchange myself.

      But I would have been 100% entitled to get my money back as the goods were not ‘fit for purpose’.

      As it happened the second model had different firmware issues and this time I allowed the shop to contact the manufacturer and they tried to fix these issues by offering me a Firmware fix. Which I did. But this only caused other problems with it.

      So I took it back after a couple of months and got my refund. I had kept the shop support fully informed by email and this kept everyone happy which is important.

      So you do not have to accept store credit or an exchange unless you wish.

      Say to the manager, this item is not ‘fit for purpose’ and as the shop can not offer me a working version of the product, I’m entitled to break my contract with the shop and get my money back under the sales of good act.

      Section 48A & B is the section you need t read.

      In the end I got myself a WDLiveTV Player… Very happy with it. :)

      Reply
      • Steve 29 March, 6:43 pm

        Thanks for the swift response, sorry I couldn’t reply as quickly.

        My situation is now even more similar to the one you were in, Stuart.

        On Tuesday 27/3 I received a call from the store manager/technician, acknowledging that the player did have all of the ‘faults’ I had listed. He said that he had been in touch with the player’s manufacturer who in turn acknowledged the faults in the firmware.

        The manufacturer sent a new firmware which was then flashed onto the player and it did indeed fix 99% of my gripes.

        Yesterday I went to collect the player and insisted the manager/tech showed me the now working functions of the fixed firmware, which he was happy to do.

        All of my listed problems appeared to be fixed so I accepted the repaired player and brought it home.

        Today I decided to try the player out and sure enough I find half a dozen more problems with the player/firmware.

        At this point I feel that I have given this item enough chances and would now definitely like a cash refund.
        I am taking the player back to the store tomorrow and would like to know If I do now have the right to ask for a refund.
        Do I have to give the manager more chances to repair the item? If so how many more chances before enough is enough?

        I am relatively tech-savvy and know for a fact that this player will suck up lots of time and will probably never function 100% correctly.

        Another reason I want a refund rather that getting another repair is that it is costing me £7.60 in bus fares for each round trip to the store…So as of tomorrow I am already £30+ down by buying and returning this item (which cost £104) .

        So, can I ask for a refund? and once again, is there anything I should quote/say if the store manager doesn’t want to cough-up my money?

        Thanks in advance, Stuart, any/all help advice is appreciated.

      • Stuart Halliday 29 March, 9:04 pm

        Yes, seems similar to my issues.

        You have allowed a chance for the shop to rectify the problem and the player is still for ‘fit for purpose’. You have been reasonable and now under the sales of goods act you can ask them to try again or ask for a refund.

        Just tell them as per the previous reply.

        The item is not fit for purpose and you have been reasonable in allowing the shop to attempt to fix the item and they have been unsuccessful. Mention you have been inconvenienced and are out of pocket due to the faulty goods.

        Therefore under the Sales of Goods act, they have broken the contract and you should get a full refund.

        As you paid by cash you are 100% entitled to cash back.
        You do not have to wait for some reason. The manager/assistant manager whoever is in charge of the shop just needs to hand over the cash immediately.

        You will be expected to sign a receipt (for the money) and perhaps give a name and address. This is normal.

        Any further problem tell them you’ll be speaking to your local Trading Standards Officer. Find out their name/telephone before you go down if you feel they may be fussy about giving you your money back right away.

        Never at any time hand over the original receipt.

        I find it helps a lot if you know in advance who the TS officer is and don’t be afraid to mention their name in passing of course! :)

        http://www.tradingstandards.gov.uk/

  • Emma 26 March, 6:32 pm

    Hi,

    I bought a ceramic mold for glassmaking. A member of my household signed for it while I was a work and when I opened it I discovered it was broken. I went to the companies website and saw that in the returns information they state “All goods are shipped at the risk of the purchaser” and “Claims for damaged goods must be made to the carrier” Isn’t this against my consumer rights? I just wanted to know if they are legally allowed to do this and where I stand so I can figure out how to get a replacement or refund. Thanks

    Reply
    • Stuart Halliday 27 March, 7:31 am

      Shops often use a Courier to sent items and it is imperative that the receiver spend time to open and inspect the goods before signing them off as received and in good order.

      In effect you and the Courier have made a contract.

      You’ll need to take the matter up with the Courier as the person who signed for the goods has stated that the goods were in good order.

      When I sign for goods, I always mark on the form, that the item is unopened and uninspected. That at least covers me legally.

      In future always wait and open the goods and inspect them before signing off. The courier may dislike it. But that’s a legal requirement these days.

      Reply
  • fraco 28 March, 7:53 pm

    Shopping at morrisons my coat got slashed on faulty shelf edge they except liability but wont pay without receipt, i cant find it but the coat is four months old and i was under no legal obligation to keep receipt for coat after 28 days anyway but had it been an electrical item i would have kept receipt. I went to shop i bought coat no longer available but cashier said if morrisons called the store they could confirm the coat was being sold and for how much at that time so is this enough?

    Reply
    • Stuart Halliday 31 March, 10:51 am

      Sorry but why does the shop need a receipt to give you damages for a faulty shelf that has caused your clothing damage?
      You just need to prove how much your coat was worth. No receipt required. Contact the clothing store and get a quote from them?

      Yes, you do have a legal obligation to prove ownership for the whole period of the guarantee/warranty.
      Though this can also be done if you used a credit/debit card statement. But the receipt is usually quickest method.

      Reply
  • janey 28 March, 9:11 pm

    Hi,

    I have bought a kenwood electrical item from debenhams and the box seal was open. I now want to return it because its too small but i have not used it and still have my reciept which says refunds within 28 days.

    Would there b a problem when I take it in?

    Thanks for your help

    Reply
    • Stuart Halliday 31 March, 10:58 am

      Because the item is fit for purpose and is presumably working correctly then you’re in error of buying a product that doesn’t fit your requirements.

      So technically the shop doesn’t need to offer you a refund or exchange.

      But often shops have extended T&C beyond the sales of goods act. So perhaps these will cover you?

      Whether or not the box is open is not important. Plus you probably can’t prove that you didn’t open the seal yourself.

      I usually ask the cashier to place on the receipt a message that the box was already open when purchased.

      The shop will not be able to sell the item at full price because it has legally become a B grade item.

      So perhaps agree to a reduction of the refund and a swap for the correct item? This usually works.

      Reply
  • Emily 29 March, 4:19 am

    I bought sandals from a loft store a few days ago. The first time I put them on, I tried to tighten them and a piece of the buckle broke off completely. Should I bother trying to return them?

    Reply
    • Stuart Halliday 31 March, 10:42 am

      Loft store?
      If you have the receipt, then sure take them back.

      Reply
  • Marion Carnell 29 March, 9:36 am

    Help! My daughters boyfriend recently purchased an amp for his electric guitar from an online music company. When it arrived it was faulty and he therefore sent it back. The company provided him with a replacement, however this was also faulty and he has had to return it. The store where it was purchased from said they would be happy to refund him his money, however the issue was referred to their head office who have now said he cant have his money back as the return did not comply with their returns policy in that the amp was not in its original packaging (although it was packaged to prevent damage). They are now refusing to refund his money. He is £250 out of pocket and no amp! Where does he stand with his staturory rights? Many thanks

    Reply
    • Stuart Halliday 30 March, 11:16 pm

      State of the packaging is not usually a valid reason to not refund a customer via the Distance selling act.

      http://www.out-law.com/page-430#Refunds

      Tell them that.

      But see their Terms and Conditions. Perhaps their T&C did include this clause in his contract with them?
      Perhaps he agreed to these T&C by clicking on the web form?

      Technically the packaging can be seen to be a part of the goods. Especially if it is full colour, etc.

      Reply
  • Dave 2 April, 12:15 am

    Hi

    I booked and paid for an overseas hotel room online via a uk booking agent. I paid extra for a ‘deluxe’ room in the hotel. When I checked out of the hotel I was given an invoice. When I reviewed this when I got home I found had been in a standard room. There was a significant difference in price over the length of stay. Am I in a position to make a claim for a refund of the difference in price for what the room should have cost and what I did pay?

    Thanks

    Reply
  • David Wynne 3 April, 9:25 am

    HI. Warranty issues are a nightmare. Is there any chance you could clarify things.
    An item has a warranty provided by the maker, usually one yar. Then we hear that EU warranty law says that items are covered for 2 years. The we hear that in the UK there is a 6 year warranty and 5 in Scotland.

    What are the facts what do these differing warranty periods mean?

    Thanks, David.

    Reply
    • Stuart Halliday 4 April, 9:57 pm

      Ah, this is set out in the Sale and Supply of Goods to Consumers Regulations 2002.

      http://www.legislation.gov.uk/uksi/2002/3045/contents/made

      There is no legal minimum warranty from a manufacturer. They can set any minimum period of time.

      But there is a legal requirement (it’s not called a warranty) for consumers to have protection of 5/6 years in the UK for the product to be free of inherent defects.

      So if you bought a item in the UK and found the item had a fault that you can reasonably prove was in the item right from the date of purchase then the manufacturer has to fix the fault, even if it is 5/6 years from date of purchase.

      So even if 5 years had passed from date of purchase, if you find a defect in the item that was there from the start it is on covered by this act.

      We are fortunate that the UK has such a good long period of 5/6 years as you said. Most EU countries it is 2 years.
      So if you buy goods outside the UK and within the EU, it’s 2 years.

      But please note you can not call this a warranty, it isn’t. It is simply a right to get a product free of defects from day one.

      See
      http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained/

      Open up section 12.

      or
      http://news.bbc.co.uk/1/hi/magazine/8253915.stm

      These may help to clear things. :)

      Reply
  • Stuart Halliday 3 April, 8:05 pm

    If your contract with the booking agent states ‘deluxe’ and you can get a definition of ‘deluxe’ from ‘standard’ from the hotel, then you have a case for getting a partial refund from the agent.

    Make sure the mistake wasn’t the hotel’s though.

    Reply
    • Dave 3 April, 8:13 pm

      i suspect it could have been the hotel’s fault – I produced a printout of my booking form when I checked in and it stated deluxe on it. Where does that leave me?

      Reply
      • Stuart Halliday 4 April, 7:38 am

        I suggest you ask the Hotel for confirmation in writing of the type of service you got before contacting the agent.

        Then show this to the agent as they are ultimately responsible, not the hotel. They will then no doubt try to get a refund from the Hotel, etc.

        But like I said you bought a service from the Agent and you are entitled to a refund because you didn’t get what you paid for.

        Do not be put off if the agent claims to have to wait for the hotel for confirmation, whatever excuse. The issue is with you and the agent, not the hotel.

  • john 4 April, 4:50 pm

    i recently bought a bike that was described as having ‘disc brake mounts’ and gears via a cassette mechanism which “replaces the freewheel mechanism of years past for lighter weight and more durability”
    i didnt know much at all about bikes but this description sounded like i could upgrade components as and when i needed to. after 3 weeks use i decided to upgrade the gears but found that were in fact an inferior mechanism to the one described. the brake mounts are also not included with this bike. i would now like to return the bike as it was not as described in the spec, however it has slight damage from being used. where do i stand in terms of returning the item?

    Reply
    • Stuart Halliday 4 April, 8:42 pm

      Sounds like you misunderstood or the description is vague as to what the bike had to offer. Under the Sales of good act you have to get a valid description and/or advice from the shop. It is up to you to get any further advice from the seller, etc. before you make your decision.

      If you can prove that the bike was mis-described then sure you have a case of not ‘fit for purpose’.

      But if it is damaged then you can not usually get a full refund as the shop will suffer financial loss if it tries to resell it. But see their terms and conditions as they may give you extra benefits.

      Reply
  • Michelle 5 April, 3:06 pm

    Hi, I bought a scooter from a shop (motorbike type scooter!) They wouldnt let me take it for a ride or even move it around the shop – just sit on it where it was in the very packed shop! When they have deleivered it I have realised it is too heavy for me and I cant move it safely – surely they should have been able to see this would have been the case when I bought it as I’m very skinny! I relied on them for accurate avdice being the ‘experts’. Do I have any rights to a refund? Thanks.

    Reply
    • Stuart Halliday 8 April, 10:05 am

      It is often up to the buyer to insist on trying an item out before purchase.
      Technically the item is fit for purpose (even if it is for an average person to move) so you can’t get a refund.

      If you had asked to move it and the sales person gave excuses, then you may have a case for a swap/refund.

      When the item arrived you should have inspected it and either accepted or rejected it. No doubt you were asked to sign a form saying the item is ok for you. So the shop could say you accepted it.

      But talk to the manager and see their terms and conditions as they may offer a swap. I suggest claim it is “not fit for your purpose”. :)

      We in the UK are often too quick to sign off on delivered goods to our house or to ask the shop to try it out or ask those difficult questions like how much does it weight because we don’t want to inconvenience the sales staff.

      If you paid via Credit Card you may have additional rights.

      Go back to the shop quickly and tell them you’ve not used it.
      There should be a log book with it and they may have records of the mileage, etc.

      Reply
  • Rick 11 April, 1:44 pm

    Hi can I please check where I stand with the following;

    My mum (accompanied with my aunt and cousin) have brought a new gold braclet for her grandsons first birthday from a gold jewellers in Southall on Saturday. Upon showing the braclet to my wife and I, we noticed that there are two holes on the inside aspect with a small crack, hence is faulty. The worrying thing is that my mum who is a bit naive in these matters was told if she wanted a receipt then they would charge her more due to having to add vat??? as the cost was £375, hence by not charging her the vat – receipt she could have it for £350. Now as she paid by cash am I right in understanding that we have no rights, as you can understand I am fuming at this shop and am intending to phone in a bit, as its hard for me to go back asap due to living about 60 miles away. I am also tempted to report this to the local trading standards and HMRC for tax, but at the moment need advice as to a refund as I smell something dodgy!

    Reply
    • Stuart Halliday 11 April, 9:44 pm

      Sounds like she may have been conned into taking faulty or maybe even stolen goods?

      If she got a receipt with a VAT number on it, then it may be they simply offered the goods at a discount with them effectively absorbing the VAT?

      If not, then as she accepted the advise of the person she may be libel of receiving stolen goods if she doesn’t report it.

      It is of course illegal to accept goods that you know that are suppose to be VAT rated and aren’t. If they have indeed done this, the VAT/Trading Standard people would no doubt be very interested!

      Remember it may not be the shop, but the person she dealt with…

      Reply
    • Stuart Halliday 11 April, 9:46 pm

      I should have also said, take the item back with the receipt and say it is faulty. Can they repair it or refund it?

      Of course if they take it and don’t give you it back….?
      You get my meaning.

      Take a Witness?

      Reply
  • Rick 11 April, 10:06 pm

    Stuart many thanks for your reply, unfortunately my mum didn’t get a receipt as when she asked the sales person said that they would charge her extra/vat for her to get a receipt! This obviously set alarm bells ringing with us when we asked about the receipt due to the fault. The shop is a well known so I’m pretty sure they don’t deal with stolen goods my main concern is getting a refund (the bracket I forgot to add was supplied in their own box with company details) but other than two other people that went shopping I have no proof of what was paid as Indian jewellers tend have adhoc prices that change from day to day If not customer to customer.

    Reply
    • Stuart Halliday 12 April, 4:18 pm

      Then with no receipt, you’ll need to get proof of purchase somehow.

      The shop will have CCTV footage no doubt and so your Mum can prove she bought something. But if the person behind the till was doing something illegal, then it may be erased.

      Ask to speak to the manager?

      Reply
  • Hayli 11 April, 10:38 pm

    PLEASE HELP!!

    I have a dilemma regarding my Daughters car seat. I purchased the rather expensive & well known brand of car seat in July 2011 and yesterday the reclining mechanism broke! Allowing it to move freely while she is in it! I took it back to the shop I purchased it from who fobbed me off referring me back to the manufacturer. I’ve done some homework and found that the contract is between me and the retailer. I can’t seem to find any specific information where safety is concerned. They have offered to repair the seat which I am not happy with and wouldn’t feel confident using a “repaired” car seat. So for that reason I would prefer a replacement seat.

    Could anyone advise if I would be within my rights to ask for this??

    Thanks

    Reply
  • Holly 11 April, 11:16 pm

    i bought some shoes from the house of Fraser sale on the 13th of Feb 2012 and now i wish to return them, they are still in the box, i have the recipt they are unworn, and barley been taken out of the box. would i still be able to get money back on them or is it way to late now? help would be much appreciated!

    Reply
    • Stuart Halliday 12 April, 4:22 pm

      You have no right to return them under the sales of goods act the minute after you bought them.

      Only if the items are faulty or not fit for purpose (and you needed to have stated that purpose to the shop at the time) can you return them for a refund or exchange.

      However read the shops own terms and conditions as they may give you extra rights.

      But the length of time you have had them is beyond any reasonable time by most peoples standards, it’s usually a week to 28 days max.

      Chalk it up to a bad buying experience? :)

      Reply
  • Dan 17 April, 9:47 pm

    I bought a PS3 from CEX today. I got home and it absolutly stinks of cigarettes. I am not happy. can i return it tomorrow and get a refund?

    Reply
  • Adrian 18 April, 11:09 am

    Bought a bike for my sons birthday last sunday. Paid in full in the shop & said that we would collect this saturday, during the week he has decided it was the wrong one, can i get my money back as we have never actually taken the bike?

    Reply
  • Geoff 19 April, 6:36 pm

    I bought an opt list of 24,000 email addresses of property investors. After 6 email promtions we hadn’t received a single response so I sent them a letter asking for our money back, and I got and email back from them saying that they are scammers “HAHA WE SOLD TO YOU DEAD EMAIL ADDRESSES”. what legal action can I take?

    Reply
  • Brian 23 April, 8:16 pm

    Hi. I work for a charity which sells second – hand household furniture etc. We give a 30 day warranty on electrical items, which is stated on our invoices.

    A lady that we sold a cooker to 9 weeks is complaining that it doesn’t work and she wants her money back.

    Is our 30 day rule legal?

    Reply
  • lauren 26 April, 1:58 pm

    HEEEELLLLLLLLLLPPPPPPP PLEASE
    Hi,
    I brought a jacket from a shop in brighton 2 days ago. I have changed my mind and want a refund I rang the shop and they said they would only exchange.
    I had NO idea that I could not get a refund. There was no signs and no one said you could not have a full refund only was prin5ted on recipt AFTER purchase.
    Can I do something about this?

    Reply
  • Chris 26 April, 2:05 pm

    Hello there,

    I bought a TV aerial from a second-hand shop recently (with a 60-day warranty) and it doesn’t work properly. I took it back for a refund and they said they don’t have to give me a refund, they will test it first, then if THEY find it faulty, they will replace it with another one – but I will have to wait for them to get another one in. Is this right?!

    Reply
  • Marcus 2 May, 1:26 am

    HI PEOPLE please reply!
    I bought a Laptop in december and it got a 2 years gurantee.
    Since Christmas it has broken 3 times and i’ve had to turn it in everytime, so i’m starting to get pretty pissed at this shitty product
    that i’ve bought do you think i could turn the computer in and get a refund?

    P.S One time they had it under repair for 3 weeks… I mean that is just crazy!

    Reply
    • Stuart Halliday 2 May, 9:46 pm

      Just state that you’ve allowed the shop 3 times to repair the item and they’ve failed.

      Just tell them you do not think the item is “not fit for purpose and not of merchandise quality” and despite allowing them 3 attempts to fix it they seem unable to and you wish to exchange it for another model or a refund.

      Under the terms of the sales of good act they have to abide to that.
      There are plenty of similar cases to yours on this very web page if you care to look.

      P.S.
      A 3 week repair time is not unusually long for a complex piece of kit like a laptop.

      P.P.S.
      Do not be put off if they claim they have to send it off to the manufacturer or something first. Your claim is with the shop and the shop only. :)

      Reply
      • Marcus 4 May, 1:59 pm

        Yea about the shop… I bougt it on the internet, it’s a laptop from Asus.

      • Stuart Halliday 5 May, 9:31 am

        It makes no difference legally.

        If you paid via a credit card, then contact them too as you’ll likely have extra rights.

        Just send them a letter or phone them.

  • Craig 3 May, 11:13 am

    Hi all,

    I brough a UV water filter from a business seller on eBay (who also has a web shop selling the same merchandise). I used the buy it now option & the filter has developed a fault. I purchased it 6 weeks ago, so can’t use ebay or paypal schemes to request a refund & the seller although responding, is only offering a repair on one part – even though others are also damaged which were all caused by the part that they are offering to replace.

    The fault is with one ballast having a warp / crack, which has caused water to get into the electronics (which blew the plug fuse), this then led to one of the bulbs failing prematurely. They says the bulb is a perishable item & isn’t covered & they will replace the damaged ballast. There is also glass sleeve that goes over the bulb to prevent the bulb coming in to contact with the water, which has turned yellow inside (it looks like burnt on limescale) due to the way the bulb blew – They also class this as a perishable item, but if the bulb had just died from normal use the glass sleeve wouln’t have been stained from the inside.
    The other ballst isn’t yet cracked, but does show signs of stress / warping & I have raised my concern that even after a repair, that it’s likely that this ballast would also need to be replaced.

    They’ve said that they are going above the standard warranty conditions as no manufacturer would replace / repair an item which is damaged by misuse (water ingress). I had not previously opened the unit except on their say so, when I reported to them that one side had stopped working & I was suprised that if the bulb had gone that it had taken out two fuses – I asked if this was normal. They then told me to open the unit & check the starter & bulbs.

    I have explained to the seller that I don’t believe the unit is fit for purpose & is of insufficent quality, but they are still arguing with me. I don’t feel safe in running water through the unit (especially if only one side gets repaired) in case the fuse doesn’t blow in time next time. It may not cause a fire, but could just as well electrocute anyone who puts their hands in the water.

    Any advice / guidance would be apreciated.

    Reply
    • Stuart Halliday 5 May, 9:37 am

      Sounds like you need to get an expert opinion to confirm you haven’t damaged it yourself.

      If you paid via credit card, you will likely have extra rights.

      Contact their local Trading Standards office and ask them about the company and perhaps make a complaint?

      Reply
  • Paul Austen 7 May, 8:27 am

    I purchased abrand new caravan 4 weeks ago costing over £12000 including trade in of my previous caravan.. I took it out this weekend and because of the rain found that rain water seeped inside via the rear panel.

    Now I am concerned that this will likely rot this panel in time and in any event cause damp issues with the caravan. Would I legally be able to ask for my money back as the caravan does not meet expected quality standards i.e. keeping the rain out?

    I think the cause is due to faulty sealant and suspect that the dealer will likely try to just replace the sealant. But a damp problem would affect any future trade in value when I change my caravan in the future.

    Reply
  • Helena Martins 7 May, 6:32 pm

    I attempted to return a sweater to Debenhams, given to me as a Christmas present 4 months ago, therefore without a receipt. It has only been worn half a dozen times, never put in a washing machine, but is coming apart at the collar. It cost £45, and the store has offered me £15 as a credit towards a similar item (the original no longer being in stock). My gripe is that although they have a similar item, priced identically, I am loath to pay an extra £30 to replace the original faulty item. Their reason for refusing to offer me the full value of the sweater is that I do not have a receipt, and there is nothing more they can do for me. Are they in breach of the Sale of Goods Act?

    Reply
  • Brian Mack 8 May, 3:38 pm

    I purchased a Toshiba lap top 05/04/2012 and at the time of purchase I explained to the sales staff that It was to be used at my second home in Spain. On my return to Spain on the 09/04/2012 I registered my Lap top on the Toshiba web site (Toshiba EU) On the 27/04/2012 while I was sending an e-mail to lap top froze, I contacted Curry’s to inform them of my problem only to be informed that I would have to return the unit to the UK for repair or replacement. I asked why as I have a Toshiba EU warranty, only to be informed that the warranty for my lap top was sold onto the retailer and Toshiba was no longer responsible. I have since spoken to Curry’s many times only to be told that I would have to return to the UK with the lap top to get it replaced. I have requested a full refund only to be informed again I would have to be in the UK for this to happen. Why when curry’s have my details as I paid via debit card. I have given them three options that is to exchange for a different model as I have lost all faith in Toshiba. To up grade to an apple ipad and I will pay the additional cost, and to give me a full refund. ALL have been rejected and I I’m being told is that I have to be back in the UK for this to be done. I have returned the lap top to the UK and it should be back with Curry’s this week to a branch in Manchester.

    What are my rights on this?

    Reply
  • Mrs C 9 May, 11:38 am

    I purchased a dress via an online site in a sale. It was a Bridesmaid dress to match another two previously purchased. When it arrived, it was very obvious that the had sent me the wrong item. I immediatley tried to call the firm (they now only answer to emails) and started a to and fro about if they could get me another – they could not, now sold out. I advised them immediatley that they had sent the wrong item and I needed to resolve the situation.
    As it was a sale item, they gave me 14 days to return, it was posted (I have proof of sending) two days before the 14 days was up.
    They are now not responding to emails, and another 3 weeks later I still have not been refunded. Is there another way I can get the money back I am owed?
    Paid by Debit card, alerted to them immediatley to their mistake, my delay in posting back within 7 days (distance buying) was my question to them around if I was able to return two other dress I had bought for the bridesmaids when it became obvious that they would not be wearing matching dresses on the day. However the dress was retuned in the 14 day limit they imposed.
    What more can I do other than turn up at headoffice and stamp my feet?

    Reply
  • S Bolton 10 May, 8:43 pm

    I bought a tv from argos in september for my elderly uncle of 91, the tv is totally broke down he is housebound so his only interest is his tv. I called them and they said that he has got to have it repaired and that it could take upto 7=10 days for its return I have asked them to loan him a replacement while the repair is taking place and they have said no, can they do that and also can he have a refund or replacement gas he got to have it repaired I still have it in my car to take back to argos so a urgent reply would be appreciated, thanks

    Reply
  • Simone 17 May, 4:31 pm

    I recently bought a wedding dress from a reputable bridal shop – it was an ex-sample dress and had been tried on. I was told it needed cleaning and a tidy up. No faults were pointed out to me, although I noticed a few. These were easy to repair and had no issue with them. A few days later, on examining the dress to see what was needed, I discovered a 3 inch tear in the lace which had kind of been patched up and was coming undone, on a part of the dress on the bum (so would be on display!). I was very annoyed and rang the shop and was asked to bring it back so they could look at doing a repair. My sister examined the dress and unpicked the haphazard repair to see what was damaged, and we decided it would be a patch up job to fix. I wasn’t happy to wear a dress with this fault, so returned to the shop and asked for a refund, on the basis that that had not pointed out the fault and it was significant. They didn’t want to refund me and said they had a ‘sold as seen’ policy with no returns and would only offer to repair it. No policy was publicised in the shop, before or during or after the sale or on the receipt. I paid over the phone as they would not save the dress for me otherwise, so there was good will on my part and a reliance on their reputation. I no longer want to wear the dress and am so stressed at having to sort this out. I left the dress with them but have called to say that I think this goes against my statutory rights and think I am still entitled to a refund. Am I right? and how do I enforce this? they are very stubborn and I’m find this upsetting. Help!

    Reply
  • Lisa wills 28 May, 12:50 pm

    Hi I went to a suit shop to get my son one for my sisters wedding on Saturday. The woman explained you wear black trousers with the waistcoat which is grey at the front. they had to order the trousers in. I paid and left the shop. I thought about it and realised this is going to look silly with two colours so I went back within 5 minutes and explained I want it completely matching. she noted this down. They have rang me today to say it’s ready to pick up. I asked if it’s matching. The woman said no and stated I won’t get it matching yet every other suit I seen is matching with the waistcoat. I told her I made it clear before she even put the order in I wanted it matching and if it’s not I want my money back. I was told he will give me a credit note but u don’t like any of their other items! can I get a refund considering I haven’t even taken it our of the shop yet?? It’s not going to be fit for it’s purpose. What are my rights here??

    Reply
  • carl 30 May, 9:54 pm

    Hang on, this person has bought second hand electronics and is demanding a refund simply because it requires batteries? according to the law this is not grounds for a refund, people often quote the trade and sale of goods act of 1979/1994 which clearly states that a customer is not entitled to demand a full refund if the item is fully working but the customer has simply changed their mind, the store has offered store credit for the item whoch is the correct course of action. But I am afraid to say that pressing for a refund simply beacuse it didnt come with 2 AA batteries is unreasonable and to be honest, beyond petty.

    Reply
  • Florie 31 May, 5:33 pm

    I need HELP and quick. I ordered goods over the Internet and it was over 30 days for the arrival, am I entitled to keep the goods and get a refund?

    Reply
  • Jen 2 June, 7:43 pm

    Hi
    I have bought a bottle of perfume from boots today and then in the same store i got a beauty treatment then went home, when i got home i realized i had left it in the store either at the counter that i bought it from or it was taken while i got me beauty treatment.
    Will they have any respondibility to replace it if i have my receipt
    Thanks
    Jen

    Reply
    • Stuart Halliday 16 June, 9:33 pm

      Only if you can prove you left it.

      They should have CCTV footage they can look through to prove your claim.

      Most shops put lost items in a storage area and wait for the customer to pick it up. So take your receipt and ask them about it?

      Reply
  • Christine 3 June, 1:37 pm

    Hi
    To Paul with the brand new caravan, you should have warranty on the caravan and should contact the dealer who sold it to you and tell them that the rain is coming in through the rear panel. They have a duty to get the caravan repaired properly and not have water seeping in. The job will be done professionally and up to the required standard and will not affect the saleability of it in the future. As for getting your money back I am not too sure if the dealer would wear this one but you can try by all means but I think that you should at least give them the chance to repair the caravan properly.

    Reply
  • Christine 3 June, 1:40 pm

    I bought a new Dishwasher from a well know store and it was delivered on Thursday 31st of May 2012. The guys who delivered it had already taken it out of its packaging and as I am disabled I told them to just place it in the corner where I required it to go ready to be plumbed in, anyhow this morning the guy comes to plumb it in and notices that the Dishwasher is damaged and he says that I cannot use it and this must have been done in transit from he warehouse to me. I signed the form stating that they had delivered it but never had the chance to look at it properly as they slotted it in for me as I cannot get around much. There is nothing I can do until Wednesday at the earliest but am I entitled to my money back as I have not used the Dishwasher and it is damaged? any help would be appreciated.

    Reply
    • Stuart Halliday 16 June, 9:31 pm

      If the form you signed said you have examined and found the item delivered OK then its your fault for not looking at it correctly.

      Delivery forms are notoriously bad for this.

      I always sign next to my name that the item is not inspected or not opened. This gets me out of that legal loophole.

      Modern electronic delivery forms devices are bad IMHO. You are entitled for a copy of the form they ask you to sign. So I always ask for a printed copy. :))

      But now the deed is done, ask the Seller of the white goods for their advise. If you paid via credit card, you’ll have more protection so contact them.

      Most people are reasonable?

      Reply
  • Joanne Adair 6 June, 2:41 pm

    Hello. On Sun 3 June I reserved a 3 items online with Argos, on Monday 5 June my daughter paid and collected the items, she was sold on 2 of the 3 items, we weren’t charged for the item missing. I’ve been back into the store today 6 June and asked for a refund, i was told that they won’t acceppt camera equipment back as I could of used it. The camera needs batteries of which i don’t have, anyway because i enetered into a contract with Argos only to not be sold the items correctly surely this means that Argos have breached their own contract and i should be enititled to a refund or an exchange. Please advise.

    Reply
    • Stuart Halliday 16 June, 9:26 pm

      You are not entitled to a refund just because you have found out you dislike some aspect of it.

      If you had asked for XYZ Camera, and they gave you that Camera, then the fault is not with them.

      If you have ‘accepted the item’, maybe by opening the box and switching on the camera, it could be reasoned you have legally accepted it.

      At time of purchase (or before) the onus is on you to determine if the product is suitable for you. Not the shop or the staff. Do not assume anything!

      Best to ask Argos staff to view the product and ask them questions before paying for it. They do allow this. But often they appear reluctant due to their style of selling.

      But never mind that, you have the right to inspect the goods before paying. :)

      If you had paid for it via their web site, you would have had 7 full days to play with the camera and then reject it once you’ve examined it.

      You get more rights via phone or Internet purchases! :)

      Reply
  • Brian 11 June, 11:01 am

    I bought a pay as you go mobile phone that I believe to be faulty. the battery does not last long, it will not allow me to add contacts because of errors in the software and it has run out of memory when I try to update it.

    the company say that I am not entitled to a refund but they will send it for a repair. Am I not entitled to a refund or repair? I have only had the phone one month.

    Thanks

    Reply
    • Stuart Halliday 16 June, 9:17 pm

      Sure are entitled to a refund.

      Just say “The phone is not of satisfactory quality and not fit for purpose.”

      They have to give you a refund if it is returned within a reasonable length of time from purchase. See previous postings on this topic.

      Reply
  • steven tu 14 June, 7:52 pm

    hi i responded to an advert on my phone web browser and was taken to a questionaire regarding a loan, i filled it in and was therefore refused a loan due to my bad credit. i was then bombarded
    with 50 text’s a day, all of which have refused me a loan and are utterly useless. i was charged £70 for the privelidge of being in some company’s database who go by the name “myloan.co.uk” or
    “enhance financial services”. i have therefore tried to claim
    a refund as i have not recieved a loan (as i was instructed by my bank that the will refund me if i failed a loan application),i have never accepted or needed this companies service and was not
    shown the companies policy of charging £70 for something which is utterly useless to me and i feel like i have been deeply scammed,i have been lied to on all the occasions i have phoned,
    sometimes stating that my loan has been cancelled, others that i need to fill in a questionaire which has never been offered to me. i have been faced with massive delaying tactics. i am very
    sick and the loss of money has caused me great financial difficulties. all i want is a refund for a service i will never use(they supposedly offer a forum for my charge),never accepted or aknowledged. i would not of looked if i knew the problems it has caused me financially. please help me get my money back and stop them from doing this to another person.

    Reply
  • Stuart Halliday 16 June, 9:14 pm

    Yes, sounds like you’ve been rather naive and scammed.

    From what you’ve said, you tried to get a ‘bad credit’ rating wiped or cleared in order to get a loan?

    You do not have to pay any company to get a loan. No company can clear or wipe a ‘bad credit’ status just by giving you money.

    Never, never reply to spam on your phone or email. Always check to see if the loan company is real and trading officially. Don’t go by their web site of course.

    If you paid it via Credit Card, you can probably claim it back via the card company.

    Contact Trading Standards/Police to report the crime?

    Reply
  • Adeeba 28 June, 1:04 pm

    Hi, I bought a package of facials at Sen in Spitafields, a chinese medicine shop. The shop is now closing down and telling me they will post me a cheque as refund. However, they are only giving me an email address to get in touch in case I don’t receive my cheque – emails are bouncing back from that email address. What am I supposed to do?

    Reply
  • James C 5 July, 2:00 pm

    Hello, I have purchased a product, and 15 days later the price has been reduced by 15% within the same company, am I entitled to get money back off the product – of which has not been used? (Go Outdoors / Tent) Many Thanks.

    Reply
  • sammy 8 July, 6:01 pm

    Hi, I purchased a few clothes from topshop online (made two separate orders), they did not fit and I decided to get a refund in store – incidentally this store does not sell the exact items, nontheless it is normally still fine to return the items to any Topshop store. I was told by a rude employee to wait while she went in the back with half of my items for about a minute – presumably she spoke to the manager. She then returned telling me my items were no longer in saleable condition – when I asked her how so she replied they were smelly, and when probed stated they smelled of food and ‘kitchen’. I did not wear the items in the kitchen nor around the house, I literally tried it on in my bedroom and put it in a bag. I asked about another item and she quickly smelled it and stated it smelled too which I knew was impossible as I had not tried on that item as it was too small in the first place. What could I do about this?

    Reply
  • Peter 21 July, 9:08 pm

    I bought some non-perscription tick and flea treatment from the vets but my partner had already bought it from another place. Do I have any rights to return the product for a refund or is it simply up to the good will of the vet? Thanks.

    Reply
  • Andrew Smith 31 July, 7:33 pm

    hi, i recently bought a 2 seater and single seat couch and chair from Harveys. After agreeing the colour scheme with the sales advisor, who confirmed that we could definatly have both items in a pure white colour from a colour chart, we decided to proceed. The order was processed, and again after confirming that it was definatly pure white in colour we waited for our delivery. After suffering extremely poor customer care along the way the furniture was eventually delivered 3 weeks late. We immediately noticed after returning from work, and after the delivery drivers had left, that the colour was more of a cream colour. We rang customer services whom explained that they did not do this model in pure white and would get back to us after speaking to their distributors. 1 week later customer services contacted us again explaining that as far as they were concerned they had processed the order to the specification on the invoice (which simply states- white) and therefore we could not have any form of a refund. If unhappy i would need to contact the branch whom sold me the goods. They again stated that they did not do this colour in our model of furniture and therefore it must be our fault and got the colours mixed up. I can guarantee that this furniture colour was not what we ordered, however im confused as to my rights and whether im entitled to any refund or replacement of goods? Both the customer services team and branch are saying that it is my error and i chose the wrong colour- effectively my word against theirs?
    any advice would be appreciated.
    thanks

    Reply
  • sarah 3 August, 1:55 pm

    PLEASE, can someone help me make sense of the ‘sale of goods act’. I purchased a ‘Reylon reactafoam mattress’ from Benson for Beds in Febrary 2009, which came with a 6 year guarentee. About 6 months ago I noticed the mattress was beginning to split. As I couldn’t find my sales documentation at the time I simply moved to the opposite side of the mattress, only for the same problem to develop here too. I rang Benson’s and was initally advised they would be sending someone to investigate the problem, but a few days later was left a voice message advising me she ” had spoken with the manafactures and they were aware there was a design flaw with that specific mattress and they would have to replace it for another.” I emailed customer services back asking them, “if they were aware there was a problem with this mattress, why it had not been recalled before now as surely the problem was not only contributed to restless nights due to the discomfort but could also lead to back problems” and was sent a reply suggesting this was the system they had in place and they could only replace each mattress as customers contacted them. I was then contacted by a store on the outskirts of North London and advised I would have to choose a mattress from their shop (an hour away) as they no longer stocked that range. As i was unwilling to travel, I checked the mattresses available online, within the same price range, only to find they all come with only one year warrenty and on checking reviews for each of these found the internet littered with complaints. Am I entitled to my money back?

    Reply
    • Stuart Halliday 5 August, 11:25 pm

      I don’t think there is a duty for the company to directly contact you. Most shops place a notice in their shop or web site/mailing list. Ask your local Trading Standards officer if there is a law on being told of personal safety issues with mattress. I suspect not.

      Odd that you choosed to continue to use the mattress even though you knew it was faulty. You don’t need a receipt just proof of purchase. If the shop delivered it to you, then that should be enough as they’ll hold records.

      You are entitled to the shops guarantee period of course. The shop must either offer to repair the faulty product or replace it with similar quality. If they can not then you are entitled to a part refund minus a ‘used’ discount.

      So take up the manufacturers offer of a replacement?

      I suspect the 6 year guarantee may be with the shop for the 1st year and 5 years with the manufacturer. They often do this.
      Double check.

      Reply
  • shwan 11 August, 10:00 pm

    I purchased a pair of shoes from Tkmax for about £80 11 months ago. I have worn it to work on and off, walking approximately for 25min each day to and from work. The shoes still look new even the sole apart form one area where it has cracked and water seeps through. I returned the shoes with receipt and was told that it has been almost a year and that their policy is not to give refund on shoes more than 6 months old. can i get my money or have it exchanged? thanks

    Reply
  • joanne williamson 28 August, 7:14 pm

    i purchased a “diamond” ring from h-samuel a few years ago for £299, i needed up-to date valuations for my jewelery for insurance purposes and have been told my ring does not contain diamonds as i thought and as is stated on the receipt, it is a white gold ring weighing approx 2.3 grams, am i entitled to go back to h-samuel and complain?

    Reply
  • Sam 29 August, 6:28 pm

    Joanne, as you say the receipt specifies “diamonds” – presumably with a stated carat you can certainly expect the retailer to do something. It can be argued the item is not as described as it doesn’t contain diamond. If you have the valuation report in writing stating that the ring doesn’t contain diamond that would be helpful. However, it should be noted that if you purchased the ring more than 6 years ago the statute of limitations has expired and the retailer is no longer legally obliged to assist. In addition a criminal offence may have been committed as the ring was misdescribed. However, in the case of criminal offences the statute of limitations is 3 years (in this instance), as such if you purchased the ring more than 3 years ago no criminal case can be considered. I suggest approaching the retailer to discuss the matter (regardless of time frame) see what if anything they are willing to do. At worst I would suggest that they should put the ring right (i.e. replace the gem with a diamond of the same standard/quality as you thought you were getting).

    I strongly suggest speaking to your local Trading Standards department or Citizens Advice on 08454 04 05 06 for further advice.

    Reply
  • lesley 30 August, 6:31 pm

    Hi can anyone advise, I brought a DVD from hmv at 5pm on a Thursday evening as a gift for my son.returned home to find someone else in house had brought it. I thought id take mine back, unused unopened with till receipt next morning and get a refund, to be told we don’t do refunds, you can have a voucher which is like a refund, I explained at no time was I advised that this was hmv policy, the only sign in shop was up very high over till area which I did not look up to as I did not have to que on this occasion , so I was not looking up above my head or line of sight,I was not told by the assistant of the hmv policy and at the time of asking for a refund it was then pointed out to me that it states this fact on back of my receipt, which I would not have had unless Id brought the item in the first place, do I have any rights to a refund, AI feel mislead and at no time diD the shop manager come out or speak to me.

    Reply
  • Peter Glasgow 1 September, 12:24 am

    Hi, I purchased a desktop PC from Costco last September (2011) and it’s worked fine since then, until now. It just stopped working today. I’ve booked it into a local PC doctor who’ll attempt to remove my personal photo’s etc tomorrow and I plan to contact Costco as soon as he returns it to me. I’ve looked out the receipt for it as well as the warranty given to me at the time. The warranty (2 years) states that they’ll repair it for me free of charge. To be honest I’d rather either get my money back or a brand new one as it’s not even a year old. What rights do I have in this instance? Thanks!

    Reply
  • Matt 13 September, 12:23 pm

    Wondering if anybody can help? I purchased a jacket from an online retailer (loveclothing.com) on the 14th August, I received the item within the estimated delivery time. Upon receipt of the jacket I was not happy with the quality/size and therefore sent the item back asking for a refund. To date, 13/09/2012, I have had no refund from the company. I have e-mailed them various times and spent the majority of yesterday ringing their Customer Care Line but to no avail. I left a message on their answering machine with contact details but still no correspondence. I am basically out of pocket and have no jacket. Can anyone advise me on how/what to do to resolve this situation? Many thanks.

    Reply
  • Mike Kelly 18 September, 8:09 pm

    I purchased an adjustable bed in March 2012. The bed was OK but the mattress (a memory foam mattress) was of poor quality. It did not return to it’s original position but stayed in the position of the last person to sleep on it. I complained and the retailer got on to the manufacturer stated it was faulty and the mattress was replaced. I was told to give it time to ‘settle down’ The replacement mattress has developed the same faults as the first one.

    What is my position in this case. Can I have the mattress returned to the retailer and changed to a different type of mattress? Can I have the cost of the mattress returned to allow me to buy another mattress? The retailer has said he will have to contact the manufacturer before he can do anything. Mike Kelly

    Reply
  • Samuel Watson 22 September, 3:01 pm

    i bought a new desktop PC on 18/1/12 and recently i’ve begun to have issues with it as the HDD in the PC is malfunctioning, i want to know if i can get my money back, however with previous dealings with Curry’s & PC World they wouldnt return my money and would only continuously send the item away for repair (which in most cases took 28 days or more) are they within their rights not giving me my money back? or are they obligated to give me it back?

    Reply
    • Samuel Watson 22 September, 3:05 pm

      Also as i forgot to mention, i do have my original receipt and box for the PC

      Reply
  • Caroline Oliver 2 October, 7:18 pm

    On November 10th 2008 I bought a 42 LG 5010 HD TV for £699.94 which stopped working over a year ago. I only approached Currys in June 2012 as i discovered I have six years from the date of purchase to claim damages for faulty goods.They have admitted a manufacturers fault. They have offered a credit note of £280
    Is this as much as i can expect or can i ask them to provide us with a new similar tv or cash refund?
    Thanks for your help
    Caroline

    Reply
  • Nick 3 October, 2:45 am

    Hi, I bought a Panasonic Plasma TV from Comet in November of last year. In august of this year it developed a fault (a line of dead pixels about 10 cm’s long) Comet came to pick it up for repair and about a month later was returned to me. The fault was fixed but the bezel (frame) was in a terrible condition covered with dirt and grease. I cleaned it off only to discover it had several marks, abrasions and scratches in various places on the frame.

    I spoke to Comet about this and they said that they would have a look at it with a view to replacing it. When the people arrived to pick it up, i showed them the scratches which they documented on some paperwork to show where the scratches were. They gave me a copy and left with the TV.

    About a week later, i phoned Comet to ask if they had come to a decision with regards to a replacement, to be told that a new screen had been ordered, due to it being cracked. I informed them that i had no idea how the screen had been cracked and that it was fine when it left my possession, and must have been damaged while in their care. I was also told that a new bezel had been ordered. I took some time to think about the situation and phoned them the next day to say that i no longer wanted the TV repaired and instead wanted a replacement stating that i had sent it back on the understanding that it would be looked at with regards to one.

    I phoned back the next day (today) again to see if a decision had been made, and was told that the TV was ‘written off’ and i would get a replacement. All i have to do is take a letter they have sent me with a code on it and a replacement would be given. All this seemed like good news until i realized that they may no longer stock my particular TV. I phone around various Comet stores to inquire and was told they no longer sell my it but i could get one of equivalent value. here-in lies the problem. The TV’s they have in stock are of much poorer quality than the one i had previously. missing features, functionality and are of a lower specification. This, to me is unacceptable. Why should i accept a TV of lesser quality, when Comet themselves are responsible for the damage to the one i had?

    I can prove to some degree that the screen on my TV was fine when it left me, leaving Comet as the only other party responsible.

    As i can’t get a suitable replacement and one of equal quality, I am now looking for a refund.

    Is this possible?

    Reply
    • Stuart Halliday 3 October, 9:42 pm

      They have to supply an item of equivalent monetary value not technical specification if they can not supply a direct replacement.

      If they can not match it, then you are entitled to a refund minus an agreed discount based on the time you have made of the old one.

      Reply
  • Chris 3 October, 5:57 pm

    On a purely technical level, Comet seem to have limited competence. They obviously don’t have the right tools to repair the plasma screen and may not understand how to transport it. There always used to be a requirement to transport plasmas vertically, in the correct container or at least protected from damage. Plasma screens can be ruined if carried flat.
    It’s a sad comment on modern technology that the useful features can be stripped off to keep them cheap and ‘popular’. Good luck with the saga, better to get cash refund and look at John Lewis or similar!

    Reply
  • Nick 4 October, 3:26 pm

    Thanks for the advice Stuart, much appreciated.

    Reply
  • John 6 October, 8:52 pm

    Hi, I bought two table lamps on a Saturday afternoon and when I open the box I found (in my opinion) the bases was scratched. I immediately phone the shop as it was about to closed and spoke to the owner. We got into a discussion which was going the wrong way and I could not believe his attitude but he said that he would change them and give me a call on Monday. When he phoned, he said that he would not be able to get new ones for three weeks. I said that’s no good and I will have a look at something else in the shop or I will just return these and get my money back. When I went to the shop he asked me what was wrong with them and I said they are scratched on the base. He started to raise his voice again and said the base is not chrome it’s a satin finish like stainless steel and it would polish out. By this time I was not interested and just wanted my money back. He then said we don’t do refunds. Take your lamps away and go to the Ombudsman Service. After another 10 minutes of dissuasion he did give me a credit note for the amount but I would like to get back my money and left the lamps with him.

    Reply
  • sharne 7 October, 12:08 am

    Hi, I’m asking a question on behalf of my friend. She ordered 2 pairs of Vans trainers from Amazon. They were to be delivered by Home Delivery Network. She tracked the package and found it had been delivered but she had not received it. She contacted Amazon and they told her that her upstairs neighbour had signed for it. Her neighbour will not give her the package. I have told her to contact Home Delivery Network and complain that they left the package with her neighbour when they hadn’t approved it with her. (also where she lives, you don’t leave packages with neighbours because you never see them again). Legally where does she stand with getting a refund. In normal cases she should ring the police but that would lead to more to trouble and make her life unbareable.
    Thanks

    Reply
    • Stuart Halliday 7 October, 1:03 pm

      You need to contact Amazon and inform them.

      Home Delivery Network are paid by Amazon to deliver the goods to you.

      So they haven’t done so, so they are liable.

      You could contact Home Delivery Network and complain that you’ve not received the goods. But the fact that their driver gave them to a neighbour is not your problem…

      Home Delivery just need to tell Amazon and get them to send you another or refund you.

      But Amazon is ultimately responsible to get the goods to you. So don’t banging your head between these two companies. Just contact Amazon and get them to sort it out.

      Just be sure it wasn’t a Amazon Associate you dealt with and not Amazon themselves. :)

      Reply
  • Caroline Oliver 7 October, 8:28 pm

    Sorry to repost, but I am confused as to whether Stuart was replying to myself or Nick.

    Caroline Oliver says:
    October 2, 2012 at 7:18 pm

    On November 10th 2008 I bought a 42 LG 5010 HD TV for £699.94 which stopped working over a year ago. I only approached Currys in June 2012 as i discovered I have six years from the date of purchase to claim damages for faulty goods.They have admitted a manufacturers fault. They have offered a credit note of £280
    Is this as much as i can expect or can i ask them to provide us with a new similar tv or cash refund?
    Thanks for your help
    Caroline

    If Stuart’s response

    “They have to supply an item of equivalent monetary value not technical specification if they can not supply a direct replacement.

    If they can not match it, then you are entitled to a refund minus an agreed discount based on the time you have made of the old one.”

    was for me then My additional questions are how do I tell them i am not accepting their initial offer and want a cash refund. And what Cash refund would you deem acceptable?
    If they refuse what is the next step?

    Many thanks
    Caroline Oliver

    Reply
    • Stuart Halliday 11 October, 8:38 pm

      Contact your local Trading Standards Officer. They are there to make sure the SOG is followed by the Seller.

      The amount of refund is agreed by both parties.
      See my previous posting to you.

      Reply
  • Paras J 8 October, 12:08 am

    Hi

    I bought a pair of racing cycle shoes from Merlin cycles for £125 in 2010. They have had very little use (perhaps less than 10 uses). My previous pair lasted for nearly 20 years of heavy use and many thousand of miles. These have partly collapsed at the front rendering them too painful to wear. The manufacture has a one year warranty. I feel that they are “not fit for purpose and/of poor quality”. The shop have given me the standard warranty reply.

    Am I correct to assume I have the SOG act on my side?

    Thanks

    Reply
    • Stuart Halliday 11 October, 8:52 pm

      Some modern shoe materials needs to be used fairly regularly or it falls apart if not stretched in use.

      Perhaps your shoes are one of these?

      I suggest querying the manufacturer of the shoes to determine this question and the level of wear you can expect from them. Get this info in writing…

      Then contact the seller and inform them of this.

      As you’ve had the shoes for a time, you can ask for a replacement or repair. Only if they can not give you this, can you expect a refund. Possibly a reduction due to you having some use of them.

      If the shoes are containing this type of active material, then it becomes a mistake on your part of not knowing of this requirement, if it is considered ‘common knowledge’ for wearers of these type of shoes.

      The shop does not have to inform their customers of such requirements sadly.

      You will then need to argue your case to their head office/manager.

      Reply
  • Rami 10 October, 6:29 pm

    i bought a Toshiba TV 40″inch from BHS Direct since 18 Sept., and it was broken when they delivered it to me.

    i called them every day they told me that they will collect it definitely before 6 P.M. but no one showed up. i face this problem every day and now it is 10 Oct.
    how can i get my money back ???
    regards;
    Rami

    Reply
    • Stuart Halliday 11 October, 8:43 pm

      You should not have waited so long!

      A week is a reasonable length of time!

      If you paid by credit card, contact the card company and complain, asking for your money back.

      If not, then contact their customer care centre head office and their local office in writing and use special delivery post to prove you posted it.

      I’d also fax them both a copy of the letter.

      Just ask them what has been the delay and when you can expect your product. Mention you will be contacting their local Trading Standards officer if you don’t get satisfaction.

      If they can’t deliver, demand a refund.
      If still nothing, take them to small claims court?

      Reply
  • Alexandra 16 October, 3:14 pm

    I recently had a laptop in for repair and it turned out to be a faulty hard drive. I couldn’t afford the repair with a new hard drive as it was over £100. The gentleman in the shop then offered to do me the repair using a 2nd hand hard drive at £60. This seemed reasonable and i agreed. When i got the laptop home it worked great with no problems. However just over 1 month later i started getting problems again. I took it back to the same place and after 2 hours got a call to say the hard drive had failed again. I explained i had just got it replaced from them just over a month ago and they told me 2nd hand parts only come with a 30 day warranty, so i would need to pay the full price for another replacement.

    Can a shop legally sell me something used with a 30 day warranty? Surely it would have to last a decent amount of time and not 34 days! I want to complain but i don’t know my rights as far as this is concerned.

    Any help?

    Reply
  • tor 18 October, 2:21 pm

    I got a refund for a faulty pair of shoes that have disfigured my foot. The shop admitted they were faulty and provided a refund. However my foot has never recovered from the injury and I wondered if I could make a claim against the shop for compensation, or have I exercised my statutory rights when I accepted the refund? It said on the letter that if I accept the refund, then this is the end of the matter.

    Reply
  • Peter 20 October, 5:55 pm

    I had purchased 2 items from a Jane Norman store, the 2 items were in the sale, they didn’t fit my wife properly and I returned to the store for an exchange.
    I exchanged for a different item non sale this time, I have tried to return the top now the non sale one and been told I can only exchange. As far as I was concerned once an exchange had been made this was a new transaction so a refun would then be available. Is this correct ???

    Reply
  • Nick 22 October, 2:52 am

    Just thought i’d post an update on my (now resolved) saga with Comet, regarding my damaged Panasonic TV.

    After a further two weeks of waiting for the previously mentioned letter authorising a replacement, i was given a replacement code over the phone. Having been informed by Comet, that any request for a refund would have to be carried out at the store i originally bought the TV from, i contacted the relevant store and spoke to the manager about the situation. I explained the course of events and my issue with the potential replacements on offer (being of poorer quality and lacking features and functionality). Obviously, the last thing he wanted to do was give me my money back, but i fought my corner, calmly and with respect to the person i was dealing with. Having everything he asked of me (original receipt, and job sheet) undoubtedly helped a great deal. A few calls to head office later and i was told my request for a full refund had been granted. A couple of days later i got my money back.

    To be perfectly frank, the two and a half months this situation has taken to be resolved, and the fact they were responsible for the damage to the TV, i think this was the fairest outcome.

    I’d like to finish by saying that although, by law, Comet didn’t have to give me a full refund, i fully appreciate the fact that they did. Most of the staff were courteous, helpful and receptive to reasoned argument. It’s just a shame their repairs service is a complete mess!

    Reply
  • Carolina 6 November, 5:21 pm

    Hi,

    I bought the shoes and after 3 times wearing they ripped on the heel, but not on the seams. I tried to return it, but they refused as they saying it’s my fault. This shoes cost me £200 and by the law money should be equal quality. From the buying date gone only 10 days.
    On the receive saying that i can return between 14 days.
    What you can recommend to me?

    Thank you.

    Reply
  • sean bradley 9 November, 9:24 pm

    ive bought a dsi off amazon but i was meant to order a dsi xl but ive opened the box can i send it back and pay the differance and get a dsi xl

    Reply
  • Makha 12 November, 1:28 pm

    I bought a pair of suede boots for my daughter aged 3 years she has only worn them 3 days and already they are worn out in the front and have holes, I am taking them back to Barrats to show the manager and get a refund or replacement for a better pair. I wonder if this will be possible or not.

    Reply
  • BG 30 November, 1:52 pm

    I bought a dress, which when I got home i didn’t like – i tried to return it to the shop, but was told there was no return or exchange on sale items – the item was not advertised or marked as sale goods and the shops policy of NO refund was not displayed anywhere in the shop – I spoke to the owner and he informed me that this was displayed on my receipt – which i didnt receive until after purchase – a bit late!! Do I have any right to a refund?

    Reply
    • sharne 1 December, 8:32 pm

      You aren’t entitled to a refund just because you don’t like the item. Only if it’s damaged or faulty.

      Reply
    • Stuart Halliday 2 December, 2:36 pm

      As Sharne stated The law in the UK is quite clear.
      If a buyer changes their mind about any goods after purchase, they can not get a refund or exchange unless it is faulty or it is mis-sold.

      It is 100% your choice if it is suitable for you.

      You have to ask the questions, try it on or find out what, if any, extra rights the shop has granted you before you pay.

      This is the same for ANY goods purchased in the UK.

      BTW, the Law does not make any distinction between ordinary items for purchase or so-called ‘Sale items’. There is NO difference.

      Shops do not have to display your common rights under Law. You should of course be fully aware of them. :)

      Many shops do however offer extra rights to the buyer and these can be displayed.

      But if they do not offer any extra rights then perhaps do not shop there any more? Plenty of other shops do offer better…

      Reply
  • sharon 7 December, 1:26 pm

    Hi my son has purchased just 5 weeks ago a 3 and 2 seater settees the three seater has a gap in the center which makes it almost impossable to sit in the centre or the settee and the reclining seats dont extend properly the two seater looks like it is lower one end that the other as it is such a short time that he has had the items can he ask for a refund as he now feels replacement wont be any better and repairing them would be a major event
    thank you

    Reply
  • GDemir 10 December, 11:31 pm

    I have recently bought a dress from a shop which has a strictly no refund no exchange policy, I had tried the dress on in the store however had missed the damage on the dress which I then saw when I bought it home. what are my rights in this case?

    Reply
  • Nicholas Grant 18 December, 12:26 pm

    I purchased a bracelet in april and since it has broke 3 times. I have had it repaired and replaced and now it has happened again. I am at the end of my tether as is reflects terribly on me as it was a gift. It’s at the stage now were the store have sent it to the manufacturer for a verdict, but i just want my money back as all faith in the store has gone and i can’t have it happening a fourth time. Do i fall within the brackets of my money back?

    Reply
  • Kerry 4 January, 3:28 am

    Hi just wondering if anyone has any advise I’m at my whits end.
    Feb 2012 bought a new cooker from an on-line store,when it arrived was very disappointed as internal oven wasn’t size it stated on-line, which is main reason I ordered this particular oven.when I queried this was offered a exchange for different model but as I had already had my kitchen designed around cooker I said I would make do(big regret)
    Also on arrival it was damaged,had a scratch on one of oven doors.So had repair man to fix.
    Next thing noticed when it’s used on certain settings mainly grill it leaks water onto my kitchen floor, had repair man out again, couldn’t find anything wrong with it!
    When rang manufacturer was told I was cooking food at wrong temperature and it’s what happens,so now have to put rag on floor when using grill.
    Next thing oven timer goes so can’t use main oven, repair guy out for third time.
    Next thing day before christmas eve!!! set my oven on a cleaning cycle so I can cook my turkey in a nice clean oven and it breaks leaving main oven locked,major panic rang on-line company again to be told suppliers closed and they will ring me on 27th I nearly cried over phone to the poor women,anyway when it cooled down it unlocked and I could at least cook with it, though still waiting for repair man again.
    I rang on-line company yesterday to say how upset I am with (very expensive) cooker and was worried when my guarantee runs out in feb that it will still keep breaking down.
    I was told I wouldn’t be able to ask for refund and could only ask for exchange if something else goes wrong before feb as scratch was cosmetic and leak just happens.The repair I’m waiting for is only classed as my 2nd I really feel I have been sold a duff and don’t know my rights.
    Please help

    Reply
  • Jo 10 January, 7:09 pm

    Wondering if you could help please.
    My husband bought me a pair of hold ups from a lingerie shop that I wanted to exchange for another item as they are not suitable. The receipt states that “We are only able to exchange unworn garments within 28 days of purchase, accompanied by the receipt”. Upon producing the receipt I was told that the item was not exchangeable and my husband would have been told this at the time of purchase – he wasn’t, do we have any rights? The item has been unopened.
    Thank you

    Reply
  • Craig 14 January, 12:29 pm

    Hi, My wife bought me 2 t shirts and they are not a good fit, we want to take them back to exchange but it says ‘non returnable if less than half price’ as they were less than half price, is there no chance we can return them? Thanks

    Reply
  • nuriyya mckee 18 January, 1:52 pm

    My son in law bought a pair of steel toecapped Caterpillar workboots 5 days ago for £110. He is a delivery driver so he spends all day in the lorry (including when he eats his lunch) and only gets out to walk from depot to lorry and lorry to house for delivery. He is picked up in the morning from his home and is dropped off at his home at night. Yesterday his right foot was absolutely soaking wet so he took them back to Schuh, where he bought them. They refused to give him a refund and gave him a tin of special polish. he hasn’t used it because it would change the colour and look of the boots. Can he demand a refund?

    Reply
  • Lewis 1 February, 5:55 pm

    Hi there. Although it may be a Tesco branded product, it does not always mean you bought it from Tesco. Many people sell supermarket chain products on internet shops, so a proof of purchase may still be available. do you have a Tesco Clubcard? If so, you may be able to contact them to confirm the transaction with the store, but please be aware that these transactions only show as what you paid for the item, not what you purchased.

    Reply
  • collette 6 February, 8:40 pm

    i have just been today to get a photo shoot done at flawless photography and had all intentions of only having the free photo, however i was in a room with a sales person and she was trying to sell me a package, i objected and stated i only wanted the free one. 4 times i objected and was pushed in to buying them on a deposit and monthly payments scheme , i have paid £200 for 5 photos some of which are on a disc that i am allowed to print out any were (i bought the copy right) , i have just left the studio and now i am home and have had chance to work out my finances , i cannot afford this monthly payment , what right do i have to return them and ask for a refund , if any? your help would be greatly appreciated :)

    Reply
  • Robj 12 February, 12:32 pm

    I brought an Inner tube for a pram, their policy was that no refunds on inner tubes as they test them before they send them out. My inner tube had a slow leak in the nossle, so not a tear or hole but a faulty valve. they say as is their policy no returns or replacements. But they sent a faulty product which passed their test (2minutes not the 8hours that took it to deflate). Thank you for your time.

    Reply
  • B 23 March, 7:38 pm

    Hi, I purchased a mobile phone for my mum on mothers day a week ago. My mum said she doesn’t need a new phone and so I wish to return it. However, it is an unlocked orange phone and on the website it states orange phone are non refundable or exchangeable.

    i looked at the phone when i brought it home and it doesn’t feel very good quality. At the time i was in a rush and just purchased the phone. I am a student and its just a waste as my mum doesn’t want the phone and I wish i never bought it now.

    Can you please tell me whether I am legally entitled to a refund. Thankyou.

    Reply
  • becky 1 April, 10:50 pm

    I bought a buggy from mothercare 6 months ago. I have had nohing but trouble with it. the wheels wobble and cant pump tne tire up as the value has broke. I have got the receipt am I entitled to my money back or vouchers?

    Reply
  • Louise 6 April, 9:48 pm

    I had a problem with a pushchair I bought for Mothercare and after having it sent away to be repaired and other faults developing I wanted an exchange. My local branch refused this so I went straight to head office stating everything I had been through. They didn’t reply so I wrote again saying how disgusted I was. I later rec’d a call from head of complaints stating if I took the pushchair back to my local store they would issue gift vouchers to the value of the pushchair. Don’t know if this is of any use.

    Reply
    • Stuart Halliday 5 July, 10:23 pm

      You do not need to accept gift vouchers.

      If a shop can not repair the item or replace the item, then you are entitled to a refund minus an mutually agreed amount if the item shows signs of wear.

      Speak to a manager and explain your rights.

      Tell them the item isn’t of ‘Merchandise quality’.

      They do have the right to get an expert to examine the item and decide if the item has failed due to incorrect use by you of course.
      Just ensure they do use an expert.

      Reply
  • Jo B. P. 16 April, 8:06 pm

    I went to this beauty supply shop and had purchased two items. The next day I changed my mind and went in the store to try to get a refund. There was nothing on the receipt that states any kind of refund policy. When I went in the store I asked them if I can get a refund, and they said and pointed at a small sign in which I was never told or pointed out when I first purchased the items, that there were no refunds. I tried to buy another item for a lesser value, in hopes that I would get the rest back, and was told me that they can only give me store credit. I do not go to this store and don’t have any plans on returning. What can I do to get a partial refund or what are my consumer rights in this matter.

    Reply
    • Stuart Halliday 5 July, 10:08 pm

      You have no right under the Sales of Goods act to get a refund once the purchase is made just because you changed your mind. (Unless you did it over the phone/internet).

      This is to protect the shop.

      Some shops do however voluntarily give you this right (usually within a short time frame). But it is 100% up to you to ask about it before hand.

      Just make a polite complaint to the management and take your business elsewhere. :)

      Reply
  • Rob_ert 23 April, 10:39 am

    Bought an Eckman extendable hedge trimmer last autumn and used it for the first time last weekend. After 10 minutes of light trimming, the motor suddenly ran slowly and started smoking. I finished the job with a step ladder and my reliable little Bosch trimmer that I’ve had for years. Eckman trimmer is clearly not fit for purpose. I emailed Eckman requesting a refund and they say since I bought it more than 30 days ago they cannot refund, but will supply a replacement. Can I insist on a refund?

    Reply
    • Stuart Halliday 5 July, 10:16 pm

      Clearly you do not understand machines. :)
      Buying an item and not using it for many months will mean it may rust or clog with dust.

      You have no right to a direct refund as you have accepted the goods by not testing or addressing any possible faults that may have been present when you first bought it.

      You should have a right to a guarantee however if it was bought brand new in a retail shop. Ask the shop what length of time this guarantee has?

      If it is still within this time then the shop has to give you a repair or replacement. If it can not do this, then you can claim a refund. :)

      If you used a credit card then consult your card company as you may have extra rights via them.

      Reply
  • Amber 20 May, 6:49 am

    I bought a dress from Marshall’s and wore it once and washed it once. The entities back of it is ripped down the seam. I am going to return it on Tuesday, I purchased it last Tuesday. Do they have a responsibility to either exchange it or refund it?

    Reply
    • Stuart Halliday 5 July, 10:02 pm

      As with any item, you are entitled to a repair or replacement.

      However the shop also has the right to get an expert to look at the dress and decide if it was bad workmanship or bad ownership. :)

      If the shop insists on examining the goods and declaring you at fault, make sure they used an expert. You’re entitled to that.

      Reply
  • Pete 3 July, 6:53 pm

    My mother in law bought a bed and mattress. When it was delivered the mattress was smaller than the divan base, also the castors were inferior quality from the ones in the shop. The company agreed to change the divan base and castors, however the replacement delivered is the same. When she contacted the company to ask for a refund they refused saying that the mattress will expand to fit the divan base, and that the specification for the castors has now changed from the one on display in the store. They have offered a replacement bed, but refused to give a refund, even though the bed has not been used and they have had full payment for over two months. Can you offer advice please?

    Reply
  • mixhael 4 July, 9:59 pm

    Hi Stuart,

    hope you are okay. not seen a reply from you since december?

    hope all’s well?

    Reply
    • Stuart Halliday 5 July, 9:59 pm

      I’ve not had any emails (until today) informing me of people posting to this page. :)

      Reply
  • Stuart Halliday 5 July, 9:58 pm

    Ah the ‘custom job’ clause.

    Once you ask a company to perform a custom job and they provide it as per your instructions, then you can not claim a refund unless the item is faulty or not as described.

    You now need to prove that the item in the Store was what you expected to get in the first place and you were not told it was a custom job.

    Could be difficult as most bedding furniture is custom made and the court would expect you to know that.

    Most stores have a display somewhere or a contract displaying their terms and conditions.
    Maybe you signed it when you paid up?

    Reply
  • Fran 12 July, 8:10 am

    Hi,
    Just before Christmas last year I bought a Panasonic combi microwave from Currys. The oven thermostat did not work, so I took it back just after new year and had it replaced by the same model.

    This was better but still not quite right, but I was prepared to put up with it. 5 months later the replacement ceased to function. I took it back and was told I couldn’t have a refund because the guarantee with Panasonic was for repair (I’m not convinced that this is true/legal!), but they would mend it. I stated that the thermostat was also faulty and please would they look at that as well.

    Having got the microwave back last weekend the thermostat is worse than ever – I cannot cook properly with this machine, it certainly in my mind is not fit for purpose. I need to take it back again, but can I ask for my money back this time, since they have already tried to mend it? It is now just over 6 month since I got it.

    Reply
  • Aileen Fuerst 25 July, 12:08 pm

    Bought a shower unit from DM Design last year. It has an electric panel with radio fan etc. Had the company out to look at the panel as it stopped working. It appears to be a fault behind the shower but they say the manufacturer would have to fix. Unfortunately, the manufacturer has gone bust and DM Design can’t do anything about it. Problem occurred within warranty period. Is there anything I can do.

    Also, during installation of shower, the flushing system was connected up to the hot water supply and this caused damage to the system and the toilet unit has swollen. An engineer corrected the water but any damage to the unit would be chargeable if one of their engineers came to look at it.

    Previously had two bedrooms and kitchen fitted with units by DM Design and the work was excellent, pity same can’t be said about the above.

    Reply
  • Jake 25 July, 11:58 pm

    Hello, my girlfriend put in a deposit for a tv in a second hand shop called cash generator or something like that, she put a £20 deposit and opted to pay for it weekly till she paid off the full £120 then she could take the tv home with her once its been paid off, so she went to go pay off her last payment at the shop but it was closed down when she got there, its been about 2 weeks now since then and she hasnt been notified or anything about it closing down, if she can still get the tv or if she can get her money back?

    What can she do to get her money back?

    Reply
    • Stuart Halliday 4 August, 10:27 pm

      As it was a second hand item your friend have very few if any rights.

      You can try to find out the company’s address if it is still trading elsewhere. Try your local Trading Standards Office for info?

      You can ask the small claims court to try to get the money back if the company has indeed folded.

      The landlord of the building will be able to tell you something?

      But I seriously doubt your girlfriend will get your money back. Put it down to experience.

      Reply
  • Anthony Turner 28 August, 10:09 am

    My uncle paid a holding fee on a car with the view to purchase it if it was suitable for his needs.He decided it wasn’t comfortable or big enough.The garage have told him he must write in for his holding fee to be considered for a refund.I told him he is entitled to a refund as the vehicle is not fit for his purpose.
    The garage say I am wrong.
    Please advise.

    Reply
  • Dawn 9 September, 9:51 pm

    Hi, Just before chistmas last year i bought 2 Neuropad’s From a shop called Android slates on amazon.
    One of the pads wasn’t working properly so sent it back (at my cost of £8!) for exchange, after my children were given there pads it wasn’t long until other problems began to arrise (of which i informed android slates) the camera stopped working on one and became incapable to install any apps, the other just kept on lagging or becoming mostly unresponsive, i contacted them and sent the back and two 3 times all together at my cost of £8 each time! Then one of them would freeze after being on for no longer than 30 seconds therefore is completely unusable and the other wouldn’t even turn on after it came back the third time.
    I contacted them telling them i had had enough and had given them enough chances to rectify the problems and asked for a refund this was only 4 months after purchase!! they told me they only refund within 30 days but said they would fix them if i sent them back AGAIN! I then contacted amazon who only told me there was nothing they could do and i should take it up with the manufacturer!
    Is there anything i can now do?
    Thank you
    Dawn :0)

    Reply
  • Stuart Halliday 11 September, 9:41 pm

    With a long distance sale you have the choice of a full refund within 7 days of receipt. That is the law. This gives you time to test the device.

    After that, you usually get a 1 year guarantee (unless the shop states it doesn’t support this time period).

    On finding a fault within the warranty/guarantee period you have the choice of a refund, replacement or repair within a reasonable time scale. This time scale is determined between you and the shop, if you didn’t set one up, then the shop’s one is assumed. After that, it’s a repair or replacement. Only if the seller can’t do these can you get a refund.

    If the goods are not of merchandisable quality then you are entitled to a refund/replacement within the stated time frame. but you need to state this reason.

    So you’ll need to determine how long the warranty/guarantee period was. If you assumed it was a year and it isn’t, then you’re at fault.

    When you buy online it is of course your responsibility to pay for its safe return to them in case of problems. Why should the shop pay?

    You can try speaking to the shop’s local Trading Standards inspector. Easy to find out who these are from the shop’s address. They can pay the shop a visit! :)

    Typically cheap Android tablets have limited internal storage which soon fills up and you can’t add any more apps regardless of how much extra storage you’ve added. It’s a known Android design problem.
    You simply move the apps to the microSD card to free up the internal storage.

    A main problem with the low end of gadgets is they also have little to no protection from static electricity handling or noisy radio signals being past to the device via the super cheap power supply they give you. They tend to freeze. Use the builtin reset function on the device. It’s either a small pinhole or a button combination.

    BTW, Neuropads live in the cheapo basement bin department-land.

    Buy from a local shop. Much easier to return an item. :)

    When you buy from a Amazon Associate, you are effectively buying from a ‘Market stall’ like environment. Think of Amazon like the owner of the tarmac the stall is sitting on. :)

    Reply
  • Toby 30 September, 3:27 pm

    Hi, just wondering where I stood with the following:

    Brought a tv with home theatre and stand as a combo for £949 6 years ago. At the time was advised that it would be a good idea to get “whatever happens” cover @ £7.99 a month for the TV.

    Now the TV went wrong last month (the on/off button was sticky unresponsive at times.) Rang up the number (after getting the new number), and it was picked up on a Sunday. Tuesday evening get a phone call to say that the item is beyond repair and vouchers are on the way to get a new replacement on the like for like part of the policy. I did not agree to any amount of vouchers or enquire about that other than to ask will it be for the value of the TV and got told it would be for one of similar like.

    Vouchers arrive to the value of £400 so I go looking at the TV that they have instore. None are to the spec of my original TV due to the industry moving on a lot in the last 6 years. But certain specs of the TV like inputs and outputs are available and even some of the features. An example of this is my original TV has 2 hdmi and 2 scart sockets and the ones offered to be replaced dont have 2 scart sockets. But the duty manager kept on say “but your getting a better TV cause this one is full HD not HD ready”. Is that my fault that the industry min is now full HD ?

    I also have an arguement about the actual policy I was sold. I have asked for clarification of what value of goods the £7.99 covered at the time as there newer policys are priced differently. (example £8.00 a month cover goods valued £1000-1250) and I am almost sure that my £7.99 covered to that value aswell but the policy doesnt say the value and nor does there website or instore literature since its the new “knowhow” policy now.

    So where would I stand is say either I was mis-sold the policy and therefore and ask for my policy money back, plus my TV (which apparently has already been destroyed even though I have not excepted anything yet as a replacement). Or do I pursue that they increase the vouchers enough to get a TV adequate to the like for like part of the policy.

    Hope someone can help thanks, pulling me hair out without a TV and no light to see this getting sorted quick and easy.

    Reply
  • Stuart 4 December, 6:15 pm

    Purchased a table and chairs that I am very happy with 15 days ago, they arrived from Argos on the 2nd of December. Argos now have a deal on that means if I was to purchase the same product now i would save £60… I feel a bit cheated, any advice?

    Reply
  • Lee 27 December, 1:03 am

    Hi, about 3 weeks ago I purchased a brand new TV for £1,299 from a Richersounds store.
    I have had a look on their website today and noticed the same TV for £200 less.

    Hindsight is a bugger and wish I had just waited. Having said that, I do feel somewhat cheated.

    Do I have any rights or is this one I just have to take on the chin?

    Thanks

    Reply
    • Stuart Halliday 12 January, 11:33 pm

      Well Lee,
      Hindsight is a wonderful thing.

      After 3 weeks you’d have to have a good reason to return it, like it no longer works.

      Though check they don’t have a Xmas Returns policy or something.
      You did keep all the packaging right?

      If it no longer works then they have the right to repair it or if they can’t do that, offer you another item. If they can’t do even that. Then they can offer you a refund.

      The Law protects them as well as you…. :)

      Reply
  • Nicholas 8 February, 11:52 am

    I ordered a sofa in the dfs store were I never passed the credit check for finance my sales advisor then said if I can get a £250 deposit then we can go ahead I confirmed twice that it was all the same he said yes just instead of a finance company its done in store leaving me to believe that I have the same terms as the finance. Two months later im now being told that this cannot happen and that I have to pay in full before receiving my sofa. Is this allowed? Am I entitled to the sofa on the terms agreed between the sales advisor and myself?

    Reply
  • Debby 12 February, 10:35 am

    I have paid 500 off a pram which I still have another 500 to pay, but have recently done some research on the pram I have put some money down on and it doesn’t have the features I was told it does have, I have asked the shop owner if I can exchange not once have I asked for a refund but she is refusing and has said to me the only way I can get my money back and not loose anything is if I loose my baby, please can someone help me and tell me what rights I have I would of never purchased this pram if i had known it didnt have certain features and was very misinformed.

    Reply
  • Yvette 13 February, 6:25 pm

    I recently returned a hoody jacket to New Look (cost £14.99) the zip puller had disintegrated. The item was 8 MONTHS old purchased in July 2013. Although I know it wasn’t that expensive I still thought I had fit for purpose rights for 12months. The manager of the store said I could only bring a faulty items back within 3 months after purchase! is this right? I had the original receipt and I brought the jacket and pieces of the zip to the store. After about 20 minutes of arguing and them reminding me this was “fast fashion” not expensive stuff! (Store managers comment) I left with a £9! credit note as the items had been sold for that much in the January sales! Can anyone advise me on this, as I am used to ‘M&S’ and ‘Next’ and I have never heard of such rubbish there! Thanks in advance

    Reply
  • Martin 15 February, 9:12 pm

    Hi, I purchased a new suite 3 weeks ago, a 3 seater and a 2 seater.
    I purchased from a small shop selling liquidated stock I assume the suite was brand new, I paid cash and arranged delivery.
    4 days later I took delivery of the suite and it became obvious straight away it was of inferior quality, I thought as long as it lasts is a year il be happy.
    It’s been 3 weeks now and the arm of the 2 seater is almost broken off and the 2 front legs have broken off and on the 3 seater one of the arms has caved in where it was leaned on (arms seem to be made from cardboard it’s so bad)
    What rights do I have I am going to contact this shop on Monday.

    Many thanks

    Martin

    Reply
  • kitty 17 February, 1:41 pm

    Is Paypal point of sale?

    Reply
  • Dianne Bird 17 February, 1:59 pm

    Hello there, I hope that you can help me. I purchased a rolled up mattress online from a shop on 25 November 2013. I am disabled and had to wait until someone could set up my New bed and set out the mattress.When this was done on Monday 10th February 2014, after the requisite amount of time (up to 72 hours), the mattress was found to have severe bends in the metal core at both the foot and head of the mattress.This means that the surface of the mattress is uneven at the top and bottom.I am concerned that in a booklet SEALED IN THE PACKAGE from the manufacturer states”it is vitally important that rolled mattresses are opened as soon as possible to avoid failure in the properties of the mattress from being rolled for too long.” I would stress that the actual metal core is visibly bent in at least three places. I would argue that the bends occurred when this mattress was rolled up before it was sent to me.Does this affect my statutory rights regarding being of merchantable quality and fitness for use? Under the 1979 Sale of Goods Act? The mattress has never been used and I’m sleeping on my couch which is very difficult for me. Can I still get a refund and how do I go about returning the mattress? The e-mail contact details given by the vendors is direct to the manufacturers. I would like make sure that I am certain of my rights before attempting to use the phone details given on the website.

    Reply
  • david williams 19 February, 6:43 am

    i bought a suitcase, and thought it was the suitable size for cabin luggage. when i measured it, it was too large. the shop said because i hadn,t returned the case within 2wks, i could not get a refund, or an exchange for other goods. is this right

    Reply
  • mark needles 23 March, 6:40 pm

    i bought a satellite box for 439 it lasted 1day supplier asked for it back butwont refund for it what ido

    Reply
  • Sharon Spence 30 March, 9:22 pm

    I bought a set of curtains which are the wrong size from which I asked for, the shop will not refund the money back to my debit card as they are saying its simply because I changed my mind when this is not the case, where do I stand by my own and the other hand is

    Reply
  • Sharon Spence 30 March, 9:39 pm

    I bought a set of curtains recently after giving the shop the measurements for the particular window I needed them for, only to get home and find they are not big enough I would need another pair the same size, I tried to return them and get a refund back to my debit card only to be told they don’t give refunds as she said I had basically changed my mind, this was not the case, I wouldn’t have bought them had the shop said I needed two sets of that size as they were so expensive, could you please advise me as to what my rights are, thanks so much in advance

    Reply
  • Stacey 15 April, 9:07 am

    MESSAGE: On the 6th march I purchased a Samsung tab3 from your Lewisham cex branch for my sons birthday within the first month I had to take it back to the shop due to a software problem, the shop at first blamed the memory being almost full as to why the tablet wasn’t responding well at all. After leaving it with cex in Lewisham for 40 mins they admitted there was a problem with the software and had done a complete reset. With in the next couple of weeks I had trouble turning it to turn on. Until the 4th of April it failed to charged or power up. I had it on charge for 18 hours and notthing I have taken it back to cex and explained how unhappy I am I had to leave it with them again I emailed customers services who have been no help at all there are telling me there is notthing wrong with the tablet and all there did was put it on charge and it was fine I picked it up yesterday on the 14 April and noticed the back had been removed because now it is not on flush all I got from the store was rudeness and lies and was asked to leave the shop I emailed customer services again but there are now ignoring my emails I know I brough this tablet second hand but it shod still work my son has specail needs and can’t understand why his tablet keeps freezing I have asked for a refund but there are telling me there is notthing wrong with in the fact that iv had to take it back to the shop within a mth tells me there is a major promblem with this tablet I really don’t know what to do I paid a lot of money for something that is not fit for purpose and now iv just noticed there did not put the charger back in the box I dread to think what there will say now when I go back and ask for it please advice me what to do thank you Stacey

    Reply
  • Pretty anne 17 April, 4:01 am

    Good day!. Just want to ask, can i get back my money after overpaying my husband installemnt motorcycle?. Its about 8 months now that we overpayed it. As we remembred we were told that it was 3years to pay, but then in the contract it was only 2years to pay. So we were thinkng it was really 3years without even checking the contact. But how come that company didnt even inform my husband that he is already overpaying his installment motorcycle? We just knew it Just by this month when my husband payed for this month of april, and @the same time he asked for his outstanding balance, suddenly the cashier told him hes already payed 8 months now, so my husband asked to get his money after paying for this month of april, but they said they cant cancel the payment done, so

    Reply
  • susan thain 19 April, 1:06 pm

    my daughter bought a pair of boots for £35 two weeks later the sole was coming off the store exchanged them now the heel is falling off the new pair and they refuse to change them or give her a refund what can we do please

    Reply
  • dave hemmings 19 April, 1:35 pm

    I bought a 16 m fishing pole for £2,800. it is supposed to be one of the best on the market,I took it home and checked it over to make sure everything was there, I couldn’t set it up for about 5 days later, because of hospital appointments and other things,anyway I did eventually get time to set it up and when I did I was so disapointed with it, it supposed to be stiff at all lengths and lighter than anything else on the market, but this isn’t the case it is nearly as heavey as the one I have got now, and there is another pole from the same stable that is nearly half the price that I paid and is lighter and stiffer by far, I never used the pole and took it back in mint condition still in the packaging and holdall, and told the shop that I think there is a problem with it, and I got someone else at the shop to have a look at it with me that as got the same pole as the one I had bought, and he said there is something wrong with it,the shop said they would send it back when the rep as had a look at it, I said I would like a refund please and the shop said it is down to the suppliers and not me, the rep offered a credit note to the shop but he diclined, now the suppliers have had it back and now they say that one of the sections as been damaged, I had a email from the sales manager saying as a gesture for the damaged section, they would replace it free of charge and send me the pole back, so when I left it in the secure hands of the shop, the shop manager told me he had it out to look at it and when the rep came he had it out to look at it, I think I am being stitched up big time, it was in mint condition when I left it at the shop, how do I stand, £2000. on cards and £800. in cash. I had to send the receips back with the gaurantee as proof of purchase. can anybody give me any advice,

    Reply
  • Martin Andrews 21 May, 7:52 am

    Dear Sir/madam.
    I bought two packets of solid brass hinges which I was happy with.
    I opened one packet only to find that when you close the hinge up, there is a larger than normal gap.
    This gap should be no more than about 2.5 – 3mm but there is a 6mm gap so when you shut the door, there will be a 6 mm gap between the door and door frame after hinges are set in to door and door frame and NOT screwed on top.
    This will also result in me planning off a lot off of the doors to make them fit, they are brand new solid oak doors.
    There will and should be a small gap between door and door frame but not 6mm.
    B&Q do not do any other 4inch solid brass hinges apart from brass plated.
    All hinges have a 2.5 – 3mm gap to allow for screws also so they do not touch when the door is closed.
    I do not want these hinges because of the gap and I feel that they have not been made right.
    I’ve got the recept but I would like my money back.
    Am I able to do this.
    If you were to look at your doors when there shut, there should be a small gap if hardly any when the door is shut not a 6mm gap when the door is closed.

    Reply
  • Michelle 21 May, 8:19 pm

    Hi I bought a custom made blind from Dunelm via their ‘at home service’ in August 2012 The blind is not used it was bought to dress a window. In September 2013 the cords snapped and several weeks later after many telephone calls the spool was replaced at home . In February this year the cords snapped again. The blind was taken away 8 weeks ago for repair and I have had no communication with them again. Dunelm directs you to contact their ‘at home consultant’ however despite leaving 2 messages I have had no reply. Within my statutory rights am I able to say that I am not satisfied and that I want a refund?

    Reply
  • Michael Coffey 23 May, 12:23 am

    I have this problem,bought shirts,specific size,xxl, but when I tried at home,no changing rooms, found did not fit,as my other oldshirt,xxl,but told I can have credit note,but I do not want anything else from there, so I may have a battle.
    Thanks for good information,it all helps us poor shoppers!

    Reply
  • joanne bilton 23 May, 8:02 am

    Washer dryer broken 3/4 timesnin 12 month the shop finally exchanged this in february 2014 only to brake 6week later I took insurance out and broken again they said to pick another but argos direct said because it been fixed they wont exchange thos has been going on for over 15 months now with me takin time out of work to b on for repair and delivery what r my right please

    Reply
  • Antony Webb 23 May, 7:36 pm

    Tony
    I bought an Xbone – One package from Digital Discount on line and paid with my debit card on May 15. They said when the item was dispatched they would e-mail me with the tracking number. When I phoned on May 20 they said it had been dispatched and would e-mail me, but they never did. Since then when I can get through to them each time they give me a different story. Today May 23 I have asked for my money back as I do not trust them. If they do not what options do I have to obtain a refund.

    Reply
  • Mick 31 May, 11:21 pm

    I recently bought my daughter a sim3 game. Argos said once it is opened they can’t refund . However it does not play on the PC as it is windows8. Can I get my money back?

    Reply
  • alexandra 4 June, 8:21 pm

    I bought a hair removal from currys one week ago. When I try it I seen that I am alergic to this. I went back to shop and I told them that I can not use it because I am alergic. The manager told me that they can not take it back because the box was open. I argue whit her and I left. Meantime she went to shop manager and she told him lise. I was really upset and I came back to speak whit somebody alse which was agree to change the product after few hours he came to me and said that unfortunately he can not do nothing because the manager’s decisions was negative. Please advise me what should I do.

    Reply
  • Carolina 5 June, 10:31 pm

    I bought a pair of office shoes in Rosselini 85 Baker Street they costed me £45 I was happy about them but on the 11th approx day I used them I noticed the sole came of from the left shoe. I stopped using them and I went to returned them on 15 May as I was very busy at work and it was not easy to go back to the shop that is about 6 weeks from purchase date. I advised him that the shoes clearly are of bad quality that I was not expecting that and he said he will take them for inspection he phoned me on 20 May I think or 22 and said that I used the shoes well but he will not refund full money or give me a voucher or anything because he did not like the way I behaved. During the day I returned the shoes he was the one treating me really bad. My statutory right clearly has been in breach. So I tried to write to him the post was refused now I will write again asking my money back but I searched the company and it is Rosselini Fashion Limited appearing like dormant not active company and the owner for sure is the man who refused me and sold it. Shall I sue both the director and the company?

    Reply
  • Lorna 10 June, 12:45 pm

    My (now) fiancé and I have been engaged since November 2013. The diamond fell out in February. Luckily it fell out on my desk at work as I was putting the lid back on my chapstick! So I was able to give them the ring and diamond to repair. it took just over 4 weeks to repair and now it has fallen out again! AND this time I looked down at my hand to show a friend who has not yet seen my ring and the diamond had vanished! (how embarrassing). I am getting married in August and really don’t want this to happen again, I am very disappointed and upset with Goldsmiths, I just feel like they have ruined my engagement period my giving me what seems to be a faulty ring. I have insurance but my fiancé and I are in agreement that we want a full refund and buy a ring elsewhere! Does anyone know if this is possible? Will they give me a refund when all I have is the ring setting and no diamond?

    Reply
  • corrina 11 June, 8:57 am

    Hi my son bought some gaming headphones that work via wireless he paid fourty pounds for them but they do not work as they should whether this is down to our internet or not we are not sure .he took them back to the shop to see if he could have his money back or credit note they said no as they have been used ! What are his rights please

    Reply
  • geoff 17 June, 6:55 am

    Had a floor fitted cost over a thousand pounds and they have put damaged pieces down and it is glued and nailed so can we demand for a new floor because they want to cut pices out and glue new ones in but it is a toungue and groove wooden floor thanks

    Reply
  • mel 17 June, 2:34 pm

    I brought a mobile phone back in 2004 (ages ago I know). I took out an insurance policy with that phone. I have been paying £26 pounds a quarter since then…… I have upgraded my phone on may occasions. The insurance was with Care phone warehouse. I also took out another insurance policy with them monthly. I must state I have never changed my number. Should they not have told me I was paying twice? Is it worth trying to get a refund?

    Reply
  • Shaz 19 June, 4:25 pm

    I bought a pair of Burberry spectacles from David Clulow. Wen I went home I realised that the frame had white marks all over. Their refund policy is that they will refund if the spectacle is faulty. I spoke to the manager who was so rude to me. He ruled out a refund, despite it being on the receipt and their website, and said I can only get an exchange. He further accused me of making this up as apparently he didn’t notice any marks when he sold it, which is insanely bizarre! Do I have any rights for a refund as I do not like any other and do not want to spend more money buying another one (they are all so expensive)?

    Reply
  • karcher 20 June, 1:35 pm

    hi a customer has come into the salon today and demanded her money back on a sunbed course she hasnt used but bought 12months ago? is she in her rights to get money back? its 12 months ago?

    Reply
  • graham Rawlins 20 June, 5:49 pm

    My phone got stolen from my so called mates house the other Friday. The next day i went into cex and told them what happened and told me to report it to the police. I continued and brought a phone from there it ended up being faulty plus they put the wrong charger for the phone in the box. I went into the Gloucester store and tried to exchange it but was refused exchange as it has the wrong charger for the phone, the sales assistant threw the receipt in the bin to add to my anger. I then went to Cheltenham and exchanged it in there for a Nokia 520 they could only exchange it via voucher as the previous sales assistant threw away the original receipt. It wasn’t until the next evening that i checked the emie number that it was in fact my original phone that got stolen 3 days previously and i had brought from orange store 2 days before it got stolen. The police are saying that i should be entitled to a full refund in cash but cex are refusing to give me one saying theyll have to seize and give the phone to the police I’m being treated like the criminal here when it’s my phone

    Reply
  • Karen anderson 20 June, 9:34 pm

    I bought a leather 2 and 3 seater sofa from Dfs 10 months ago, I took the leather protection cover out on the sofas. I have had them out to the 2 seater because it was sinking and it was ripped under the cushion. When they came out they put a few stitches in the rip (didn’t sew it all up) and put some more stuffing in the seat. Since then nobody will sit on the sofa because it is very uncomfortable. I am paying for the sofas over 3 years..How do I stand when complaining…..am I entitled to a replacement or refund?

    Reply
  • jacqueline watson 22 June, 10:49 pm

    I bought a bag from clarks 14 month ago it is the second bag that has fell to bits the toggle that keeps the bag locked has fell of when i closed the bag . so the bag does not lock now i did go back to the shop who did not want to know the only thing they said they could do is give me the last selling price according to them was £10.00 i paid £65.00 but have no proof of purchase i did say i would like it fixed but they said it was not possible. It now means the bag is not fit for purpose plus £10 is not going to get me a new bag.PS the bag has hardly been used.

    Reply
  • KAREN BUXTON 6 July, 1:13 pm

    HELLO I HAVE SOLD 2 SETTEE’S AND ADVERTISED THEM WITH CAT SCRATCH MARKS ON THE ARMS THEY EXCEPTED DELIVERY AND PAID CASH. KNOW THEY WANT A REFUND AS THERE ARE MORE SCRATCH MARKS THAN THEY THOUGH. I DID PUT A PICTURE ON THE ADD.
    DO I HAVE TO GIVE A REFUND

    Reply
  • anne armstrong 7 July, 2:56 pm

    Last week I bought a sofa from DFS. although there was a sale on in the shop, this particular sofa was not on sale. However I discovered that next day that it went into sale and I could’ve saved £230. I was not made aware that this item was about to go into the sale when I purchased it. I paid a deposit and entered into an interest free credit agreement which does not begin until later in the year. Can I cancel my agreement and get a full refund as I would like to purchase the sofa at reduced price?

    Reply
  • Annmarie 8 July, 4:13 pm

    I have ordered carpets n brass bars for my stairs,I gave a deposite of 800e,I’ve since bought the brass bars on a buy n sell site so told the store I don’t want the bars now only the carpet,
    Their refusing to accept that and said I have to take the bars now because I’ve ordered them,can you please advise me on this?
    Many thanks
    Annmarie

    Reply
  • Jill Smith 8 July, 5:35 pm

    I bought online a Hudle tablet at tesco on the 26th of april . I sent it back after phoning them at the end of april. Customer services said they would give me a refund.
    I am still waiting for it and have phoned lots of times. They said at first the refund was done at the start of june then another time it was the 26th may. Nat west keep checking for me but there is nothing. I feel as f l am being passed back and forth like a football. All help is welcome.
    The reason why l sent it back was to heavy for me and caused me pain. I am disabled and didn’t know how heavy it was but when l phone them at first the lady said there heavier than others and it was ok to send it back.

    Reply
  • Rach 13 July, 3:42 pm

    Hello! I bought a wheel and it came as rim and spokes. When ordered I asked whether it came assembled the manufacturer said yes of course but it arrived rim and spokes therefore not put together as stated in the price. I particularly expressed would it all be put together and they said yes. Unfortunately at the time i was in prison and my ex picked it up this was roughly in august 2009. I am now released where do I stand??? The wheel is still unopened and as it was as it was purchased. Unwrapped and in the same condition. Do I have the right to ask the people I purchased the wheel off to assemble it as advertised when purchasing it.????
    Many Thanks Rex

    Reply
  • Tania 13 July, 3:57 pm

    Hi im wandering where do I stand in regards to buying something. I emailed a place for price on printing tops for my hen they emailed back with a price which I mailed them to double check the price was for front and back printing and they for all of it, it was £3.60 when my brother took my tops to be done they charged him an extra 2.40 for printing the back but I have the quoted price in black and white? Where I do I stand with this as they have admitted it was their fault thanks

    Reply
  • LindaGregory 14 July, 5:21 pm

    We purchased a 2 setter and 3 setter suite and when delivered the 3 setter frame is bent, we were advised not to return it and they would sort it out, now we are left with a suite we are not using and they wont do anything until a technician has looked at it in a weeks time, they will only refund the faulty 3 setter and not the 2 setter which is not faulty, can I insist they take both back.

    Reply
    • Stuart Halliday 28 July, 10:23 pm

      Yes take both items back, unless their terms and conditions state otherwise.
      Your contract is probably for both items, so by them not fulfilling all the contract they’ve voided it.

      By keeping the items it could be said you’ve agreed to their terms however.

      If your item was custom made in some way then no you have to get a repair or replacement. So as long as it fits your custom requirements, then you can’t get a refund unless they can’t fix it.

      Of course was your setter suite actually custom made for you? If you looked at an example in a shop and asked for an exact copy then technically it may not have been custom made for you. It could have been sitting in a warehouse. This area is tricky as you would need to prove it wasn’t custom-made to get a refund. :)

      Reply
  • Maura Fenlon 14 July, 8:36 pm

    I tried on dress and when I got to till I noticed it had a slight damage to dress, I asked for reduced rate and I was given 10% reduction on dress. I brought dress home and decided to bring it back 2 weeks later. I went back to the shop produced my receipt and looked for my money back. They would not give me my money back. In the end after a long conversation the shop assistant gave me a credit note. Was I entitled to my money back? The assistant said I was not entitled to my money back as I was given a reduction in dress because it was damaged. The dress was not a sale item.

    Reply
    • Stuart Halliday 28 July, 10:06 pm

      You accepted a known damaged item. So you were entitled to a repair if the item had become more faulty (but not in the area of the known fault).

      You didn’t say why you wanted your money back. The Law is quite clear, only if the item isn’t of merchandisable quality or you’ve been misled by shop advice can you get a refund.
      The Law makes no distinction on you wanting your money back if you’ve changed your mind.

      Of course some shops do give you extra rights. But they can’t take away your basic rights.

      If you knew it had a fault, then fine they have to offer to repair any more faults that may occur (if not in that area). If they can’t do that, then they can offer a replacement and you may be expected to pay the difference between the faulty new item and a brand new one.

      If they can’t offer you a suitable replacement, then you are entitled to a refund of a portion of the original price as you’ve had the item for a time. Doesn’t matter if you’ve used it or not.
      That needs to be agreed between you and the shop.

      By accepting and buying the item, you are probably bound to their terms and conditions on this matter. So you’ll need to read them.

      It matters not a jot if an item is on sale or not. A new item is a new item.
      You are entitled as I said, to a repair (not of the known faulty area), replacement and only then a refund if they can’t deliver.

      Reply
  • Paul 16 July, 8:45 pm

    Bought a laptop through woolworths recieved item today to find its been used before as 12 month warranty expires in march 2015 when its 16 july 2014 now. What are my chances as they can be very funny with electrical goods

    Reply
  • Asa 16 July, 11:47 pm

    Hi there, i bought my girlfriend an engagement ring in april from h samual, and jus today (15/7/2014) we noticed the diamond had came off, it happend today she is positive, we are both gutted, what are our rights? Can we ask them to repair it? It surely shouldnt have fallen out this soon and she has been really carefull with it, we even looked all over to see if we could find it, any help would so appreciated, regards

    Asa

    Reply
    • Stuart Halliday 28 July, 10:14 pm

      If you’ve lost the diamond, then that’s considered your fault. The shop is not obliged to simply replace it or give a refund. They can repair it of course. But you will be expected to pay for a new stone.

      If you find the stone, a simply setting repair job may be all that is required by the shop.

      You have to prove the item was faulty if you don’t want to pay for the full cost of the stone. You’ll need an expert (not the shop) to state in their opinion if it was faulty design.

      If the design of the setting is such that it could never had held the stone correctly then you may have a case of faulty merchandise.

      Don’t you have content insurance of valuable items in the house?

      Reply
  • faolan 19 July, 8:05 am

    I am a volunteer in a charity shop. The big bosses have a no refund, no swap policy, because we have a changing room and customers are expected to try before they buy etc. We also have a notice to customers on the wall stating this. But, we still have items thrown at us in temper when we point it out!. Not everyone has time to try things on, they sometimes have a bus to catch, this seems unfair, and our manageress has been trying to get the ruling changed. I do wish customers wouldn’t take it out on the staff, though!

    Reply
    • Stuart Halliday 28 July, 9:53 pm

      Sadly with second hand goods, the shop sets all the terms and conditions unless the purchaser and the shop come to a different agreement. Basically they have to examine the goods and make a decision on the spot. There is no legal obligation to do more for them. But some charity shops do of course.

      Clothes as EVERYONE fully knows, are not an exact size despite what it says on the label. We are all aware of this and so are your customers. So if they make a mistake then that’s their problem.

      Of course you can’t tell if they’re lying and just wanted it for a short time, a common dodge in retail clothing isn’t it? :)

      The only advice I can give is :
      You find out what the official standard sizes are and ensure every item is either that size or is slightly bigger or smaller. Then you could put on a label saying “Size 12(+) or size 12(-)?

      Easy enough to make a wooden stick X inches long for say a size 12 and see it the waist is that size or not. sure it’s more work.

      An alternative is put a Terms and conditions notice on the end of the receipt? :)
      More cash registers can be set up to print a wee extra notice easily enough. :)

      But you’ll always get idiots or chancers in shops sadly. :)

      Reply
  • emma 19 July, 6:50 pm

    I bought a new prestigo tablet for £179.99 from a maplins outlet, it broke down within 4 months of purchase.
    When I took it back to the shop they happily changed it for another which was now reduced to £149.99. When I asked about my £20.00 rebfund, I was told that because the tablet was now reduced I would not be eligible for the outstanding £20.00
    I would like to know if applicable or am I being fobbed off.

    Reply
    • Stuart Halliday 28 July, 9:37 pm

      Maplin was 100% correct.

      You did have the option of a refund or a replacement within a ‘reasonable length of time’ in the Law (usually 2 weeks). Maplin has a rather generous time limit of 30 days. But after 4 months that is beyond a ‘reasonable amount of time’ in any court.
      So the law says you can only expect a repair. If Maplin wished to honour your purchase beyond the usual 30 days, that is up to them.

      If they can’t repair it, then they have to offer you a replacement of equivalent value. If they can’t offer you a replacement, then they have to offer you a refund minus a suitable discount based on the length of time you’ve used it for. This has to be agreed by both parties.

      BTW, It is madness to buy an item, then see it on sale at a reduced price (even if it was only an hour later) and demand a monetary refund.
      If we all did this just think of the collapse of the retail industry it would cause! :)

      Reply
  • Sarah 24 July, 12:47 am

    Could someone please tell me how long you keep an item when they payed for it not pick it up for 2months from charity shop . Thank you for anyone that tell me .

    Reply
    • Stuart Halliday 28 July, 9:27 pm

      There is no time limit.
      As you in all likelihood bought a second hand item, you have no rights in the sales of goods act.

      It’s an issue between you and the shop. I suggest presenting the receipt to the shop which I guess indicates that you have not picked up the item? If it doesn’t then it’s down to the good will of the manager.

      I would have gotten the shop assistant to write on the receipt that they will hold it for you and agree between you and them for how long.

      Reply
  • Priya 26 July, 1:52 pm

    What’s my right when I buy something on reduction from retailer then 2 weeks later it gets reduced further can I get the remainder back?

    Reply
    • Stuart Halliday 28 July, 9:22 pm

      No. Absolutely not. That is your ‘error’/misfortune.

      If the sales person indicated that this was the lowest price and it wasn’t. You have to prove that conversation. Which is virtually impossible.

      Did you ask at time of purchase why the item was reduced?
      Basically when you buy something, ask questions. :)

      Reply
  • Sarah johnson 26 July, 6:35 pm

    Hi, I bought a blue dress from Debenham for 150 pounds I’ve worn it twice and there seems to be white stitching coming through at the front and the black of the dress showing through the blue…I’m sure this wasnt there before bit I don’t know how it has got there. Would I be able to get this dress changed or get a refund. I am wondering if this is a manufactory fault as the stitching is at the front and just above the slit at the back.of the dress.Thanks

    Reply
    • Stuart Halliday 28 July, 9:18 pm

      You don’t say the time period from when you bought it.
      If the item is faulty, you have to demonstrate it is faulty or “not of commercial quality” (that’s a legal phrase btw. So use it. :) )

      You are entitled to a repair or a refund if you’ve not owned the item for more than a ‘reasonable amount of time’. This period is decided by yourself and the shop. If you didn’t ask at the time of purchase what their terms and conditions are, then you need to go by their terms. Usually a couple of weeks?

      If the item was sold to you with this fault, then the long term part of the act comes into play. In England this is 5 years (Scotland 4 years) for you to ask for a manufacturer fault to be fixed. Though you do have to prove, usually via an expert, that the fault was made by the maker and not you.

      Reply
  • Linda cooper 26 July, 10:25 pm

    Leather 3piece suite £1800 problems peeling said they would change suite to
    Fabric like for like said would cost £550
    When I said what about refund1300 he said that was it I’m going through consumers rights letter been sent to shop
    Suite 9 months old surely suite should be
    Same price region as leather although fabric cheaper if cheaper. I must be entitled to refund of what’s left please
    Help I’m disabled 61 lady making me I’ll
    Thank you so much

    Reply
    • Stuart Halliday 28 July, 9:10 pm

      You have a right to get a functional item. If the item is still under guarantee then you have the right to a repair or a replacement.

      Anything else is between you and the shop. Once you go through with a replacement, you can no longer demand a refund. But of course you can get it repaired whilst under the original guarantee.

      You say you’ve had it for 9 months. So you’re not entitled to a full refund, just a replacement or repair. As you wish to do a replacement with a lesser value item, it is usual to get it done minus an agreed amount between the two of you on the value you’ve had from it for that 9 months.

      You and they are entitled to get an expert in to evaluate the sofa and decide if the item is faulty. Don’t take their ‘word’ on it.

      Reply
  • gideon 28 July, 9:49 pm

    my wife have an account with a furniture shop.her contract is for 24months. she already paid 5 months and she skip 9th. so what worry me is that the settlement amount is still the same and they didn’t count the money she paid. what must we do?

    Reply
  • Ray Jones 29 July, 4:51 pm

    My wife and I have paid in full for a cruise which departs on 7 August, the main port of call is St Petersburg. We both use mobility devices (walker and power chair). When we booked the cruise it was clear we were disabled, and we asked if excursions in St Petersburg would be available even though our mobility was limited. We now find that accessible excursions are not available in St Petersburg, and one other port of call.
    The cruise company are now refusing to give us our money back, and insist we must book another cruise. If there is any increase in price they are saying we must pay. They will not discuss compensation until we have decided on anther cruise.
    Are they entitled to withhold our money, even though the cruise is not as described, and does this contravene any disability discrimination laws?

    Reply
  • Noshi 31 July, 2:04 am

    Hi i dont know is it a right place or not if not then im so sorry for that last week my husband bought a hair extention i was trying to buy it was $76 i told him its not good he returned that the store lady gave him a store credit no refund he gave me that reciept i accidently throw it in the garbage and i call that store lady thay have my $76 but she s asking for a proof is tgere any way i can get my money or same store credit recipt do they have any copy or our name or credit card or something im so deppress please can anybody help me if this is the right place for my case thank you so much

    Reply
  • vani 31 July, 8:46 am

    hi,

    I booked a car yesterday (they told 7 day money-back grantee), i signed in the purchase of the vehicle on a special condition that on subject to John hues finance, finance is approved now, I am single earner, so definitely that to very low pay, so after long thought i decided not to buy a car now. so i told i am not in the position to take vehicle now, but they said i have to take it by any how if the finance what they arranged was not satisfied, i have to arrange some other finance and should take it, what shall i do now? kindly help me to handle the issue.

    Reply
    • Stuart Halliday 12 September, 9:57 pm

      When you sign *any* contract, you have a legal right to cancel it within 7 days of signing.

      If they didn’t let you, contact trading standards. Don’t use the item.

      Reply
  • Big Brian 3 August, 9:50 am

    I purchased an item that became faulty and was returned for exchange, after 9 months, should this replacement come with a new guarantee? do I have the right to ask the retailer for a refund as I do not think these products are fit for purpose.

    Reply
    • Stuart Halliday 12 September, 9:54 pm

      No, you don’t get a new guarantee. It just continues from the original purchase date.

      You’ve had it for 9 months, so must have been fit for something?

      The law states that once you accepted the item, you are the owner (this time period is usually less than a month). 9 months is well beyond any reasonable time for evaluating the item.

      If you didn’t use it, that makes no difference. Up to you to deal with the issue asap.

      If the item isn’t working then by all means ask for a refund if it can’t be fixed.
      But you’ll not get the full amount. It is proper that a percentage of the items price is removed for the time you you’ve had it in your possession.

      This can be discussed between your and the shop. If you don’t like their offer, see Trading Standards.

      Reply
  • Vicki 3 August, 12:10 pm

    I purchased 2 swimming costumes for my daughters from sports direct store and because they don’t have a changing room I asked if I could return them and get my money back if they don’t fit. I was told yes so I purchased the costumes to try at home. Took them back today and they have refused to return my money and offered a credit note instead. I explained that I was told yesterday I could get a refund and they were really rude and said no. Can they do that?

    Reply
    • Stuart Halliday 12 September, 9:45 pm

      When sales staff do this sort of thing, it’s best not to rely on verbal agreements as they can ‘change’ their minds. Read their written T&C. If you can’t see them, ask for a copy.

      Ask a second member of staff who is at least an assistant manger to get a second opinion.

      The law states that unless the item is custom made the item has to be fit for purpose.

      Regarding clothes, it is 100% up to you to ensure it will fit before you buy.

      Most shops will offer a refund, but this is entirely up to them, not the law.

      One trick I’ve heard people use is to ask if the item is the correct EU standard size. If it isn’t then they have to refund you as it’s not fit for purpose. Have a witness to the question as well. :)

      Some people are now video’ing their purchases on their phone as proof. Just ask for permission first.

      Reply
  • Kerry 6 August, 6:08 am

    Hi I bought a bed less than a week ago the mattress is so hard I can’t sleep on it another night what can I do it is physically hurting my joints

    Reply
  • aaron 6 August, 11:25 pm

    Hey I bought a new phone and after 2 months of use it developed a fault in the headphone jack as no music was playing through the headphone I’m confident that that the fault was not caused by me I took it to back to the shop the after 3 days I found out about the fault as the timing was inconvenient for me.The shop said that we have to send it away for repair,am I entitled for a full refund and if not what am I entitled to?

    Reply
    • Stuart Halliday 12 September, 9:34 pm

      No reason why the shop needs to send it away for repair. so never, ever accept this.

      They have to supply a working item. If not they can offer a repair, replacement or a refund.

      If you accept a repair, then you can no longer ask for it to be replaced again (unless they can’t fix it of course). Shops love it when customers agree to a repair. Much easier for lazy sales staff. so don’t.

      Reply
  • jean horsley 7 August, 7:49 pm

    6wks ago i purchased a mobile phone from tescoe,the screen is showing a fault,wavy lines,ive lost my reciept,it cost £60,can i demand a refund?

    Reply
    • Stuart Halliday 12 September, 9:29 pm

      If you can prove purchase you can get a refund.

      If you paid by cash then it’ll be very hard for you to prove that you bought that item unless you used a loyalty card at the same time (that is proof you bought it) or failing that perhaps you know the exact time of purchase?
      They could of course look up their CCTV system to see you purchasing the item?

      If not, then you’ll be more careful next time?

      If by card, then no problem. Present the card and they can look it up on their records. Easy.

      Reply
  • Lynn Peckett 16 August, 11:19 am

    I bought a pair of shorts and had to take them back as they didn’t fit they are now in the sale and was only offered the sale price on returning them is that correct

    Reply
    • Stuart Halliday 12 September, 9:23 pm

      No, should be offered the original price.
      But check their T&C. You did wear the item so you may have breached their T&C and so they don’t technically have to offer you anything.

      Reply
  • Beth 20 August, 2:45 pm

    I bought a laptop on 2.1.14, since then its been back into the shop with it being slow and blue screening… they repaired it but when it came back to me, it started getting slower and slower again, now my trackpad is tempermental but was on its best behaviour when i took it into the shop today and they said theres nothing they can do. But plays up as soon as i get home. And i need this laptop for uni. Any help?

    Reply
    • Stuart Halliday 12 September, 9:09 pm

      If a shop sells you something new and it comes with a guarantee then you are entitled by law to get a working item.

      If you take the repair option, then you can no longer ask for a replacement *unless* they can’t repair it.

      So they have to by law offer you a new one or an equivalent one. This equivalent swap is usually based on price – the length of time you’ve used it. but they don’t decide this, it’s suppose to be a discussion with you.

      If they don’t, speak to Trading standards and don’t shop there again?

      Reply
  • Alison hack 21 August, 8:53 am

    I went to sports direct to buy snorkel and flipper set, £23 I could not see the sizes so asked an assistant to check the size! He found he said a size 11! On getting home my husband discovered that it was in fact 6/7? So a couple days later I returned the item to get a replacement .

    The manager said he didn’t have any bigger size, eventually after a while when I had told him to ask nearby stores if they had one he was very reluctant to even try.

    The only thing he said he could do was give me a credit note or take home a pair of snorkel and flippers that are useless to me or my family

    I have spoken to the customer services who said I can use the credit for 15 months but to be honest I don’t shop there it’s only somebody told my hubby they had this snorkel and flipper set that I went there

    So I won’t be able to use that credit note and they won’t allow it to be used online! So I’m stuck with a credit note for £23 that’s useless to me when I asked for my money he said we don’t hand out cashi said he could put it on my debit card but he wouldn’t do that either so £23 the firm basically is stealing my money

    Reply
    • Stuart Halliday 12 September, 8:56 pm

      You’ve been mis-sold or sold a incorrectly labelled item. So you are fully entitled to your money back if they can’t offer the item or a suitable replacement.
      You do not have to take credit.

      Reply
  • becky 22 August, 10:15 pm

    iv’e signed a contract with skoda for a blue metallic fabia 2014 car, i was all made up until they phoned two days later to say i couldn’t have that color in the car iv’e picked, because they don’t do that color in that style car, but it clearly states in the contract the car iv’e signed for with the blue metallic paint and the sales man has signed and dated it? it clearly states i can have that color, the sales man asked me to pick which color i wanted,do i have a leg to stand on to fight and get the color i want or would they have to change the car for a car that does it in the blue?? ??? helppp

    Reply
    • Stuart Halliday 12 September, 8:54 pm

      If you’ve got it stated in a signed contract and they’ve taken your money, then yes they have to by law supply that item, offer you a replacement or a refund.

      It’s as simple as that.

      Reply
  • michelle sanderson 2 September, 4:28 pm

    Hi I purchased some ppe from a unit in my local market they gave me the biggest size they do they don’t fit to small they offered me a credit note or exchange but know refund I cannot use the credit note was I cannot purchase anything as the sizes don’t fit and what do they expect me to exchange as the clothes don’t fit £35.00 is a lot of money to loose please can you help.

    Reply
  • Brandon Walah 2 September, 11:11 pm

    I bought a camera from a cash converters shop with a guarantee from the employee that it worked perfectly….which was a lie! After returning to the shop to see if they could fix it they instead offered me a different camera that wasn’t up to the standard I required. I then asked for a cash refund because there was nothing else that I required but was then told I could only get store credit. Are they within there right to do this even though the product was damage and couldn’t supply me with another or are my rights being obstructed? Please help cause I am gonna take a big hit if I cannot get a cash refund

    Reply
    • Stuart Halliday 12 September, 8:51 pm

      You’ve in effect bought a second hand item and therefore it is up to you to examine and test the item in the owners presence before purchase.

      They do not have to offer you anything. Check their terms and conditions as they have to follow that. If they don’t follow their own T&C. Speak to the Trading Standards.

      Reply
  • Derek Mallon 7 September, 10:46 pm

    My wife has misplaced her receipt from shopping At morrisons can she get a copy if she gives you her debit card details
    Many thanks
    Derek

    Reply
    • Stuart Halliday 12 September, 8:48 pm

      Yes, she just needs to show proof of purchase. This can be from the shop records or from her debit card account details.

      Reply