Returning Damaged or Faulty Goods
The Sale of Goods Act covers the purchase of most things from shops, suppliers and online or mail order retailers. It also details the retailers obligations in situations where you have to return an item to them take on the basis that it is damaged or faulty – or both.
Your statutory rights
One of your principal statutory rights is the expectation that the item will be of reasonable quality. This also includes fitness for purpose specified, appearance and finish, freedom from minor blemishes, safety and durability. The failure of the product to meet any one of these criteria is a breach in your statutory rights, enabling you to go back to the retailer, even after some months of use.
The retailer’s obligations
If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.
In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. If any inconvenience is caused you should be given a replacement item on a ‘like for like’ basis (and not simply the cheapest and most basic model). Many consumer complaints relate to the length of time the item is away being repaired – and although you must allow reasonable time for repair, the law does not say what ‘reasonable time’ is. It very much depends on the item itself and the nature of the problem. For most things, shops would usually allow you to exchange the item or give you your money back straight away. However, if the damage is minor and can be repaired easily, then the shop can insist on this as a first option, although this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with it.
If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality in this legislation, you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that any refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to take return the item if something else goes wrong
Proof of purchase?
Shops will often tell you they will only give a refund on production of proof of purchase. Don’t be misled 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.
If the item is damaged, the shop cannot say they will only refund on the basis of a till receipt. However you must have proof of purchase of some kind – particularly if it was bought recently and you want to show that the damage wasn’t caused by continued use or wear and tear over time.
Where you have no rights
- If you were aware of the defect before you bought it
- If you bought it from a private buyer on a non-commercial basis (i.e. not a shop)
- If you were invited to carry out a thorough inspection of the product and fail to spot a defect which that inspection ought to have revealed
- You simply changed your mind or the item was not appropriate due to colour, size or style
- The item is dirty and the mark can be removed easily at home. This is not the same as damage and shops are not obliged to give you any discount
Buying seconds or damaged items
If you are buying seconds, you are still entitled to a product which is undamaged and fully useable. If you knowingly buy a damaged product, the specific defect must be pointed out to you before you buy, and although you cannot then return the item on the basis of that defect, it does not mean you cannot return the item if you discover something else wrong with it – even if they have reduced the price. Don’t let the sales assistant tell you otherwise!
See also:
Related posts:
My mother has recently had a carpet fitted to discover, the following day, that there is a fault in the weave covering a large area. Although this is subtle fault it is noticable and unacceptable in her view. She has contacted the carpet shop to be told that it is the manufacturer’s responsibility to deal with the matter – your excellent site says not. How can my mother best proceed with this matter, baring in mind she would prefer the carpet to be replaced with a better quality product, and not the same style of carpet originally sold to her? Is it best we just try to get a refund and shop elsewhere for a better service? Is she within her rights to get the full cost refunded to her?
Donna, Irrespective of the type or nature of good, you must give the supplier ‘reasonable opportunity’ to repair in the first instance. Secondly you must not be made to suffer ’significant inconvenience’ by being without them. This is a bit subjective as you can imagine. This is what the law says, but I would agree with you – you would expect better service from a Gucci considering price and consumer expectations.
Natalie, you are correct in your understanding of the responsibility of the retailer to sort this out. the question is whether it is faulty and as such in breach of your statutory right to expect good quality. if this can be confirmed, the carpet shop would only be expected to replace the affected part of the carpet. If this cannot be done the whole lot must be relaid. You cannot request your money back unless this option has been discussed first. I’m afraid your mother cannot request another carpet unless you can demonstrate that it was not as described (luxury?). If all else fails and you have paid on credit card, you can request your money back from the credit card company, as they share liability for the purchase of poor quality products.
Sally, three points here. The responsibility is with the trader who sold them to you, not Prada, so the shop cannot use their response against you. Secondly, because you have had the item less than 6 months, it can automatically be assumed that the fault was present on purchase – and you do not have to prove this. Thirdly, you may still be within your 7 day cooling off period (it ends 7 days after receipt of goods) and entitled to a full refund. Put your request in writing and send it to their registered office address. If all else fails, consider reclaiming money back via your credit card or Visa debit chargeback.
Mike – No, you should not have to pay postage in the event that it is faulty. The supplier have the right to examine it first to confirm that it is faulty, and if it is, should then refund you the cost of postage.
On Dec 8th 2007 I bought Canon multifunctional printer/copier/scanner at PC World,Dundee. It is still within warranty and is now not working.I contacted P C World who told me to phone Canon direct. I phoned a call centre in India who emailed me a link to search for my nearest authorised Canon repairer.When the search came up with no results I phoned Canon in Surrey to be told that there are no repairers in Scotland! and that I should send my printer to them in Surrey.
Am I within my rights to expect a replacement or repair if I take it back to P C World
Hi Anne, My young son saved hard and bought a laptop computer on 26/12/2009. The laptop developed an electrical fault within 25 days and was returned to Currys for repair. The staff at Currys acknowledged to my wife and son that it had a fault as it would not start up and would have to be sent away for repair. The laptop was returned to the store who promptly sent it back again as it was still not working [only found this out after talking to them]. They have had the laptop for over 35 days now. Is this an unreasonable amount of time to have my sons laptop – they have had it longer than him! My son has been greatly inconvenienced as he has been unable to complete homework/course work and in general has become deflated that he handed over a significant amount of money for a young boy – he has lost confidence in the product. Have spoken to Curry’s but they hide under this 28 day rule and suggest that my son will not get a refund and will have to wait until it is returned. where do we stand. thanks Paul
I am afraid they are right Paul, you need to give them a reasonable opportunity to repair the laptop. If the same thing happens for the third time then you can argue that you have been more than reasonable and demand a refund. Sorry, I know this is not what you want to hear. Also, if they do give a refund they can deduct an amount for the usage you have had.
Hi, I purchased a double electric oven from Comet on Friday 14th November, however, when installed the oven failed to work, the digital display worked but when actually switched on the oven “blew” and subsequently tripped the main circuit resulting in all the lights going out! I have called Comet today who have advised me that an engineer needs to assess the appliance but he can’t get to me until Wednesday. Then at this point if the appliance is repairable, I am concerned that I will then have to wait for it to be fixed. Am I not within my rights just to have a full refund or replacement without waiting for an engineer in the first instance? I would be most grateful for your help/advice?!
Anne, it is the responsibility of PC world to deal with this, not Canon. They are well known for taking this stance. Warranty aside, if it is not working, you can claim a repair as your consumer right under Sale of Goods. This should happen without significant inconvenience or cost to you. Therefore you should be able to take the machine into the store for them to send wherever it needs to be sent. If you have to send the machine by courier and it is found to be faulty, you can claim back the cost of sending it from PC World. If this cannot be done, you can then claim a replacement.
Kirsty, I’m afraid you have to give them the option to repair in the first instance. However if it is causing you more than significant inconvenience because the repair is taking too long, you can request a replacement.
Hi
I purchased a lap top from comet during Esater this year. In October the hard drive packed up…losing everything, even my uni work!. I telephoned comet and they told me to ring HP as it was in warranty – i did and it cost me a small fortune for their technical support line! Anyway the system failed on the tests they told me to do so it was sent away and returned in about a week, which was good. This week, it has happened again (lost everything again!)I telephoned comet and told them of the same problem, and explained that it was too exspensive to call HP. They said i had to and i have got no choice if i want it repaired.. is this right? I feel like taking it back and asking for a replacement or a refund. Am i in my rights to do this?
Hi,
My husband bought a TV off e-bay from CT electronics on 4th June 2007 costing £160.90.
On 18th August 2008, the TV stopped working. I contacted CT electronics straight away. They told me it that the warranty period had passed for the 6 months and even if I had a 12 month warranty, that had also expired. The sales assistant recommended I “take the unit to a repair shop”. I wasn’t happy with their response but at the time I didn’t know my rights.
I’d expect a TV to last longer than 14 months. Per previous advice provided on this site, I have tried to research how long a TV should last. I have looked on RETRA’s site (Radio, Electrical & Television Retailers Association) but there is no time period specified. Are you able to advise?
Much appreciated,
Krystina
Sharon, the responsibility to fix your laptop lies with the retailer – irrespective of whether you have a warranty or not. They are directing you to HP because this is what they would have to do and it simply cuts out the middle man. However the law says that you should not experience any additional costs, which you are clearly doing. Go back to Comet, tell them they must sort this out and if the problem isn’t fixed this time, and within reasonable time you will be within your rights to ask for a replacement.
Krystina, the warranty is irrelevant, the fact is, you are right, the TV should last longer than 14 months. Unless it was second hand, in which, the law recognises that you pay less in view of the added risk of things going wrong. In conclusion, you take your own chances.
I purchase an Outwell tent in May of this year, used it once and it had a hole in it. I contact Millets upon my return and they replace it. It did take until the end of July to recieve the replacement which was only through me phoning that it seemed to arrive. We then used the replacement twice, the second time we fouind the stiching had come apart at the back of it and the canopy clips came off the stiching meaning we needed more replacements. I contact the store the beginning of september, they agreed to replace both but i am still waiting almost 3 months later for the replacements. Can i ask for my money back now? i feel i have given them plenty of time to replace…..
S Peters, You have allowed the supplier of the tent reasonable time and opportunity to replace the tent on two ocassions. You have now had to wait for an unreasonable amount of time and have also lost faith in the product. You would now be within your rights to request your money back.
I purchased a sheet of glass online about 10 days ago. I was told to make sure the item was checked before signing to make sure it wasn’t damaged otherwise it couldn’t be replaced at no cost. Unfortunately, I neglected to inform my husband and he signed for it without checking and didn’t read the delivery note. The item was damaged in one corner and the company will not replace it. Can I demand a replacement?
Hi
I purchased a jumper from Jane Norman in October but realised there were loose threads once I put it on at home, I didn’t see this in the shop. It was 4 weeks before I could return it to the shop to ask for an exchange (I didn’t think it would be a problem as I had my receipt) and they sent it away for inspection. I have just been informed that I am not entitled to a refund or exchange as the manufacturer does not claim liability for the damage, there was no offer to repair it either. Now I have to write an appeal letter to their customer services department, am I entitled to an exchange?
Kelly, I think you will have a fight on your hands. Sale of Goods legislation makes provision for any opportunity the supplier gives you to examine the goods before buying them. If there is a fault which an examination ought to have revealed, you won’t then be able to take it back at a later date. The supplier gave you this opportunity and specifically stated this before purchase. They can now reasonably argue that you have taken possession of the item and there is nothing further they are obliged to so.
Donna, this is a very common problem, the manufacturer simply says it is not their fault. However, the liability in this case falls to the retailer, NOT the manufacturer, so their response is irrelevant anyway! The 4 weeks isn’t really relevant, as long as you have the tags still attached to prove you haven’t worn it and therefore have not taken possession of it. This one is worth fighting, but take it up with the shop, and request the problem be escalated to head office is necessary.
Hi, I am looking for some advice on a dehumidifier purchased from B&Q on December 12 2007. I found that it stopped working 2 weeks ago and today (26112008) returned it to the store with the receipt from where it was purchased. I believed (possibly wrongly) that B&Q would replace it as it should last for longer than a year. I was told at the desk that I should phone the manufacturer who would send out a repair engineer to assess and repair or if a repair was not possible a new unit would be provided. Is this correct or should B&Q be doing more. They stated the this was standard for this type of product… I don’t have an issue with it being repaired, it just felt that B&Q were fobbing me off at the counter. I have returned items to them in the past with no issue.
Thanks. Martin
I have a Sky + plus box, in January 2008 it was replaced due to a fault with a another Sky+ box this has now started to play up, so I called Sky and got through to a Call centre in India. I explained my problem and was told that the replacement box was a refurbished unit and only had a 3 month warranty, compared to a new one with a year. I was not aware or informed when it was replaced that it was a reconditioned unit plus it would have a 3 month warranty only. Sky have it on their records it was a reconditioned unit. I was told it would cost £65 to have an engineer round to check the box. Where do I stand on consumer rights, as I mentioned it several times it went now where.
I tried to speak to someone in the UK but was refused any help, told to hang up and redial,where I would end up would be any call centre in the world. Whatever happened to speaking to someone in Scotland as before. Any advice please
Martin, You are not being fobbed off, you need to give B&Q the opportunity to repair the dehumidifier. Have a look at the article on the Sale of Goods Act.
PC_Plum, after six months of ownership you have to prove the Sky+ box is faulty and pay for the engineer to replace it. However, if it is faulty they should replace it or repair it and refund the £65. This does depend on how long you have had Sky+
Hi there. I bought an LG American style fridge freezer from Comet on 8th January 2008, although didn’t actually have it delivered (at my request due to work being done on the house) until the end of March – so in effect I’ve only had the machine 6 months.
On 11th December, I had to phone Comet because the freezer part wasn’t working. All my food has defrosted. I am still waiting on it being repaired. The first engineer came on 19th November and ordered parts (it has since transpired that the parts on order will not in fact fix the problem). I phoned them again on 24th November 2008 and they sent someone else out to ‘fix’ it on 27th November. He had a look and then said he’d need to order parts.
I phoned them yesterday (30th November) and was told that parts hadn’t even been ordered yet, and that they wouldn’t send out an engineer until they had!
My questions are – 1) is it correct that my guarantee will expire on 8th January even though the machine wasn’t actually despatched from their warehouse until the end of March 2008? and 2)I live in the country miles from the nearest supermarket – is having to wait nearly a month (and still waiting!) for the machine to be repaired a reasonable amount of time. What should I be saying to Comet?
Your help really would be much appreciated – it’s causing me no end of stress!
Thanks
Sally
Hi Sally,
The guarantee will probably be with the manufacturer rather than Comet. You will need to check the terms. However, the good news is that you are protected by the Sale of Goods Act which gives you protection for up to five years depending upon the product in question and its value – I would expect a fridge to last much longer than a year.
I would argue that a month is not reasonable and given your circumstances I would request a fridge freezer on loan while yours is being fixed.
I hope this helps.
Tony
We have bought a gaming PC on the Internet which after one day has failed, so it is not fit for purpose. We have spent the last 2 days trying to get a response from the supplier. I assume this purchase is covered by the Distance Selling regulations and the Sale of Goods Act. Is this correct?
I bought a computer component (motherboard) from a shop (online) about 4 months ago (Jul’08).
However i have had problems relating to this and I have tried to return it to the company I purchased from and they have said that I need to send this back to the manufacturer, not the company.
Am I right in assuming that they should accept the return and I am still entitled to a refund if the product is accepted to be faulty?
Thanks
I work in a clothes shop, if a customer brings back an item that is faulty, it is our own branded item so thats proof she bought it from us, but if she cant prove HOW she payed for the item is it right that we can only offer a gift voucher?
also if a customer cannot prove when an item is bought, are hey entitled to a refund on faulty goods?
Ian, yes, your purchase is covered by both. If it doesn’t work, you can reject the goods and get your money back
Paul, Yes you are right, it is the retailer’s responsibility. You must first allow them to try and repair the problem, they can then offer a replacement, and only when these two options have been exhausted can you ask for a refund
Sam, If the item is confirmed to be faulty, you must refund the customer in cash (not gift vouchers), regardless of how she paid – this is irrelevant, as long as she can prove she had a contract with you. If the customer has had the item for some time, you only need offer a repair, then a replacement and then a refund. If she cannot prove when it was bought, she cannot demand an immediate refund and must give you the chance to repair it first, or offer a replacement.
I brought a LCD tv on 4th January 2008, On the 3rd of March 2008 my tv pixels broke. It went off to be fixed by samsung ( I was left without a tv replacement for 3 weeks.) Now December 8th the same problem has occured. I dont want it being fixed for the second time in 11 months. My warrenty runs out on the 4th January 2009 Do I have the rights to ask for a new TV.?
Jodie, the law states you must give them reasonable opportunity to fix before asking for a replacement, but it doesn’t state how many times is reasonable. I would say you should let them repair it this time, but make it clear that you need a replacement while it is away, citing significant inconvenience, and that if this happens again you will expect a permanent replacement.
Hello. Last week I purchased a model boat online – I checked stock before ordering as it was a Christmas present. I was told they had one left in stock. It arrived damaged so I photographed it and emailed the company immediately. After much chasing the company has today offered to replace the item but state ‘packing and delivery’ will be payable. Am I right in thinking the collection and replacement carriage is their responsibility? Also if the replacement is not going to be in time for Christmas do I have a right to a refund?
Hi, I have just bought a brand new PC on ebay (it arrived two days ago), in auction, but it is from a company. It is faulty and keeps crashing, the seller in their policy states that I have to pay for collection and redelivery. Is this correct? I have read that the distance selling does not apply to auctions. But would I be covered on the sales of goods act? Thanks in advance.
Sarah, if the goods arrive damaged, you can reject them immediately and rescind the contract of sale. This means you must be put back into the position you were in before as if the contract had never existed. This means refund of delivery charges also. In addition, under a distance selling contract you have your 7 day cooling off – which will give you the right to get your money back in full including delivery. Either way the answer is yes.
Peter, the distance selling regs only apply to ‘buy it now’ transactions, not auctions, and then only with a business as opposed to a private sale. The Sale of Goods does apply in respect of quality, but again, only if you bought it from a business, not from a private seller. If the item is faulty and you haven’t had it for long, you can reject the goods and claim a full refund. If they are going to repair or replace they should do so at no additional cost to you. See:
http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/
Hi, I purchased a casio digital camera on amazon.co.uk in February 2008. The camera is faulty, the screen keeps crashing and it turns itself off. I have contacted amazon who stated that I must send it back to casio direct so that they may repair it. As it has not yet been 12 months since my purchase am I entitled to a replacement / refund from amazon rather than having to deal with casio – who were not very helpful! Many thanks
Hi, I have just my mum 2 pairs of jeans for Christmas but she wasn’t happy with how low in the waist they were. I took them back to the shops 2 days later and they offered me an exhange or a credit note. They said they don’t offer refunds as printed on receipt and there is a notice at the desk also. I never noticed any such notice at the counter at the time but I did read the receipt when my mum wasn’t happy with the jeans. I am stuck with a credit note for a shop I may never buy something in again and still need to get my mum something else for Christmas. Am I not entitled to my money back.
Shaila, it’s the retailer’s responsibility to deal with this, so by all means send it back to Amazon. Let them sort this out. They will only send it back to Casio anyway, so they suggested you do it to save them the bother! Amazon must pay for postage if the camera is confirmed to be faulty
Kat, I’m afraid shops are not duty bound to give you a refund. See:
http://whatconsumer.co.uk/do-shops-have-to-give-me-my-money-back/
The shop must have had their returns policy available at point of payment, presented clearly and legibly – i.e not a tiny sign!
Hi, I purchased a television unit some months ago on the internet and on delivery I was on my way out so had to just sign for the large flatpack box unchecked. On returning home that evening I noticed when opened that one of the panels was damaged. I reported this immediately via email to the supplier requesting they send out a replacement part and waited for a response. I was told that it had been referred to the manufacturer and they are awaiting a response. The damaged item is a facing piece so very obvious. After a few weeks of inadequate responses I instructed my credit card company and initiated a dispute. The credit card company now say that they have spoken to the supplier and that they have been shown a signed delivery note saying it was delivered in good condition and as such have declined the dispute.
What can I do now?
I purchased two ceiling lights from B & Q in June this year and have had problems with them tripping the main switch. At first I thought that some of the bulbs had gone and bought replacement bulbs and they seemed to clear the problem, but within a short time the same problem occurred, leaving me with no lights in the lounge, hall, kitchen and vestibule. We then contacted an electrician who checked the lights and found that the transformer on each light fitting was faulty. WE then had to pay £35 for his time. I took them back to B&Q who informed me that I could only receive back £76 as the lights were now reduced, but I paid £118 for them in June, they must know that the lights have only just been reduced and were not that price in June, I have also paid out £35 for the electrician, and £12 for new bulbs, making a grand total of £165 for goods that are now faulty. I cannot find the receipt and furthermore I am left with cables hanging from my ceiling when the electrician took them down and I will now have to pay for him to re-instal new lights. They did offer to exchange the lights for the same ones. What can we do?
I recently purchased an exercise bike from Amazon. After I had put it together I realised that it was of poor quality and would not last. I immediately took it apart, repackaged it. I looked on Amazons web site and it said that it could only be returned if it was faulty. This is a grey area, personally I think poor construction is a ‘fault’.
As this was a distance transaction it was necessary for me to construct the cycle in order to evaluate the quality. My previous experience of mail order is that returns are always accepted even if no reason is given. Could Amazon refuse the return and withold a refund?
Any help, Many Thanks
hi i bought a dishwasher from comet on 7-12-08 within a week it started stopping during the wash cycle and continued to do this intermitantly i took the machine back to comet on 22-12-08 yes 15 days after purchase and asked for a refund or credit to go towards a different machine to buy that day i was told that i had to have an engineer visit to see if he could repair the fault i am not happy that i will have what i consider a reconditioned item 15 days after i paid full price for it do i have to have a repair or replacement seeing as the product is 15 days old
Arun, under the law, a signed delivery note cannot represent acceptance of a product. It is only to indicate that you have received the product. The distance selling regs allow you a 7 days period in which to examine the goods and check them for conformance to contract – this is your statutory right. The credit card company is misinforming you. Inform them that this was a distance selling contract and you were rejecting the goods on delivery.
Paul, under the distance selling regs you have 7 working days in which you can change you mind and get a full refund. This is irrespective of whether it is faulty or not. The reason behind cooling off periods is to allow you to examine the goods at home. You are correct when you say that examining the item would involve taking it out of the box and putting it together. You cannot be penalised for this, and this position has been confirmed by the OFT. See:
http://whatconsumer.co.uk/returns-and-refunds/
Mark, although the law says you can reject the goods if they do not work, Sale of Goods now also make provision for allowing shops the right to carry out a repair in the first instance. However, this must be done within reasonable time and without significant inconvenience to you.
Drew, a receipt is necessary as evidence that a contract of sale existed between you and B&Q, although a bank or credit card statement will do just as well. If the item is faulty, you have the right not only to get a refund, but also to claim damages, in cases where you have suffered consequential losses. This may have to go through the small claims court. Put together a detailed breakdown of costs, which also includes a written report from the electrician to say the lights were faulty, take photos, include receipts and submit it to B&Q head office giving them 14 days to respond. If they do not you will seeking reimbursement through the county courts. See:
http://whatconsumer.co.uk/making-a-small-claim/
My friend bought a pair of boots from schuh last Friday for me as a Christmas present. I wore them once for dinner out with my parents and by the time I came home the canvas was freying and there was signs of the stitching coming loose and the material splitting. I was expecting the shoes to last longer than one evening. I was given the receipt, which I’ve kept, when I was given the shoes but my friend bought it on her debit card. Do I have any right to a refund/credit note?
Lucy, legally you do not have any legal rights because the contract of sale was between your friend and the shop (unless you have a gift receipt). However, as long as you have a dated receipt and as the product is clearly faulty after such a short wear, the shop shouldn’t have any issue in providing you with a replacement.
I purchased a jacket from Zara on 5th Nov, it cost £59. I have worn it most days and the stitching has come apart all along one of the sleeves. Can I return it to the shop for repair, replacement or refund afetr this amount of time? As it was sold in Nov, I assumed it was a winter jacket and would have expected it to last for at least one season!
I purchased a new pair of multi purpose ladders via ebay from a trade sales company. I made an offer and it was accepted. I received them on 23 Dec 2008 but one of the locks, which it needs, wont lock into position. They said they will exchange but I have to pay the postage which I have asked Parcel force and it would cost me £28. The ladders only cost me £66. What do I do next please?
Izzy, yes, taking into account the price you paid, you would expect a jacket to last more time than that without the stitching coming apart. Sale of Goods talks about durability as an element of quality. You are within your rights to return it to the shop, but Zara are only obliged to do a repair in the first instance.
I bought a coat from Jane Norman two days ago, and realised yesterday that a button on the inside lining had been ripped off and this had caused a small hole in the lining. I didn’t notice it in the shop when I bought it, and went to the store today to get a refund (I still had the receipt and hadn’t worn the coat yet). The manager refused to give a refund as she said there was no way of proving that I had bought a faulty good, I could easily have ripped the button off myself, and offered to give me a spare button, saying the rip was hardly noticeable anyway.
Am I stuck with the faulty coat? If I am entitled to a refund, how do I convince them? Thanks for your help.
My son bought some clothing from JD Sports last friday (27 Dec), today (1 Jan) we noticed that they faulty (the name is coming away from the side of leg) Unfortunatly, we can’t find the receipt and he paid cash (his birthday money!) Do we have any rights at all?
Thanks
I purchased an Acer laptop approximately 18 months ago from PC World.
Recently the plastic on one of the hinges has broken and the the plastic on the other is starting to split.
I appreciate that some time has passed but I was informed that provided you can prove defective quality or workmanship you actually have about 5-6 years in the UK as your warranty though I may need to prove this.
Would I have a leg to stand on?
I don’t think that its unreasonable that the inges of a laptop should last more than 18 months.
Thanks
John
We have purchased 2 sofa’s from SCS on interest free creidt.
When they were delivered the reclining sofa was in 3 pieces and just left without being put together. When my husband put it together & was positioning the sofa the end part came away from the middle & the fixing was all broken. We had not even sat on it, we reported it to Scs straight away & have asked them to take the sofa’s back. They have inspected it and agree it is damaged however as we cannot move either sofa due to extreme weight we have asked them to take both away & cancel our contract. What rights do we have as far as not requiring these sofa’s? We were told when sold to us that they were made of solid wood but were in fact sterling board and we were not informed that they were extremly heavy & we would not be able to move them once in position.
Christine, If the item is faulty, the company must cover the cost of postage, although they may require you to cover it initially until they confirm that it is actually faulty. You can then claim it back from them. The law states that you must not be put to any additional expense.
Eve, you have the law on your side and any damage within the first six months is automatically assumed to be the liability of the supplier. In other words they must prove it was NOT faulty, rather than requiring you to prove that it was. Because you haven’t worn the coat, you are able to reject the goods and claim the right to a full refund.
Debbie, You shouldn’t really need the receipt if you are bringing it back on the basis of damage, and it is obvious that the article came from there initially (although this is more the case with own-branded goods). If it is not obvious it came from there shops have the right to demand proof that a contract of sale existed, and indication of how much you paid. Still worth a try though I think.
John, please see:
http://whatconsumer.co.uk/how-long-should-it-last/
Rona, you can seek the reject the goods on the basis that the goods were not as described, but only where the description was a central element of your decision to go ahead with the purchase. However, unless you made it clear to them that you needed a light-weight sofa which could easily be moved, or asked them whether it was, they were under no obligation to inform you. They could argue that you had ample opportunity to examine the item in the shop before purchase. I would say broken fixings would not be reason enough to reject the goods, where SCS have acted reasonably and offered to repair them in good time and without significant inconvenience or additional cost to you.
I recently bought a cabinet from Argos that was described in the catalogue as a “Filing cabinet”. When it arrived (flat packed) and I assembled it, it was clear that it wasn’t a filing cabinet at all, the drawer that was described as “able to take suspension files” wasn’t big enough and only opened half way. To make things worse, the quality of the cabinet was very poor (thin MDF) and some of the fixings broke as I was assembling it.
I called Argos and they said that they would collect it, but I work all week and they only collect during the week. They agreed that I could leave the unit outside and they would just come round and pick it up. After two failed collection attempts I was told that they “obviously” wouldn’t collect it, since it was not in it’s original packaging, and I would have to disassemble it before they could collect it. Since the fixings broke as I was assembling it, I think the only was to get it flat again would be with a hammer!
We seem to be stuck – Argos will not collect it unless I disassemble it, and I cannot disassemble it without intentionally damaging it (and then I’m worried that they’ll say I damaged it and not refund me).
Should they collect it in it current state? Should they just refund me and let me take it straight to the tip? What are the rules for refunds on flat pack furniture? It seems that I have to suffer “significant inconvenience” to return the goods if I have to spend an hour disassembling and repacking them in the original box.
Steve, in the case of poor quality or misdescribed items there is no obligation on your part to return the items in their original state in the original packaging. As long as you have fulfilled your duty of care requirements and not left it out in the rain etc, and you have valid proof pf purchase. You must give them the opportunity to examine the item – couldn’t you simply pop the item in the back of your car as it is and take it down to the store on Saturday? Better to act sooner rather than later so they can’t imply that you have accepted and taken possession of it.
Actually, they were adamant that:
I could *not* return home delivery items to a store (since they have no facilities to accept the goods)
I could *not* return flatpack items unless they were back in their original packaging (“for health and safety reasons”).
They could only collect items on a weekday between 9am and 5pm, and there had to be someone present to sign for the collection.
I thought I was going to have to waste 2 hours packing it up, and then take a day off work. Not really worth it for £50 (maybe they just wanted me to give up).
As it happens, I quoted Sale of Goods Act terms (stuff about accurate descriptions, and about “remedial action” being without significant inconvenience), and I got a next-day response saying that my costs had been fully refunded, and that there would be a £5 gift voucher by way of an apology!
Many thanks, the info on this site saved me a huge amount of hassle!!
Hi
Under the section: Where you have no rights
You state: “You simply changed your mind or the item was not appropriate due to colour, size or style”
I purchased some cycling boots online sized at EU 41/UK 7.5
I usually buy UK 7 and these boots are far too small – are you saying that I have no right of exchange/return?
I am still awaiting return of contact from retailer so they have not as yet refused I just like to explore the facts.
Thanks
James
Hi James, When you make a purchase online you are protected by the Distance Selling Regulations which give you seven days from the day after the item was delivered to cancel simply because you change your mind. Have a look at this – http://whatconsumer.co.uk/mail-order-your-right-to-cancel/
Thanks for that Tony. There was actually a link on the front page on their website regarding returns/exchanges so all looks good.
Cheers
James
hi i bought dishwasher that went faulty within 15 days of purchace. the machine went rusty inside and caused my stainless steel knifes and forks to get rust spots on them. managed to get the money back for the machine “i think” as its been 6 working days and its still not in the account but im not giving up on that yet my question is i contacted comet and they say they are not responsible for the damage caused to my cuttlery and will not be looking into any funding to replace it please advice on were i stand thankyou
Hi, I too have a bit of a problem with a faulty good.
I purchased a £400 Servis washer dryer from Littlewoods direct in June 2008. The washer dryer is under 12 months warranty and has recently developped a fault (it makes an awful noise when spinning as if there is something loose inside the machine). I called Servis care line to be told that Servis uk has gone under administration, I then called Littlewoods who gave me another phone number to organise repairs. After a lot of calling here there and everywhere, I was told a engineer will be coming out to have a look at it 10 days later (I tried to get an earlier date but he is fully booked). So now I am with a washer dryer who will not wash for at least 10 days (and I have 3 children who need clean school uniform) – as my husband and I work full time I cannot waste time / money in laundrette…
I then did a bit of research on the internet and gathered that I could ask for a return & refund if the good I purchased became faulty in an unreasonable timeframe (ie, a washing machine should function much longer than 6 months before anything starts going wrong). I then called Littlewoods back to let them know that I was unhappy with the situation: quite an expensive faulty washer dryer, the long wait for an engineer and Servis being under administration – what if anything goes wrong after the warranty expires??? I was told that until the engineer gives them a full report on the fault (and if it is repairable), they will not agree to a return & refund or exchange.
What are my rights?
I would rather they give me a refund and I get another machine from a company that will last the distance…
Mark, if damage has been caused as a result of a faulty item you have the right to claim damages, although it must have arisen as a direct result of the problem and the claim must be a reasonable reflection of the loss suffered by you. There is no direct provision in Sale of Goods, and you may have to threaten them with the small claims if they do not agree.
I was brought a digital camera from Curry’s just over 5 and a half months ago as a present for my birthday. It was brought in cash around the begining of july. The camera keeps beeping and will not turn off although i have only used it on few occasions. I have taken it back and they have told me that they cannot do anything as i have no receipt. they have checked the system and they did not take my details down on that day like they should have done. They therefor have refered me to the manufactur who say that they cant do anything without proof of purchase.
they checked the system and says there are no cash transactions for the day. what must i do as i have an expensive camera that i cant use or replace?
Natalie, I’m afraid you do require proof of purchase when dealing with the retailer. In theory you shouldn’t need proof of purchase when dealing with the manufacturer for the obvious reason that their name will be on the item itself. However, they will need to see a contract of sale in the form of a receipt to know it’s not second hand and also to know when it was bought in order to rule out wear and tear over time. Without proof of purchase your rights are very limited in this respect and you may have to just be persistent.
Hi! 10 months ago I bought a laptop for £999 from PCWorld.
The laptop is under a 12 months warranty and has recently developed a fault (it turns off all the time, the battery is faulty). I’ve been in PCWorld to ask for a repair and I’ve been told that I need give £80 for repair and another £50 for parts. I’ve got the receipt and I don’t understand why they are treating me like this! Please, Can you tell me what rights I’ve got, or where I should go and do?
In December I purchased a western digital terrabite external hard drive from pc world for £88 as back up 4 my laptop as space was getting a problem. after a months use it didn’t want to work any more. took it to PC World and they confirmed it was faulty and said they’ll replace it. I asked then what about my data on the drive I’ve lost. they said they recover it but for £100. How can they charge me so much on retrieving my data as it was their faulty item that lost it in the first place. they remarked I should have backed my data up. but I bought the product with the idea of it being my backup in mind
Sonia, It is irrelevant whether it is under warranty or not, if it has developed a fault, PCWorld must fix the problem at no extra cost to you. The person you spoke to you may not have known, I would ask to speak to the manager next time.
Jaco, you are correct, the product you bought was for backing up, so in theory you shouldn’t have required further back up. The law allows you to claim for consequential damage and losses as a direct result of a faulty product, and this would include lost data if you are able to put a figure to it. Therefore they shouldn’t be charging you for recovery of the data. Threaten them with the small claims court if they do not do it as a goodwill gesture.
I bought a TV on Thursday last week. After being away for the weekend, I tried the TV on Sunday only to realise that, when I turned the volume up, the left speaker was distorting badly and was broken. It also then decided to lose it’s database although, after resetting the unit to factory defaults, I was able to retune it. I rang the customer service helpline and was told by a representative that the store would check the unit and replace it. I returned it on Monday and was then told that, because I hadn’t returned it within 72hrs, it would have to be sent for repair and I had been misinformed over the phone. I’m also worried the unit is more likely to go wrong again as it wasn’t in A1 condition when I bought it and I didn’t take out an extended warranty. Is it right that I am not entitled to a replacement model after such a short time. There is nothing about their 72hr policy on either the leaflet attached to my receipt or the receipt itself and I also can’t find anything on their website. I just want a replacement but now am tempted to ask for a refund – any advice on where I stand would be much appreciated.
Debs, the law states that you can reject an item and get a full refund if you haven’t had it for long and there is a major fault of some kind. However, if the fault is minor and easily repairable, then you must be reasonable and allow them to repair it in the first instance. If they cannot, or they are taking too long, or causing ’significant inconvenience’, then they must replace it. Only when these two options have been exhausted can you request a refund.
I bought a digital SLR camera on boxing day, and have used it a few times since. After I downloaded some pictures last night, I noticed that the camera has a series of ’stuck’ or ‘hot’ pixels, where they are stuck on green or red. There are two single pixels and a cluster of red pixels. These pixels are very noticeable on pictures taken in low light, and would require specialist software to remove them from pictures.
Its now a week past the 30 day return policy of the shop I bought the camera in. Do I have any rights to an exchange? The shop has offered to have the item fixed for me (although it can’t actually be fixed, they just tell the camera to not display the bright pixels) but this will take 3 weeks. I need to use the camera this weekend, and then I go on holiday in two weeks time where I was hoping to use the camera. Do you think it is reasonable that I should be given an exchange, (or upgrade at extra cost as the model is no longer available) as I think it is a significant inconvenience to be without an expensive camera for 3 weeks?
Thanks
Andy, the 30 day returns policy of the shop is irrelevant where the item is faulty. As the article above says, you have the right to a repair, a return and a refund in that order. However if a repair causes significant inconvenience to you or takes unreasonable time, you can request an exchange.
Hi,
I purchased a mobile phone on contract with orange from Mobiles.co.uk in November 2008, in december eveything that could go wrong did, so i took it in to carphone warehouse who replaced the phone 3 weeks later. I got a new phone back on 8th Jan and now this new phone has broke again! I do not want another sony ericsson phone!! Where do i stand on being able to chnage the make of the phone? Ive been told of my friends that i wont be able to!
Any help will be great thanks!!
Nicky
I have purchased a Hotpoint cooker with my catalogue. The item description is different to that which I received – a white main oven door contrary to a stainless steel cooker. Also with that, the oven door is a defective in the finish of the very same oven door – manufacture defect!
I have spoken to my catalogue and they have offered to repair the item, free by Hotpoint; by which they want to replace the main oven door to the now stainless steel door that should have been there in the first place. Clearly a manufacturers’ defect!
Are my catalogue within their jurisdiction to require that this work be completed – they have argued that because the item has been used they can no longer take the cooker back.
I would appreciate any comments, please!
Bought LCD TV Dec 2007. Item developed a fault in August 2008. September 2008- Phoned the website from where we bought it who told me to contact manufacturers LG. They have been out twice to try and fix the TV- have rendered it irrepairable in writing. Contacted sellers who are demanding that we return the TV to them at our cost. It says above returns should be at no cost to ourself- where do we go from here?
Thanks
On the 21st Dec 2007 I bought a camcorder(Aiptek AHD 200) from Maplins. It was guaranteed for 24 months. A couple of weeks ago I had a new Grandchild and needed to use the camcorder, it would not work so I returned it to the shop.upon inspection I was told it would have to go back to the manufacturers and that I would have to deal with it as their guarantee was 12 months. I had no idea that they could override the guarantee that was in the box and feel completely ripped off (Aiptek are in Germany)this camcorder had not been used for more than 20 minutes.I had to go and buy a new camcorder in order to get pictures of my new grandchild.I will never use Maplins again.
Joe, Maplin has responsibility under Sale of Goods – the warranty is irrelevant. See the information above and here:
http://whatconsumer.co.uk/how-do-you-measure-quality/
You can still challenge Maplin for breach of your statutory rights.
Annette, the law says that the retailer will cover the cost of shipping if the item is found to be faulty, giving them the right to confirm whether this is the case or not. They can request you cover the cost initially but if it is found to be faulty, you have the right to claim back this cost from them (small claims if necessary). In practice, this is very poor customer service and few retailers operate like this, and you should get written assurances from them that they will reimburse you.
Tracey, the two problems you describe constitute a breach of two of your statutory rights. However, you must allow the retailer the opportunity to put the problem right in the first instance, and only if they cannot do this (or cannot do this in reasonable time) can you insist on a replacement or a refund.
Nicky, see the section on mobile phones in our Consumer Guides section. The law states that it should be repaired without significant inconvenience to you. If it keeps breaking down, you could claim loss of faith in the product, but in reality a significant proportion of phones which break down once, then break down again. Its unrealistic to expect that you will get another phone after only 2 faults – it is usually at least 3, so give them notice that if if happens for a third time, you will be seeking a replacement with alternative or a refund.
I purchased a carbon fiber bicycle component manufactured by in Italy and had it shipped to me in Australia from the UK. As I understand it I have certain rights under UK consumer law that protect me with regard to faulty goods and warranties, even in the case of mail order purchases made on the internet.. The item in question has been in my possession longer than 6 months, and just over a year after purchase the right lever mechanism developed a fault which has rendered it unfit for purpose. It was sold with a manufacturer’s written 3 year warranty/guarantee (i.e. this is not an extended warranty). I have been in discussion with the seller (ProBikeKit) and they at first tried to imply that as it was purchased over a year ago it was no longer covered under warranty I informed them of the standard manufacturers 3 year warranty provisions. They agreed to the repair but said they only cover returns postage etc in the first year. What I would like to have clarified is whether I am liable for the shipping costs in both directions – noting that I will have to pay for sending it to the UK, then on to a Campagnolo repair facility which could be in Italy! So, as you can see I’m wondering how much all this is eventually going to cost me.
Troy, New Regulations now mean that any warranty is legally binding, so that must be honoured. However Sale of Goods takes precedence, which gives you right to remedy without having to incur additional costs – this includes postage, labour, or materials. Whoever told you that it is your responsibility to pay after 1 year is wrong. If the item is more than 6 months old, the supplier may require you to pay for shipping up front, so they can confirm whether it is faulty or not. If it is, you can claim back these costs. However the supplier is only obliged for costs within the EU, so you wouldn’t get all of your shipping costs paid from Australia.
Hi Catriona
Firstly, thank you for your earlier response (received on February 23, 2009 at 3:39 pm) to my question (sent February 20, 2009 at 7:12 am) about my consumer rights with regard to warranty returns from overseas back to the UK for a bicycle component purchased on-line at ProBikeKit in the UK that was shipped to me in Australia.
I would appreciate knowing which sections or clauses in the Consumer Protection law/s – including any Regulations/Orders/Advice that may have been issued or is currently in effect – that cover my situation, so that when I discuss my matter with ProBikeKit I can do so with knowledge my rights and the relevant parts of the legislation.
Thanks, Troy
Troy, took me ages to find the original post! Your statutory rights under Sale of Goods as regards quality can be found at S.14, while your remedies can be found under S. 48. You can read the Act in full at: http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_1
Good luck
The iPod my Mum bought me for Christmas, from HMV, is not holding it’s charge.
Not sure if it is the iPod battery, or the actual charger but it is definatley faulty. Trouble is I cannot find the receipt, and Mum paid in cash, although she did have her friend with her. Is this proof of purchase, can the trader not tell by the barcode on the box, or the code number on the iPod that they sold it approx 10 weeks ago?
Sam, unfortunately you need some proof of purchase to prove that a contract of sale existed between you and the shop, which is why it’s always advisable to pay for electronic purchases on card. the trader won’t be able to link the bar code to you personally, so this won’t do, neither will the word of a friend. You could appeal to their better nature, or try contacting Apple directly, as the shop would only send it back to them anyway. In the meantime, try running it down completely a couple of times before charging it up again. But don’t overcharge.
i bought a pushchaire from toys r us in december and have used it once i have noticed that on the seat the stiching has ripped apart. they said they would not give a refund, but they will send it away for repair, but i dont want to have it back as i dont want to risk putting my baby in this pram again. am i entiteld to a refund or credit note.
Kayleigh, I can understand your concern, but you have to give the supplier the opportunity to repair the problem before asking for a replacement or a refund.
I bought an ipod touch charger from “online ltd” via amazon and received it on Tuesday 24th of February. On Friday 27th that same week, it was plugged into my ipod and suddenly blew, frying my ipod so that it won’t work. Can I get compensation/repair for my ipod and the charger?
I brought a watch from H Samuels in Nov 8 for £185 reduced from £380. After a week I realised that the watch was 6 years old (from serial number). I spoke to the manufactures, Seiko and they said that the watch needed to be serviced and have a new battery fitted. I took it back to the shop and they agreed to send it to Seiko for the service. The watch took six weeks to be returned to me but came back working ok. However by Feb 09 it had stopped working correctly and was not telling the right time as the hour hand had slowed down. I took it back to the shop but they informed me that their 30 day guarantee had expired and therefore they would not refund the watch (although it had been away at Seiko for all of the 30 day period). I managed to get them to send it back to Seiko for another repair. What are my rights, can I ask for a refund if I’m not happy with the repair ? Do H Samuel have the right to say that there policy is no refunds after 30 days and only be prepared to send items back to the manufacturer.
Hi we purchased a toilet from the big bathroom company, on the 9.2.09, it was delivered 2 weeks ago, we checked it over as per their policy, to do so and report any faults within 72 hours,there appeared to be no faults at this time, obviously we have only got around to fitting the toilet as we had other work to complete before we could fit it, on fitting the toilet, and going to take off the plastic, which was tightly fitting on the toilet, a big chunk of it came away, off the top, therefore we could not have seen it earlier as the plastic cover is tight, and obviously kept the crack, chip in place, until we went to unwrap it. The big bathroom company say they will not replace the item as we should have checked it. What rights do we have in this case?
Annoyed customer, if a good is faulty and causes further damage to something else, you can claim damages over and above the refund you would get from returning the faulty item.
Mark, the above post answers all your questions here. If the watch is faulty or not working correctly the guarantee is irrelevant and the 30 day policy does not apply. However you must allow the supplier the opportunity to repair in the first couple of instances and if this does not fix the problem you can ask for a replacement and a refund in that order.
Sophia, Sale of Goods overrides any policy a firm might have to report any faults within a certain amount of time. If the goods are still in their original packaging and it is clear they have not been unwrapped and installed, you are within your rights to reject the goods, and where a reasonable repair or replacement can be made within reasonable time, get a refund.
Wondered if anyone could help with my situation, ordered a spa bath costing over £1000. It was delivered on Friday – I naively did not check it over before signing for it. Checked it once delivery men left and discovered it was badly damaged which I immediately reported to the bath supplier and delivery depot. Now both are claiming no liability as I signed for the bath. However I was not told by the delivery men that I was signing that I had checked the item and was accepting it. Please help as I am stressed and confused and clearly want to resolve this issue as cannot just write off over £1000.
I bought a DVD from ASDA at the start of this week. I was playing the DVD during the evening when it stopped playing. I tried it in another player and it did the same, which confirmed to me that it was a problem with the disc. I wanted to finish watching the disc, but couldn’t easily get back to ASDA at the time to exchange it. However, my wife was at a friends who lives very near to a Tesco, so I phoned her and asked her to pick me up another copy on her way back. Today I took the fauly copy back to ASDA for a refund. They stopped only slightly short of accusing me of copying the disc and trying to return it, and said their policy is just to give a replacement. In the end they did relent and my complaint to their manager is mainly about their attitude, but I suspect from reading the atricle above that they were in fact correct that they didn’t need to refund. Is that right?
Anne, a signed delivery note does not constitute acceptance and is not the same thing at all. You still have your statutory rights. please see:
http://whatconsumer.co.uk/delivery-and-collection-of-goods/
for more on this
Keith, if the item is faulty and you haven’t been able to use it, you have the right to a refund. It’s only when you have had the item for some time and have been using it that shops can insist on a repair or a replacement in the first instance. You were correct to ask for a refund and they should not have acted so unreasonably.
I bought a steam generator iron from Sainsburys in December. It has now stopped producing the powerful amount of steam and instead it steams as a normal iron would. It has been used according to instructions and has had it’s filters changed when indicated. I have the original packaging but have mislaid the receipt. I paid cash for the item so have no other way to prove purchase, can I still return the item and request repair/replacement/refund?
Vicki, I’m afraid you must prove that a contract of sale existed between you and the retailer, otherwise you cannot oblige them to do anything. You might try going to the manufacturer, and if you registered the guarantee with them after purchase, they will repair it for you.
Hi
Hope you can help! I had a ring given to me for xmas from h samuel. after 2 months a stone and claw has fallen out, but i don’t have the stone to put back in. I took it to the shop and they told me it was not a manufacturer fault, although they didn’t physically prove it, just sort of talked over me and pointed the finger. The manager was very rude and would not listen to anything I had to say the only response I got was “No, its not our fault”.
They sent it off for an estimate and its come back at £98, bearing in mind the ring only cost £125! Can I still go in there and request a repair/replacement? I honestly do not believe that the ring was fit for purpose (ironically an “eternity” ring) but I felt sort of bullied into letting them send it off, and as its so expensive, I’ve had time to look into my rights!
I bought a TV set from Currys in October 2008. On setting it up, it only received 9 channels. Currys replaced the set with another one that, although it received all stations, had a problem with the picture and less than four months after acquiring the set, it packed up altogether. When I asked for my money back, as twice bitten, twice shy, and I did not want to take the same model and Currys had no alternatives to offer, the assistant said she could only give me Gift Vouchers, insisting it was company policy. I immediately wrote to DSG Customer Services and I am still waiting to hear back. What do I do next? I paid for the goods with a Credit Card and normally any refund would be credited to that Account. I am stuck with nearly £250 of gift vouchers to use at Currys. Is this right and within the Sale of Goods Acts?
I bought a camera from Argos. When it broke I returned it to get fixed. I was charged £40 for this and I am not satisfied as it was not fixed. I then left the camera back again to get fixed and when I collected it they took my battery and are not returning my receipts for the purchase of the product or for getting it fixed the first time.
Claire, you have the law on your side here because if the item develops a fault within the first 6 months then that fault is assumed to have been present when you bought it. Therefore you don’t need to prove a thing. As the above article says you have the right to a repair in reasonable time and without further cost to you. If they cannot repair then they must provide a replacement – again at no additional cost. Go back and request they do this in line with your statutory rights under Sale of Goods.
John, I can understand your reluctance to get the same model. However, Currys are within their rights. They only have to offer a repair in the first instance, followed by a replacement (same or equivalent model), and only have to provide a refund if the above two cannot be provided. However, they must do this in reasonable time, without additional cost and without significant inconvenience to you – which means providing you with a replacement set while yours is away for repair. You can claim loss of faith in the product, but in practice two faults wouldn’t be enough to reasonably constitute this.
Stephanie, Argos should not have charged you for fixing the camera if the problem was not your fault. See my reply to John (Currys) to see what your rights are in this case. They must also provide you with your receipt as this represents a legal contract of sale and something you need to keep in your possession.
Can anyone help me? I’ve been in a dispute with Marshall Wards for a month now. I bought a computer off them , it wont run load or anything , its a total waste of time , and all they do is tell me to ring zoostorm who made the comp. I phoned MW on the 6th day i had the comp, one said they’ll have it back , one said they won’t. All I want is the computer returned now because I’ve had enough, it hasn’t worked since i got it. Can anyone help? I have threatened ill go to the citizens advice too and to no avail. Thanks Alison
I recently purchased a fridge-freezer online. When it was delivered I had absolutely no chance of unpacking it on the pavement and checking it inside and out. I signed the delivery note, which stated that signing meant the goods were received in good condition. There was a clause to say goods signed as unchecked would be deemed to be accepted in good condition. When help arrived and we got the fridge inside, we found the massive dent on the outside of the fridge and the crack behind one of the shelves on the inside. Having contacted consumer direct, I wrote to the trader and the credit card company who stated that as i signed the delivery note they will not do anything. I have since written a second letter to the trader and am awaiting a reply.
My argument is that i did not have a reasonable opportunity to examine the goods and that they must prove I damaged the fridge after it was delivered. I have not had a reply from the credit card company yet. Where do I stand if i have to take them to court?
i bought an i pod but the guarantee ran out by 12days it has developed a fault and will not play. Can i have it repaired by the store i bought it at or have i wasted £176 on something that has only lasted 1 year
Abi, please see:
http://whatconsumer.co.uk/delivery-and-collection-of-goods/
for your answer to this. In short a delivery note does not constitute acceptance of the goods and you do not have to prove a thing. The retailer is acting unlawfully in this case. Simply invoke your cooling off rights under the distance selling regs (7 days) and send the item back for a full refund, including a refund of all delivery charges.
Steve, Please read the above article. Under Sale of Goods the store must repair the item at their expense. The warranty is irrelevant.
Alison, the above post should tell you everything you need to know. if the item is faulty and you are within the first 6 months, you don’t need to prove a thing. Under Sale of Goods, the responsibility lies with the retailer, not with the manufacturer, and you have the right to a repair or replacement (in this order) at no additional cost to you. Calmly point this out to them, request they send a courier to collect the item and tell them you’d like it back within 21 days in full working order. These are your statutory rights. Get the full name of the person you are speaking to and if you don’t get agreement, ask for this issue be escalated to someone more senior, in line with their complaints procedure. Don’t worry, you have the law on your side, but the best approach is to be as business-like as possible.
can you please confirm in your reply that i am entilted to have my i pod repaired the 1 year guarantee ran out 18 days ago and developed a fault and will not work comet who i bought it says as the guaratee has ran out i am responsible for the repair is this so awaiting your reply s atkins
I bought a settee and matching swivel chair from DFS. The swivel chair appeared wonky so we had someone out to fix it,.and they ‘put it right’. However, we noticed that it still looked wonky and and was getting more and more wonky until it finally snapped off completely from the base within a few months. We are stillll waiting for them to come and fix it,.apparently they are waiting for a part, but what we really want is just a refund and they can have the chair back. But apparently the warranty doesn’t cover refunds, just repair. Is this right? Can’t we just get a refund?
Steve, the information Comet are giving you is incorrect and the guarantee has nothing to do with your statutory rights under Sale of Goods (s.48). This states that if something develops a fault (at any time) before it should, the retailer will take responsibility for providing a repair. the repair should be carried out in reasonable time and at no additional cost to you. Comet may tell you to contact Apple yourself, but as the retailer, the law states that it is their responsibility to organise the repair.
I bought a briefcase from Argos in March 2007. One of the locking clasps has now broken. Luckily I have the original receipt and there are no obvious signs of wear and tear.
Under the Sale of Goods Act (s.48) am I able to ask for a replacement or repair?
Jeremy, you might have a job as the item is over 2 years old. Nevertheless, if the item was designed to last several years longer than this (perhaps reflected in the price), then Argos are obliged only to provide a repair in the first instance.
Helena, DFS only have to provide a repair in the first instance. However, if this cannot be done in reasonable time or if it causes significant inconvenience then you can request a replacement. Only if this cannot be done can you ask for a refund. If you feel they have taken too long in providing the repair, give them 7 days to provide a like for like replacement.
I bought a TECO TV from the internet from TVS Direct – after about 4 months we had some minor problems and called up the TVS direct.com – they told us to contact the manufacturer to sort things out under the 12 month warranty which we did and they replaced out TV after a month. The replacement TV we got back in exchange ended up being completely faulty After a month and no response we called and told them to replace the faulty TV with another. I am getting nowhere with this company and no one can seem to point me in the right direction on how to get this sorted as it was bought from the internet and the european headquarters for warranty repair are based in Netherlands. I have threatened to report to them trading standards and they just dont seem to care as they are not covered by UK law from the looks of it – but we are part of EC – can nothing be done to make this company listen? I am now stuck with a faulty TV for over 4 months that is not working
Hi there,
I bought whirlpool bath from Victoria Plum bath centre, that when installed turned out to be faulty.
The retailer says i have to return the unit to them, at my cost, for inspection. I had the unit checked by an independent tradesman who confirmed the fault was with the manufacturer.
My understanding is that I should not have to pay in order to return faulty goods, is this correct?
Toby
Hi, I am located outside the uk but bought an electronic item from a uk based online store. The item is in my option faulty, a number of functions the item should perform don’t do so correctly, I have been in constant contact with the supplier and their advice was to send the item back for replacement. In fairness the supplier did say that they would issue a replacement but refuse to pay any carriage costs until the item is found to be faulty. I did ask them if they could arrange for the item to be picked up, but.. they said they could not arrange this as I am located outside the uk. It looks to me if I send back the item I will never get refunded the carriage costs, they can just say the item wasn’t faulty. Any advice, the item is unusable so hanging onto it is not an option?
Tommy, the responsible party is the retailer, not the manufacturer, so it doesn’t matter where the HQ is based. Besides which your remedies under Sale of Goods are European-wide, so they will cover you anyway. These remedies state that if a repair cannot be carried out, you must be given a replacement. And if the replacement cannot be provided, you must be given a refund. All of this must happen within reasonable time and without additional cost to you. You would be within your rights at this stage to request a refund. give them 14 days to do this otherwise consider recouping the initial cost of the TV via the small claims court. See: http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/ and: http://whatconsumer.co.uk/making-a-small-claim/ Good luck.
Toby, If the item is within the first 6 months of its life you should not have to pay to have the item returned. Sale of Goods states that you should not incur any additional expense. However, with something as big as a bath, why would they not inspect it in situ? Sounds liike they are just trying to put you off taking it any further.
Nancy, I’m afraid the retailer is complying with its legal obligations under Sale of Goods, although in practice most retailers wil provide a postage-paid service or courrier service which enables you to send it back at no charge to you (however this is usually only provided for consumers who live in the UK). The retailer is within their rights to assess whether the item is faulty before they take action, but must refund you if it is. If you live in the EU your rights still apply.
i have been back to comet 3 times to try and get my faulty i pod repaired or replaced i have told them my statutory rights pointed out things undre the sales and goods act but now my patiance has run out, i bought it just over a year ago the guarantee ran out by 18 days ive e maied comet head office and still got the same response today they said they would repair it but wanted £60 deposit and i would have to foot the bill can you tell me where do i go next as comet refuse to budge
Steve, Comet are breaking the law in their refusal to repair your ipod. As they have refused a repair or a replacement in reasonable time and without further cost to you, as per their obligations under S. 48 Sale of Goods, you are now within your rights to request a refund. Give them 14 days to comply or you will take the matter to trading Standards or (better still) be pursue them for the cost of the item plus costs through the small claims court. Put this in writing and send it registered. I should warn you that any refund will take account of the use you have had of the item prior to it breaking down.
I bought 2 items (a handbag and boots) at Prada in November 2008. Both items developed faults in a short space of time and with light usage (the leather on the bag became very badly worn and the patent leather on the boots started to peel). I took both items back to the Prada shop in Mar-09, and they sent them off to Italy “quality control”. The shop have since notified me that Italy have authorised store credit for both items, which I can collect from and use at the Prada shop. However, given the poor experience I have had, I am not interested in purchasing further items from Prada and, quite frankly, there is nothing there that I want. Can I insist on a refund?
Caroline, I’m afraid not, as the article above says the shop only have to offer a repair or a replacement in the first instance.
I purchased a light fitting from BHS in September 2008 at a cost of £225.00 it has developed an electrical fault which the store has confirmed ., we have the receipt can we exchange it or do we have to accept the repair which is costly.,
thanks Mr adams
Hi Adrian, you have to accept a repair in the first instance if they offer that as a remedy.
Tony
i purchesed a JML halogen oven from asda in nov 09, the glass bowl that you cook in smashed this morning after using it, i rang asdas explaining what has happened and told them i have the till reciept, i was told that because i do not have the packaging it came in they can not refund me, they no longer stock this item so they couldnt give me a replacement, i was told to wait untill the JML rep calls to the store to see what he says, the lady on the phone told me that last sept asda brough out a new policy stating that all electrical equippment must be brough back in the original packaging.
Kelly, there is no legal requirement to keep the packaging, but there might be in Asda’s return’s policy which is in addition to your statutory rights. Tell them the oven was not of satisfactory quality and you would like a new bowl or a refund – this is your right as defined in the Sale of Goods Act.
i purchased a hp pavillion laptop 2 years ago…recently it broke so i went online to find a fix.was amazed to find out that 1000s of people had same problem.contacted pc world where i purchased it who told me to contact hp.
hp were no help at all.they said they were aware of problem so they extended there warranty by a year (mine ran out about 28 days ago)
and mine was out of warranty so tuff.
i tried to explain that if the product was faulty then there should be no time frame and they should fix the problem whenever it happened.at this point the person put the phone down on me..lol(and no i didnt swear at her) so please help where do i legally stand with this..ps also contacted credit card company which laptop was purchased. they said t try and persist with hp
Dave, it is reasonable to expect a laptop to last longer than two year as long as it has not been abused. You need to write them a letter stating that the laptop is not of satisfactory quality and you would like it repaired as this is your right as defined in the Sale of Goods Act. They may ask for an engineer’s report, this is fine and you can claim the cost of this back if it does have an inherent manufacturing fault. The credit card company are equally liable, so of course they would say persist with HP.
Hi – I recently purchased a pair of cold weather mitts over the internet. They arrived with a cut in the leather of one and a rip in the second. I returned them as faulty and asked for replacements. The company has responded and suggested they were damaged when the soft plastic post bag was opened. I refute this as I recall opening it purely by pulling it apart. How do I resolve this?
HI
I have a 15 month old compaq cq60-114em laptop purchased from currys that has stopped working for the second time in just under a year it was repaired last on the 11.3.09, the fault has returned as it is now doing the same as before (not powering up) it had the mother board replaced i have taken it back to currys and they won’t fix it because it is out of warranty, i have just returned from traveling and used it for 2 days after i got back when it stopped working so it’s not been used for the last 3 months.
any help would be great.
what can i do?
should currys repair it for me?
mark
Hi
I bought a tv from comet 1200 with extended warranty in may09 it developed a fault logged 13th jan 10, got plasma screen replaced, upon delivery i noticed considerable amount of damage to the front of the bezel ( lots of scratches and a chip). I have paper work from driver who checked and noted, clear tv no marks.
Can you pls help clarify what are my rights? I am only 7 months into a 5 year contract and its been hell dealing with comet. please please help. Thanks
I rejected the TV stating it was damaged whilst it was on the lorry.
Harry, I am not sure what your question is. Did you send the TV back?
Hiya,
I bought a bra from Ultimo, i tried it on then sent it back the next day from when i got it.
They have rejected my refund because there was ”marks” on the inside.
I didn’t check it when i got the items but i literally only tried it on for 2minutes could see it didn’t fit so put it back on its packaging and returned it the next day.
I am in the middle of a email war with them regarding this. I don’t honestly believe i could i have marked it in the space of 2minutes. They say they check all there products before they go out. I have request back up proof of this, but i was wondering where i stand if they cant provide this or if they can?Do i have a good chance of getting my money back? Really need some advice or any sort of statement i can email them stating my rights.
Help
Hi
I bought an AV amplifier about 10 days ago and it seem to be working. I only just bought the digital cables the other day and found that there was no digital sound from the reciever, only analog. This was obviously a defective unit.
I contacted the online retailer who said they would check it for a defect and send it to the manufacturers for repair or replacement. If there was no problem then I would be liable for carriage costs.
My issue is that an item defective from the box should be replaced by the seller. They should also bear the carriage cost of my parcelling the item to them? Am I correct in my thinking?
Many Thanks for your help.
Nik, you could probably reject it as you have had it for such a short period of time. You should not have to pay for postage or be out of pocket. BTW within 7 days of delivery you can cancel items bought over the Internet, phone etc.
I purchased, 3 weeks ago, a bluetooh ear piece from a retail store. I was given the receipt which listed its terms of sale and return policies on it. It did not list the full details on the receipt nor did they list them in the store but only referred to a website where these full details could be found. http://www.carphonewarehouse.com/returns
I went back to the store 1 week after purchase stating that a feature I expected from the device, to play music from the phone to the ear piece, was not working with any of the 3 phones I had. They said that this was not a fault of the device but of the types of phone I had. I tried to argue that there was no clear indication of this on the box and that I’ve had other bluetooth devices that did play the sound to the headset.
They also stated that in their terms of sale they do not accept returns of bluetooth headsets because of health & safety reasons. This was not indicated to me in any way at the time of sale and was only told that their T & C were too long to list on the receipt. Understandable, but I am trying to return it because it was not fit for purpose. Even at the URL, stated above, that should outline their full returns policy the actual terms and conditions are located else where on the site and not at that URL they provided.
Do I have any recorse in the matter at all?
Steven, if the headset is not as described then your Statutory Rights have been breached and the Carphone Warhouse terms cannot override these.
Hi I was wondering if you could help me.
I bought a Blackberry mobile phone from Phones4u on 14/2/2009 on an 18 month Orange contract and on 20/02/2010 the keypad on the phone failed to work. I took it into the store as when I was sold the phone the phone they told me that as it was taken out with Orange contract that Orange would automatically replace this. s However, when i spoke to orange they said that as I had purchased the phone over a year ago (just 6 days) that they did not have to replace the phone and would charge me for any repairs. I then took the phone to Phones4U and I spoke to an auficious lady on the phone who also said that the warranty had run out on the phone and therefore they did not have an obilgation to fix or replace the phone free of charge. When I mentioned the Sale of Goods Act to Phones4U they refused to acknowledge it and said their warranty policy only extends to 12 months and that it all that they are obligated to do under the Sale of Goods Act. Orange are basically of the same mind saying that as I bought the phone from Phones4U then it is their problem. Do you have any advice?
many thanks
sarah
Sarah, It really depends how long it is reasonable to expect an expensive phone that has been looked after to last. I would say at least a couple of years. You can claim under SoGA, but they are within their rights to ask for an engineer’s report to prove that it has an inherent fault. If this is the case, then you can claim the money for this back too.
hi, i bought a huawei mobile phone from the 3 store at xmas.Two weeks ago the phone began having problems charging and would not recognise when headphones were plugged in(same slot).Took the phone back and they said it needed to be sent away for repair,they would not give me anything to use in the meantime.I have now recived a letter stating that the fault was caused by me and the phone cannot be repaired,I may purchase a refurbished one at a lower price otherwise that’s it.They even want to charge me to send the phone back! surely they cannot do this??
Ste
Ste, I would pay to get your phone back and then commission your own report. If this shows that the phone has an inherent fault then you will be able to get all the costs back and a new phone.
Purchased a jumper from Jane Norman under a week ago and when I got it home my husband found a hole in the hem of it. Took it back and asked for an exchange which the manager happily did. Got the new jumper home after checking the hem in the shop only to find two great big runs in one sleeve. Took it back and asked for a refund. That’s when I hit the brick wall. The manager said no, I had done it and that he couldn’t sell it so didn’t want it back!!!! He offered to send it to head office for their decision but I said I would think about it after going round in circles arguing with him.
My husband came back with me a few days later and quoted the sale of goods act and that we wanted a refund now and did not want to waste time with head office.
Even spoke to customer services on the phone at the time as the manager didn’t want to back down.
Neither of them knew or conceded to know anything about the sale of goods act.
The manager even said “I’m not a lawyer so I don’t know about these things” .
Excuse me, there are only three bullet points to the act you really need to know about and you’re a retail manager so it’s your bread and butter.
The guy kept inferring that I had done the damage and that it had left the shop in good condition.
Eventually he called the security guard as my husband kept quoting sale of goods at him and he got very upset with us.
Next step is writing to head office I guess but don’t really want to send the jumper as we don’t trust them.
After that small claims court. What a pain in the ….
To top it all whilst we were in complaining another lady came in and got a refund just like that. And no my husband was not shouting he was being as polite as possible in the circumstances.
They didn’t like it when he asked other customers what they thought of the damage and sided with us.
I had shopped with them quite a bit but not any more.
I have an engagement ring from Ernest Jones, one of the diamonds came loose when I returned it to the shop they said it was a manufacturing fault and provided me with a new ring…I took the ring in for it’s free annual clean & inspection only to find out when they were cleaning it another two diamonds came out!!
They have again offered another new ring or a completely different style. But am I within my rights to ask for my money back now?
I purchased a new Citroen car in September 2006 from a local dealership. It was returned to them for investigation within the warranty period for the steering to be checked but I was assured there was no problem. The dealership went out of business in 2009. The car failed the MOT 2 days after the warranty expired due to a steering rack failure which the MOT testing centre said was dangerous and should not have failed in this low mileage car. Citroen have given me the contact details for the administrators of the dealership. If the dealership are no longer trading can I hold the manufacturer responsible?
Hi, i would appreciate clarification on a problem, My father in law bought a Brevill iron from Sainsburys on 6th December 2009, and is faulty, unfortunately my 80 year old father in law has mislaid the receipt and as a lot of older people do paid with cash, he would like a replacement is he entitled to a replacement or is it a lost cause. surely he must have some rights!
Hi,
We bought a Samsung LE37B554M2W LCD TV from Comet on 01/12/09. The TV stopped working on 14/02/10. The TV would not turn on nor make any sound, just the light flashed on the front panel. We reported this to Comet and a repair date was arranged for 25/02/10 the engineer arrived a couldn’t find the cause. He said he would order a few different parts and re-arrange another call out, this was arranged for 06/03/10 nobody showed, we called and asked what had happened and they said they had the appointment booked for Fri 12/03/10 I cancelled this appointment as I wouldn’t be in 8:00 – 18:00 and requested that we take the TV back to the store for a new one. They wouldn’t have any of this and have now re-arranged a further date of 18/03/10 as the time slots are so unreasonable! Where do I stand in returning the TV?
I have purchased a sony bravia 40″ tv on finance on 19th dec.
it has now stopped working and it is only 2 months on into the agreement. i have been advied from the store that i need to get it repaired (i was not offered the option to get a replacment)
so i am wanting to know the correct way to get this all sorted due to it only being 2 months old and it still haveing 5 year warrenty?
Please help my very ill mother took delivery on Tuesday of this week new furniture (sideboard). On inspection she noticed scratches, but being unable due to illness not being able to check closley she waited for my Dad to return home. He has now inspected the item and it appears that the wood is cracked not scratched. They have called the shop and they are sending someone to assess the damage. My Mom is rather upset and doesnt want it repaired she wants it replaced, can we demand that they replace the item as she has not even had it 24 hours yet.
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?
I purchased a digital SLR after 8 months it started to go wrong. my local shop sent it to Sony service centre after 2 weeks it came back then went faulty again, I asked my local shop for a replacement thy said nothing sent it back to the service centre again. it came back again. it has now developed another problem as well as having finger marks on the inside of camera lcd display , I have refused to allow it to go back as i don’t have any confidence in the repair centre can I ask for a refund or a replacement,if not what is my next step
thanks
Hi,
My wife bought a futon 2 months ago, and last week i sat down on it and the seating the corner of it broke. I contacted the shop and showed them picture of the area affected. I was told to email the service department with a description of what happened and the pictures which i had taken of the futon. They now say that they will not replace it as it was due to misuse as they have sold lots of them and have not had any problems with other customers. I am not happy with them as all i did was to sit down on it. Have i any rights with regards to this.
many thanks ken
my mum purchased a burgandy 3 peice leather suite in Aug in the middle of January she noticed that parts of it where turning a pillar box red so she contacted the shop which she purchased it from.
A man came round to inspect it and then she was informed a few days later that they had decided it was wear and tear! they refuse to replace it and offered to fix it at a cost to her. I think this is outrageous as i have had leather suites in the past and they tend to fade evenly and over a substansially larger time than this.
The suite also has a warranty, I suspect that it has been laquered but not very well and is a matter of shoddy workmanship but what can I do about it please please help?
hi my son but a game from hmv.com an elite edition with night vision goggles this game costs 129 pounds now when it arrived the goggles did not work this was back in november and this is now march when we contacted hmv they said we need to contact activision which i did now several weeks later and various e mails with reciept attached they say they didnt recieve e mail can i take these goods back to a hmv shop for them to deal with. i only want the goggles fixed or new ones to be supplied can i do this
Hi,
i bought a bag from a retail shop on 4th January 2010 (in the sale), however, recently some of the material has come away exposing some very sharp metal bits, which have actually caused we injury on more than one occasion. I have stopped using the bag now but wondered what my rights were on returning it?
Thanks
Hi there,
I am so glad that I stumbled on this site.
I wonder if you can help me with some advice please. Sorry that it is a long-winded message but I need to point everything out so that you have all the facts.
I bought a Vodafone mobile internet package with a “free” Acer laptop on the 8th of July 2009 on a 24 month contract. Since receiving the laptop I have had no problems whatsoever until the 3rd of March 2010. The laptop completely shut down and wouldn’t start up again. There was power going to it but a blank screen, no boot up and just dead basically. Before that I had noticed that it had been getting a little hotter than usual when I had it on my knee.
My first reaction was to contact Acer (using their premium rate telephone number), as it was still under warranty, I didn’t know anything about the ‘Sale of Goods Act’ at the time so didn’t contact Vodafone first. Acer sent a courier to collect the laptop and the technical team at Acer examined the problem. I got a quotation for the amount of £235 for payment for a replacement motherboard, heat sink fan and CPU (which had all become faulty), plus labour, shipping and VAT. I contacted them to tell them it was under warranty as I’d only had it for 9 months and they asked me to email them a copy of my proof of purchase from Vodafone, which I promptly did. After they had received that, I was contacted by Acer who told me that the warranty was invalid as it was clear to them that someone had tampered with the machine (I wasn’t told this in the first instance). They said that the screws had been “rounded” on the heat sink fan and that the damage to the CPU was not a manufacturers fault but was caused by someone being inside the laptop and damaging it. I had never opened the laptop or damaged it in any way, it still looks like new. Plus I would be an idiot to tamper with it as I need it for college work (which incidentally is all on the hard drive and cannot be retrieved, causing no end of problems with my course as I hadn’t backed up the work I was doing to prepare for an exam when the machine shut down). If I was to open the laptop after the breakdown, I know that it would invalidate my warranty so I would be a complete fool to do that! Since getting the un-repaired laptop returned to me, I have had a look inside (it’s already been opened by Acer now so I thought I’d have a look). The fan has burn marks all around it and on some of the nearby components and the top of the screws holding it down have been ground away until there is no cross head on them whatsoever. You couldn’t use a screwdriver to get those screws out, I’m sure pliers would have to be the only way. I am not responsible for this at all, proving it is another matter… My only argument is that I would have to be insane to do this to a laptop that I have loved using and desperately need.
It’s plainly obvious to me that whoever has tried to open the screws (either before I bought it, or since it has been with the Acer technicians, who knows?) has done so with so much brute force to inflict so much damage to the screws that it looks like it was done maliciously. You can’t do damage like that by using an appropriate screwdriver and properly unscrewing the screws.
After this, I phoned Vodafone for some advice and they said that there wasn’t anything they could do, as it’s the manufacturers responsibility and that they are only the 3rd party retailer. I did argue that they were STILL the retailer though but to no avail. I spoke to numerous people at Vodafone’s Indian call centre including a manager who basically told me the same thing as all the other departments.
I am only 9 months into the 24 month contract with Vodafone mobile broadband, for which I pay £35 per month, which obviously includes the charge for using the mobile internet, which is £15 (as advertised on their website) plus £20 towards the cost of the laptop. I know free doesn’t exactly mean free.
I have spoken again to Vodafone and told them that if they’re not prepared to replace my laptop or pay for the repair (which I’d rather have, if it saves my hard drive and all the work on it) then they are in breach of their end of the contract agreement and I want to end my contract as of now and cut my losses. They told me that my contract ends in July 2011 and the cost of an early termination of contract would be £460, they are not willing to waver that fee even though I cannot use their internet service as I cannot use my laptop.
I feel like I can’t win. I have a broken laptop, which I can’t afford to repair myself at the moment and I still have to pay Vodafone for the internet service they’re providing (which I cannot access) until July 2011 when my contract is up.
Any advice would be gratefully appreciated.
Thanks for reading.
Jane
I’ve had a SatNav pack up on me, it was an exchanged one as the original one was also faulty, the product had a two year guarantee, I returned it to the company I purchased it from and they say it’s beyond repair, it’s out of guarantee. They want me to pay £75 for a replacement. What I would like to know and I seem to not be able to find is : when you purchase something which is echanged due to being faulty, what happens to the guarantee, does the original guarantee carry over to the new and echanged item or should you get a fresh new guarantee on the replacement item??
We we’re told by Comet when they replaced our TV that all products come with an individual garauntee. So your replaced Sat Nav should have it’s own one, not the one you originally had. Hope thi helps.
Last November I bought a cordless doorbell from Asda (it is now March). Just recently it has started going off on its own (the last time at 1.00 a.m.) so I took it back to the Asda with my receipt. There I was informed by a snotty nosed Manager that they wouldn’t refund me as I didn’t have the packaging. Who the hell keeps packaging for a doorbell and I thought a receipt was proof in itself (the doorbell also has a great big Asda sticker on the back with the electrical info on it). Seems to me that Asda make the rules up as they go along as last week I exchanged my iron without packaging!!
I bought a refurbished iphone three months ago from a company who specialise in repair. The phone is not working as it should. They provide a 1 year warantee. I discussed the problems with them and they claim that the problem is “usually caused by dropping the phone and thus not covered by warantee”. Since the problem has occurred intermittently since buying the phone (but is now worse), and since the phone has not been dropped then we know that this is not the case. But what can we do if they just say “you must have dropped it”?
Hi
I purchased a TV stand in Walnut Veneer from Tec7 (independent retailer) in House of Fraser. It was purchased 10 months ago. I live in the house alone so there is little wear and tear of the stand as TV is rarely used.
I have just seen that the Walnut veneer is peeling from the stand.
A few months after I purchased the stand I was in the shop I bought the stand in and the same thing was happening to the display stand there. I asked about it to be told it was children picking at it.
I have no children and have never had children in my house, so why is mine peeling off now??
As it is 10 months, what are my rights?
I really do not want a replacement as I am afraid it will happen again.
Am I entitled to a refund if I do not like any stands in that shop as replacement?
Thanks for your help,
Nicola
My samsung LCD TV has stopped working after nearly 2.5 years. It just won’t turn on. Apparently this is a rather common fault that Samsung refuse to acknoledge. A £1000 LCD TV should surely last more that 2.5 years, so do I have a case to insist that Currys repair the fault for nothing under the ‘durability’ condition of the Sale of Goods Act?
I bought a new bike and various accessories from Halfords. Among the accessories was a Kryptonite Evolution shackle lock (among the best on the market) but after just a couple of months my key snapped off in the lock, leaving my bike shackled to the bike racks in work. This meant that I had to call out a locksmith the next day to cut the lock off at a cost of £73. I’m pretty sure that I can get the lock replaced by Halfords under The Sale of Goods act, but what rights do I have regarding getting the locksmith charge refunded?
In December i recieved a replacement corner sofa for a sofa that had a manufacture fault, We had to take a replacement as all we were offered was a credit on my very account, we have now had the sofa for 4 months and have noticed that the cusions are not keeping their shape and are sinking and making the sofa very uncomfortable to sit on infact my wife who is pregnant has now got a bad back and finds it difficult to stand up after she has sat down. I contacted the catalogue very and expalined the problems we had encountered and have been informed someone would come out and look at the sofa and if it wasn’t deemed as a manufacture fault then they would charge me £45.00, the main problem is the sofa is not comfortable to sit on so i feel it is not fit for the purpose it was sold for and i wouldn’t expect the cusions to go flat and become uncomfortable after only 4 months of use, please can you advise where i stand as this was a faulty replacement only to replaced with another faulty sofa and we are very unhappy with the responce we have received.
Hello,
I bought a brand new cot from a registered shop on Ebay approx 3 years ago. It stays at my son’s grandmother’s so has only been used approx 15 times over this period of time. I have noticed that a large crack has appeared in the headboard, which I would consider to render the cot faulty and quite dangerous for my son to touch. I have approached the store, providing them with an explanation and pictures of the fault, only to be told that because I bought this from them 3 years ago there’s nothing they can do. Please can you let me know what my rights are. Thanks!
Hello. In November 2009 I purchased some walking boots from Ellis Brigham. The boots are meant to be waterproof however whilst out walking at the weekend the right boot leaked. I returned them to Ellis Brigham who have advised me that as the fault is not visable they need to send the boots back to the manufacturer for testing. I need the boots for a two week walk starting on May 15th but Ellis Brigham cannot guarantee how long the boots will be away for. If they do find a fault and Ellis Brigham replace the boots I will not have enough time to break in the new boots before the walk. Where do I stand? Should Ellis Brigham replace the boots? Many thanks.
I purchased a car and on delivery within the 1st week, it wouldnt start on two occassions but after a few minutes of waiting, it did. I called the dealership and mentioned this verbally and they said whenever i was able to i should take it in and they would have a look at it
In the second week, it fail started and this time wouldnt restart. This was on a saturday night. On Monday i called the dealership to report this and was told to call the RAC in the first instance. I called the RAC the next day and they couldnt find any faults and couldnt understand why it wouldnt start. It then suddenly started whilst the RAC rep was present and he asked me to drive it straight away to the dealership to have it looked at with the report he wrote.
The car has now been at the dealership for 10 days. For 3 days whilst my car was at the dealership, i had no replacement and they wouldnt give me a replacement till i had to insist on it.
The dealership now state that the car is working and starting fine since the day i took it in, so they have no idea what caused it to fail start, and want to keep it a bit longer to see if it fails to start again and then diagnose it.
My queries are:
1) If the car doesnt fail start again, does that mean the dealership can return it to me, or can i demand a replacement?
2) I know the law is vague, but on this occassion, how long would you say is reasonable, before i demand a replacement
3) I also have a purchase agreement, which i pay a monthly fee towards payment of the car. Can i claim back, monies for the whole duration my car has not been in my possession?
4) I also have insurance on the car, can i claim back this amount from the insurance company?
thanks.
Melissa
we bought a mobile at christmas for our daughter, in february it would not charge. we took to the mobile shop, and thay took it away to fix, when it returned we were told it was fixed, but after taking it home the problem was still there.
so after returning it again they returned it a week later saying it could not be fixed and had probably got wet or dropped.
this is not the case and after trying to get it replaced in the shop we were informed it was not possible to replace.
is there anything we can do in this situation?
Hi,
We bought a Sony 50″ TV in March of 2006 and over the last year or so, it has started to develop purple blemishes on the screen which are getting worse.
After searching the internet for answers, I found this is a common issue.
On this website (http://sites.google.com/site/sonylcdrptvproblems/) there have been Class Action suits in America for the US version of this TV and has been found to be a defect in one of the parts which Sony knows about.
I contacted Sony and they denied there is an issue with my model. I therefore contacted the retailer where I bought the TV and they say there is nothing they can do but would like to help resolve.
What can I do to get this repaired/replaced free of charge because as far as I am concerned, it was a known defect and was sold with this defect and the prices that are being qouted to replace the part I could buy a new TV with!
hi, i brought a pair of sanadals from monsoon and tehy split into two i had only ahd them for 3 weeks and teh manager said that they where too worn to be exchanged but the way they had split was that the top layer or the sole had come away from the rubber part of the sole all the way to the heel i do not think that this is general wear and tear as iv had other shoes from monsoon that have lasted years am i within my rights to demand an exchange?
Bought a pram from toys r us 3 months ago and it is not going up properly and handles are loose they sent me away with the pram again telling me nothing was wrong and it was wear and tear they didnt listen to what i had to say and were ignorant surely im entitled to a replacement pram
I bought an alarm system for my house, which I was renovating. I am now only just installing the alarm 3 years later and have discovered that the product is faulty. As I could not install the alarm until the house was renovated I could not check it within what would be considered a reasonable time. However, what was sold to me was faulty at the outset and has never been used. I’m sure that if an independent person examined the equipment they would find a manufacturing fault and not one caused by use or wear and tear and can see that the equipment was not installed. (Unfortunately I threw the box away 2 weeks ago when I started to install it). I have a record of purchase with the retailer but, the retailer does not distribute this manufacturer’s product. Do I have any rights, i.e. the goods were faulty vs. reasonable time and can you tell me if I can have these electronic goods independently tested to verify that they have had no use? Many thanks
I bought a Waterproof Paramo Jacket from Go Outdoors with vouchers I received as presents at Christmas, I bought the jacket at the end of January and have now found 3/4 months later with only a little wear that it appears to be letting in water. I unfortunately have misplaced the receipt would I be able to exchange the jacket?
I bought a pair of Asolo walking boots from GoOutdoors on Friday 30th April 2010. Tried boots in-store, fitted fine. Wore them in my house, and walked up and down the stairs, felt great.
Went a walk in the hills today, and when I got back to my car, my feet were damp, and the heels of my socks were wet. They are apparently Gore-Tex lined so I should not have wet feet. Conditions were wet, but not once were my boots completely submerged.
Also, on getting home and drying boots outside, I noticed a small tear in the cushion between the sole and the bottom of the boot. This is clearly not right as water will now get in, and the tear can only get worse.
I am returning the boots tomorrow (2nd May 2010), and will be asking for a replacement, as they are clearly not fit for purpose, due to the tear, and the wet feet, which the Gore-Tex lining should have prevented.
Am I within my rights to ask for a replacement pair?
They are 24 hours old, cost £117, and are clearly defective. I have been hillwalking for years, so know when a boot is not as it should be.
Can I quote the Sale of Goods Act if they try to fob me off?
Also, label on box says Made in Romania, but label in boots says Made in Ukraine. Should I be concerned about this. Imitation Asolo boots?
Any advice will be most welcome.
Hi,
I am studying for a Law Diploma and am stuck on a question. I hope someone can help.
If a man buys a watch from a jewellers that he wishes to wear whilst diving, and the manufacturer’s blurb states that it is suitable for “water sports”, can he then make a claim using the “fit for purpose” section of the Sales of Goods Act?, or as a diver, should he have known better and gone to a specialist dive shop instead?
Many thanks,
Cheryl.
Hi Catriona,
I’ve been reading through the site and have a query I am hoping you could help with.
I bought an LCD TV from Tesco Direct in September, the item was a refurbished product and carried a 12 month warranty. It has worked fine up until yesterday when it totally lost power (no power light) and made a “pop” noise. After having the unit powered off for about 30 seconds it has come back on with no problem.
My main reason for concern is, how long could I expect a refurbished item to work? I know I cannot claim up to 6 years like a brand new item.
I am just worried after the 12 months is up if the tv stops working completely I would not be covered at all.
In January I bought a computer for close to £1000 from an online store. After a month the computer began to freeze so I rang the premium call centre costing me a lot of money. They advised rebooting the system which I did. The computer than began to work fine for another few weeks but then continued to crash and restart. After the second month the computer wouldn’t even turn itself on and I recieve a error screen saying their has been a problem, contact the manufacturer and get the system repaired. I then posted a comment on a website forum explaining my problem to which the company replied and phoned me to organise a pick-up. They said the computer would be away for 3-5 days. After 7 weeks I rang the company up having heard nothing via phone or e-mail. The company stated they couldn’t find a fault and are charging me £76 to cover their time. Is there anything I can do with regards of not paying the fine, getting a new computer or getting a refund?
Hi, i bought a tv from a local retailer in september 2008, i took out a 3 year guarantee at the time, and paid for it on fiance of whihc i am still paying.
Last week i had the engineer come out to look at the screen as lines have begun to appear, the engineer did confirm that the product was faulty and subsquently i have had a letter from the manufatures stating that the item cannot be repaired.
I have been to see the retailing and they are offering me a reconditioned tv as a replacement. i have read about the sales of good act and staturory rights – am i entitled to a refund?
Thanks
Laurie
I bought a deep fat fryer from aldi in january this year it went faulty i took it back they just kept g reffering me to the 30 day warranty they told me it was the manufacturer,s problem not their,s To send it back mean,s i have to parcel it and pay any postage if the goood,s are faulty they will reimburse my expense,s. Where do i stand on this Thank You.
Hello Catriona,
I bought a pair of Prada glasses with lenses from a well-known opticians 10 months ago. I still have the receipt. I have worn glasses since I was a child and never broken any, I am very careful with them. The arm of this pair suddenly snapped, not at the hinge, but it just snapped a couple of days ago.
The opticians wants to take them to be repaired, but they cannot be repaired since there would be a huge mark anyway. I want a refund since my very expensive pair of glasses have broken in what is an unreasonable time. From the state of the glasses (lack of marks) you can see they have been looked-after. What rights do I have? Moreover, I cannot give them to be repaired since I absolutely need the glasses (even if they are tacked on) for exams which I will sit in a couple of weeks. To make matters worse, I am now living abroad, and will only be back in England before my exams.
Do I have any consumer rights or not? I am outraged at what has happened.
I bought shoes from debenhams 4 months ago, the left one developed a strange squeaking noise. Debenhams have refused to change it, what are my rights?
We have just purchased a £1600 plasma TV which is 5 weeks old and has a fault where by it is not displaying a picture. We called the shop where we bought it from who have arranged for it to be repaired. We have asked for a replacement tv whicj they offered a old style tube tv which is not suitable as dont have anywhere to place it. it has now been 11 days and we are still without a TV, am I within my rights to demand a new replacement as they still do not know when it will be fixed and are now awaiting another part.
Hi I purchased an LCD TV on-line back in Jan 08 during this time the TV has had a bad reception since Digital has took over, I thought it was down to an old aerial as all the advertisements recommended people to upgrade their existing aerials. Having over means of watching TV we kind of just ignored it but I lost my job and needed the Freeview to work. On getting in touch with Philips Consumer Care line (0800 331 6015)I have been chasing it a little with USB memory sticks being sent out but the Aut.exe file not running on insertion into the TV. Now they have informed me that they are willing to go half & half to get the issue fixed. I know that sound good but this issue is with the Firmware that is pre-installed on the TV when I bought it and an advisor has already mentioned that there is an upgrade to resolve this issue with the Digital reception but that was on the phone and I cannot get any of the USB memory sticks to load, although I can use the USB slots to listen to music etc. So, now I have two issues and I am being advised to Fax a letter to Admin (same fax number as I’ve been sending correspondence too) explaining my issue’s and I’m afraid that if I don’t word it correctly then the TV that cost £1,200 is going to be useless and I’m going to be out of pocket. Please help, the picture is unbearable and I’m feeling stressed!!
On 29-12-09 I purchased a Sony TV and Freesat box from Comet. From the outset the Freesat lost picture and/or produced a half screen mosaic coloured pattern. It wasn’t frequent at first, but by May it was unwatchable. The Freesat box has been changed for a different make, but still the fault persists.
Comet have sent an Engineer out, who took the TV away for a “software upgrade”.
However, the TV still persists with its fault (seven times in an hour last night).
Comet want to send another Engineer out to look at again – so now I am wondering exactly how many opportunities a store can be given to try and rectify the fault before they give either a replacement or a refund (especially as the fault has been there from day one.
Thanks in advance for any help.
Hello
I purchased a pair of shoes from Mode in Pelle a High Street retailer. This was 2 months ago. Today I returned the shoes as I found that some stitching had come undone and the shoes, whilst not unwearable were not of good finish. I returned them to the shop today and was told repeatedly after arguing with customer service at head office that they would need to have the shoes returned to them for inspection before offering any form of refund or repair. I told them this was impossible as I needed them for work the following day. I paid £75 for these shoes and I even offered for them to replace them for a brand new pair and they refused as they no longer had them available. They now have taken the shoes as I had no other options because that was all they would offer and they say they are calling me in a few days to tell me the outcome. I have told them I dont want them repaired because I dont want the shoes now as if anything else happens I will find myself in the same position.
Am in within my rights to get a refund? Are they allowed to do this? I had a receipt they are in the original packaging and hardly worn.
I look forward to hearing.
Thank you
Sam
Hey, i purchased a dress from French Connection. When i wore the dress i sent it to a dry cleaners to get it cleaned, this was the instructions. The dress has shrunk in width and lenght. The arms is also coming away from the dress. The cleaners has written me a letter to say it was not there fault and this had happened before with them and French Connection. When i took the letter and dress back to French Connection they told me they weren’t prepared to do anything with it and they wern’t going to send it to their manufacturers.
What are my rights? should i take it to my solicitor or a small claims court?
Hi,
I have purchased an iron from Tesco’s which seems to be faulty, it’s on a permanent high heat and wont turn down.
Stupidly, I cannot find the receipt, and Tesco’s are saying that they can only replace it without a receipt if it was a ‘Tesco’s own brand iron’.
I always thought that if the goods are faulty, and I didnt have a receipt, I would at least be entitled to a refund.
I bought a netbook in Sep ‘09 from Costco with their “extended” two years warranty. However, by January ‘10 my netbook started to wiggle on the hinge that connects the screen to the main body, to the point that now I have to close the lid and “push” it towards the main body to close it in its correct form.
I contacted Costco about this but they referred me to their concierge services which basically connected me with the manufacturer and told me that I needed to pay a £80 fee to have it assessed by an engineer and that if the fault was not due to wear and tear I would get the fee refunded. The issue was well within the first 6 months for me to ask them to repair it, regardless of their policy. However, I did nothing as it was a minor inconvenience and it works well. It is now becoming a little more annoying as I can see loose screws on the side of the hinge.
Where do I stand with this? can I say that the item developed before the 6 months and so they should cover it as if it was so or now I have to prove that it is not due to wear and tear?
Hi there
This one’s a long shot.We bought two made to measure blinds 4 years ago,we fitted the first one at the time, but what with one thing and another,we’ve only just got round to fitting the second blind. On taking it out of the packet and offering it up to the window, we found the blind is 3 inches short. On checking the original receipt,we found the blind was made 3 inches shorter than the sizes stated (their rep came to our house and measured the reveal).
We returned it to the store,and they have said if we’d brought it back within a year, there’d have been no charge for altering the blind, but as its 4 years ago i will have to pay for the alteration, ok if it was £20 ish i could live with, but theyre talking £60/70,which as they made the blind wrong in the first place i find a bit over the top.
Have i got any legs to stand on.
cheers
Ian
Hello there,
I bought a lawnmower from Mowdirect online. The order stated I had to examine the goods on arrival and if there was something wrong I had to notify them within 5 days. On the website it says the mower would be tested and examined before shipping. I bought the lawnmower for my house in France and the mower was delivered to my address in England where I have no lawn so couldn’t test the mower thoroughly. I opened the box and everything looked ok. The mower was a little dusty and the plastic a little scuffed but to my untrained eye it looked fine.
7 weeks later I got to France with my mower and it didn’t start. I contacted Mowdirect and whilst waiting for a return call I noticed the reason for the mower’s non starting. One side of the chassis has a massive dent. So long and straight (about 8 inches) that it looks like part of the design.It stops the blade turning. There is no damage to the box the mower was delivered in which would have alerted me to the fact that the contents may be damaged (I still have the box). Mowdirect told me when I asked for a replacement that because it is outside of the 5 day returns period they can do nothing because they maintain the damage must have been caused by the couriers (even though I have told them repeatedly the delivery box is not damaged and have sent them photographs).They are also concerned that I transported the mower to France.
They say they can offer me a replacement chassis at costprice of £150.00- the mower cost around $650.00.
Do have any consumer recourse over this issue?
Thanks
David
Hi,
I purchased an American style fridge/freezer from MFI that stopped working after about 14 months, I had to call an engineer in to get it fixed which cost me £250, this was about a year ago! Back then I wasn’t aware that the Sale of Goods Acts offers consumers protection for 6 years.
What I want to know is can I claim back the repair cost for the manufacturer? As the retailer MFI has gone out of business since!
I recently attempted to return an item to a shop on the grounds that it was faulty. A small item worth only £10.99.
The shopkeeper flatly refused, maintaining the item was not in fact faulty. The item was something which, due to reasons of sanitation could not be restocked.
The shop keeper was clearly trying everything in her power to avoid issuing the refund (including very rude inferences about my body shape) even though I suggested to her that she simply needed to send the item back to her suppliers. A simple process I’ve employed many times during my work managing retail stores.
It’s been a while since I’ve fully known the ins and outs, so would like to clarify, is she within the law to simply tell me the product was not faulty and ask me to leave.
I realise this is a matter of negligible monetary worth, but I’m curious about the principle.
My thanks for your help.
i purchased a second hand mobile with a store in my area. it came with a 3month warenty and i was happy with the phone.. until about 2weeks after i purcahsed it it went of and would not go back on. i went back to to the store and they sent it away to get fixed and a few days later it was back and fixed. the man tld me it was a software problem and they dont usally cover this but this time he will let me away with it.. its around 1 month later and now i have came into more problems, as the phone is slide up the buttons along the top no longer work and i can not hear anything when i recieve or make a call unless it goes on speaker, also now the battery has went dead and unless i remove the battery and put it into another phone and charge it that way it wont go back on.. the 3month warnety runs out in 5 days. would i be able to get a full refund? i still have prove of purchase.. please help asap thanks
Steve, well done, that is excellent news. Often all it takes is a few lines from the relevant legislation and it can work wonders! The ‘health and safety’ issue of flatpack is for the benefit of their delivery men – although the item won’t be any lighter and it will be hard for them to check what the problem is. If they can deliver on a weekend, surely they can also pick up? Sounds like they were trying to be obstructive – as you say. The point you make about significant inconvenience is really the issue here, and when the item is not fit for the purpose described, it doesn’t really matter what their ‘policy’ is.