Returning Damaged or Faulty Goods

Returning Damaged or Faulty Goods post image

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:


Comments on this entry are closed.

  • Natalie 6 November, 2:46 pm

    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?

  • Catriona 12 November, 11:16 pm

    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.

  • Catriona 12 November, 11:24 pm

    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.

  • Catriona 12 November, 11:29 pm

    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.

  • Catriona 12 November, 11:32 pm

    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.

  • Anne Bruce 17 November, 5:42 pm

    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

    • Paul Fitzgerald 2 March, 10:28 pm

      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

      • Tony 2 March, 11:26 pm

        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.

  • Kirsty 17 November, 7:58 pm

    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?!

  • Catriona 19 November, 1:18 am

    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.

  • Catriona 19 November, 1:20 am

    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.

  • Sharon 19 November, 7:33 pm

    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?

  • Krystina 19 November, 8:07 pm

    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

  • Catriona 19 November, 10:28 pm

    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.

  • Catriona 19 November, 10:35 pm

    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.

  • peters 20 November, 7:10 pm

    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…..

  • Catriona 21 November, 1:05 am

    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.

  • Kelly 21 November, 10:56 am

    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?

  • Donna Aston 22 November, 12:21 pm

    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?

  • Catriona 26 November, 3:47 pm

    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.

  • Catriona 26 November, 3:51 pm

    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.

  • Martin 26 November, 11:55 pm

    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

  • pc_plum 27 November, 2:09 pm

    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

  • Tony 1 December, 10:59 am

    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+

  • Sally Brydson 1 December, 7:14 pm

    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

  • Tony 2 December, 12:27 am

    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

  • Ian Brown 2 December, 1:02 pm

    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?

  • Paul Campbell 3 December, 5:37 pm

    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

  • Sam 6 December, 11:01 pm

    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?

  • Catriona 8 December, 12:47 am

    Ian, yes, your purchase is covered by both. If it doesn’t work, you can reject the goods and get your money back

  • Catriona 8 December, 12:53 am

    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

  • Catriona 8 December, 1:23 am

    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.

    • nick 3 November, 12:21 am

      This out come is not true, the method of payment must be of a simular payment method given for the item in the first place. Any other method could be classed as fraud.

  • Jodie 8 December, 10:36 pm

    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.?

  • Catriona 10 December, 12:35 am

    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.

  • Sarah 10 December, 5:19 pm

    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?

  • Peter 11 December, 4:23 am

    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.

  • Catriona 12 December, 3:52 pm

    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.

  • Catriona 12 December, 10:36 pm

    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/

  • Shaila 13 December, 6:11 pm

    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

  • Kat 15 December, 12:10 pm

    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.

  • Catriona 16 December, 12:27 am

    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

  • Catriona 16 December, 12:49 am

    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!

  • Arun 16 December, 6:23 pm

    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?

  • Drew 18 December, 10:42 pm

    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?

  • Paul 21 December, 12:24 pm

    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

  • mark 22 December, 10:59 pm

    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

  • Catriona 22 December, 11:27 pm

    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.

  • Catriona 23 December, 12:10 am

    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/

  • Catriona 23 December, 12:48 am

    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.

  • Catriona 23 December, 1:00 am

    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/

  • Lucy 23 December, 9:21 am

    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?

  • Catriona 23 December, 6:12 pm

    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.

  • Izzy 29 December, 12:22 pm

    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!

  • Christine Booker 31 December, 11:16 am

    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?

  • Catriona 31 December, 12:59 pm

    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.

  • Eve 1 January, 12:24 am

    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.

  • Debbie 1 January, 6:34 pm

    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

  • John 4 January, 2:09 pm

    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

  • Rona 4 January, 6:39 pm

    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.

  • Catriona 5 January, 6:48 pm

    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.

  • Catriona 5 January, 6:52 pm

    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.

  • Catriona 5 January, 6:55 pm

    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.

  • Catriona 5 January, 7:02 pm

  • Catriona 5 January, 7:09 pm

    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.

  • Steve 7 January, 9:38 pm

    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.

    • Catriona 12 January, 1:56 pm

      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.

      • Steve Bennett 12 January, 3:06 pm

        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!!

      • Catriona 12 January, 10:13 pm

        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.

  • James 7 January, 11:41 pm

    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

    • Tony 7 January, 11:45 pm

      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/

      • James 12 January, 3:11 pm

        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

  • mark 12 January, 6:55 pm

    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

  • Sandrine 14 January, 8:35 pm

    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…

  • Catriona 15 January, 12:08 pm

    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.

  • natalie ashford 15 January, 7:29 pm

    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?

  • Catriona 19 January, 3:22 pm

    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.

  • Sonia 26 January, 6:26 pm

    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?

  • Jaco 27 January, 1:19 am

    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

  • Catriona 28 January, 12:37 am

    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.

  • Catriona 28 January, 12:48 am

    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.

  • Debs 30 January, 12:21 am

    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.

  • Catriona 3 February, 11:37 pm

    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.

  • Andy 10 February, 6:35 pm

    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

    • Catriona 18 February, 9:02 pm

      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.

  • Nicky 15 February, 6:32 pm

    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

  • tracyjane 16 February, 6:07 pm

    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!

  • Annette Moody 16 February, 6:27 pm

    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

  • J White 17 February, 4:02 pm

    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.

  • Catriona 18 February, 1:18 am

    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.

  • Catriona 18 February, 10:43 am

    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.

  • Catriona 18 February, 1:59 pm

    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.

  • Troy 20 February, 7:12 am

    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.

  • Catriona 23 February, 3:39 pm

    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.

    • Troy Delbridge 11 April, 6:29 am

      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

  • sam bonelle 24 February, 5:26 pm

    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?

  • Catriona 25 February, 1:29 pm

    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.

  • kayleigh pullenger 26 February, 10:45 am

    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.

  • Catriona 27 February, 1:12 am

    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.

  • Annoyed Customer 1 27 February, 6:55 pm

    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?

  • Mark Tetlow 28 February, 12:17 am

    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.

  • sophia 2 March, 6:10 pm

    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?

  • Catriona 3 March, 2:13 pm

    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.

  • Catriona 3 March, 2:25 pm

    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.

  • Catriona 3 March, 2:39 pm

    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.

  • Anne 17 March, 6:59 pm

    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.

  • Keith Jenner 20 March, 2:19 pm

    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?

  • Catriona 20 March, 2:52 pm

    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

  • Catriona 20 March, 2:56 pm

    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.

  • Vicki 21 March, 3:10 pm

    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?

  • Catriona 24 March, 10:31 pm

    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.

  • Claire 24 March, 11:05 pm

    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!

  • John Hills 25 March, 12:37 pm

    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?

  • stephanie 25 March, 2:51 pm

    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.

  • Catriona 26 March, 11:38 am

    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.

  • Catriona 26 March, 11:59 am

    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.

  • Catriona 26 March, 12:04 pm

    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.

  • alison 28 March, 6:54 pm

    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

  • Abi Searle 30 March, 3:49 pm

    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?

  • steve atkins 31 March, 1:55 pm

    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

  • Catriona 1 April, 3:12 pm

    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.

  • Catriona 1 April, 3:14 pm

    Steve, Please read the above article. Under Sale of Goods the store must repair the item at their expense. The warranty is irrelevant.

  • Catriona 1 April, 9:17 pm

    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.

  • steve atkins 6 April, 5:53 am

    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

  • Helena 6 April, 9:47 pm

    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?

  • Catriona 6 April, 10:49 pm

    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.

    • Jeremy Hill 8 April, 9:00 am

      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?

      • Catriona 11 April, 11:20 am

        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.

  • Catriona 6 April, 11:09 pm

    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.

  • Tommy 7 April, 1:48 pm

    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

  • Tobold 4 7 April, 3:30 pm

    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

  • Nancy 8 April, 5:59 pm

    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?

  • Catriona 10 April, 11:40 pm

    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.

  • Catriona 11 April, 11:04 am

    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.

  • Catriona 11 April, 11:28 am

    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.

  • steve atkins 11 April, 12:38 pm

    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

  • Catriona 16 April, 1:02 pm

    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.

  • caroline 17 April, 11:25 am

    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?

  • Catriona 19 April, 10:00 am

    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.

  • Mr Adrian adams 26 February, 5:18 pm

    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

    • Tony 2 March, 10:55 pm

      Hi Adrian, you have to accept a repair in the first instance if they offer that as a remedy.

      Tony

  • kelly 27 February, 9:19 pm

    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.

    • Tony 2 March, 11:03 pm

      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.

  • dave 28 February, 9:17 pm

    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

    • Tony 2 March, 11:08 pm

      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.

  • tony maas 2 March, 12:11 am

    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?

  • mark bent 2 March, 1:13 am

    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

  • Harry Mal 2 March, 2:47 am

    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.

    • Tony 2 March, 11:10 pm

      Harry, I am not sure what your question is. Did you send the TV back?

  • Lizzie 2 March, 2:14 pm

    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 :)

    • Lucy 4 August, 6:50 pm

      I have the same situation now… did they refund you?

  • Nik 2 March, 9:28 pm

    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.

    • Tony 2 March, 11:22 pm

      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.

  • Steven 3 March, 3:18 am

    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?

    • Tony 8 March, 12:10 am

      Steven, if the headset is not as described then your Statutory Rights have been breached and the Carphone Warhouse terms cannot override these.

  • Sarah 3 March, 2:24 pm

    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

    • Tony 8 March, 12:17 am

      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.

  • ste 3 March, 5:24 pm

    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

    • Tony 8 March, 12:20 am

      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.

  • Naomi 5 March, 12:10 am

    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.

  • Emma Jones 7 March, 8:51 pm

    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?

  • Gail 7 March, 9:36 pm

    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?

  • Debbie 7 March, 11:19 pm

    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!

  • Alyssa Rabet 8 March, 1:06 pm

    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?

  • Marlon Fletcher 8 March, 3:22 pm

    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?

  • macmrsc 10 March, 11:36 am

    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.

  • Wendy 10 March, 4:02 pm

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

  • Mr P de Brito 12 March, 2:34 pm

    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

  • Ken 13 March, 7:04 pm

    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

  • julie 15 March, 6:12 pm

    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?

  • william 18 March, 6:36 pm

    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

  • Jessica 22 March, 6:39 pm

    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

  • Jane 26 March, 1:07 am

    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

  • Angelika Martyn 26 March, 9:43 pm

    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??

    • Alyssa 29 March, 9:59 pm

      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.

  • Jayne 27 March, 12:16 pm

    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!!

    • Steve 27 March, 3:10 pm

      I bought an MP3 player in PC world just over a month ago – the device was only £15.99 but I expected it to last a little longer than a month – it keeps on freezing and then repeating the same 5 second piece of music, again and again and again and again and again…
      I have the receipt but not the original packaging – which PC world have told me is required for a refund – I beg to differ – can you please confirm who is correct ?

  • Dave 30 March, 3:14 pm

    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”?

  • Nicola Rock 2 April, 11:38 am

    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

  • Richard 2 April, 1:36 pm

    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?

  • David Fisher 5 April, 4:37 pm

    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?

  • Anthony 6 April, 12:28 am

    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.

  • sam 7 April, 5:18 pm

    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!

  • andream 8 April, 10:05 am

    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.

  • Melissa K-Onyia 9 April, 1:18 pm

    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

  • neil 10 April, 4:48 pm

    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?

  • Mark Jones 15 April, 4:30 pm

    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!

  • sana gul 15 April, 8:01 pm

    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?

  • jenni 18 April, 3:16 pm

    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

  • Mike 19 April, 1:37 pm

    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

  • Tonya 28 April, 1:50 pm

    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?

  • Iain 1 May, 9:29 pm

    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.

  • Cheryl Rowlands 3 May, 2:00 pm

    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.

  • Dom 8 May, 9:47 pm

    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.

  • Chris Todd 10 May, 3:07 pm

    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?

  • Laurie 11 May, 6:34 pm

    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

  • peter storey 12 May, 10:02 pm

    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.

  • Katy 17 May, 4:57 pm

    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.

  • Jag 18 May, 10:59 pm

    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?

  • Kelly 25 May, 7:04 pm

    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.

  • Ged 2 June, 7:25 pm

    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!!

  • Paul 8 June, 11:24 am

    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.

  • Sam Palmer 8 June, 9:42 pm

    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

  • Rachel Mc 9 June, 2:25 pm

    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?

  • Candy 14 June, 12:45 am

    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.

  • Andy 18 June, 5:33 pm

    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?

  • ian hartley 19 June, 8:43 am

    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

  • David Daniels 19 June, 3:51 pm

    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

  • Rebecca 20 June, 10:09 pm

    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!

  • Paul Gravett 21 June, 7:13 pm

    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.

  • emma higgins 8 July, 11:48 am

    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

  • Sarah 11 July, 1:43 pm

    I have received a high chair for my baby from an Australian internet site. They delivered the item weeks late and then once it was delivered it was very badly broken and unsafe to use. They have offered me a replacement and free shipping to pick up the broken item however I am concerned now about the safety of this high chair (the workman ship is obviously not good) and would prefer a refund. They will give me a refund but are refusing to pay for the return shipping costs of the broken item (it is a heavy box so could end up being very expensive if I send them myself) I feel this should be the responsibility of the company to cover. What is the actual law on this? Thanks for your help, Sarah

  • john 12 July, 10:57 pm

    purchased a tv on-line which didn’t have features that were advertised when it arrived i didnt notice this until after about 5 weeks when i tried to use the feature, trading standards told me it was a breach of contract and a criminal offence,company said no problem its our mistake send it back for a refund.
    They sent their courier to pick up tv i had nothing to do with the courier it was all arranged by them.
    I packed up the tv in original packaging very securely and safely and i helped the courier to the van with it.

    company received the tv and said it was damaged in transit,they wont refund me and say they must claim from the courier ,and courier says its my fault because it wasnt packaged properly which is a total lie.where do i stand legally.

  • Lisa 14 July, 11:35 pm

    My son bought a handheld video camera from argos in january with a gift card he was given at xmas-he did not keep the receipt.he has looked after it very well but it has now completly failed to work when trying to switch it on,do we have grounds to return it,either to be repaired or replaced.thanks.

  • Paul 15 July, 11:14 am

    Hi,

    I purchased a mobile phone case recently, and it was damaged when it arrived. I contacted the company and they said return the product or they would collect it.

    I opted to post the product back, however did not send it “recorded”

    the company are now claiming that they did not receive the case back and are refusing to replace or refund.

    Paul

  • Kayleigh 19 July, 7:51 pm

    Hi,

    I purchased a book off Play.com and when I received it, the pages were all torn.
    I went through the returns authorisation according to their website and promptly sent it back. I had to pay the postage on the book, and I’ve been trying to contact Play.com via email to see if I can claim the postage back, but have received nothing in return.
    Should I expect to receive a refund?

  • Hamina 20 July, 12:25 pm

    Hi, I purchased a second hand washer dryer from a local retailer but after a months use it has packed up. When i called the company, they sent an engineer who suggested that i had poured conditioner into the machine and shorted the motherboard. They are refusing a refund or repair because they say it would be cheaper for me to buy a new one.

    I was pushed into buying a new machine because i couldnt prove that i hadnt misused the machine. Is this correct? Can they do this after one months use?
    Please help!!!

  • Peter 20 July, 2:02 pm

    Hi
    My partner and I are 60. She purchased a book (Requiem) from an Amazon seller. Unfortunately, she just wrapped it up and waited until my birthday (16th July) which meant she had had it for a couple of months. My joy turned to sorrow when I opened the book and a page fell out. Then I noticed other pages had been cut out of this book. My partner complained to Amazon who state she had had the book past the 30 day return period so bad luck. This book is not as described. If it had mentioned pages had been removed, she would never have bought it. Surely this is not right. It was her first purchase and a very expensive one.

  • Laura Gilson 21 July, 3:53 pm

    Hi, I brought my mother in law a camera for christmas last year and it has stopped working, itwont even turn on and its nothing to do with batteries etc. We took it back to Currys but unfortunately we cannot find reciept althought we have box and booklets it came with. The shop assistant told us they had had a number of these cameras returned with the same problem recently. However when she took us to speak to the manager who was really rude, she told us that unless we had a reciept or bank statement with prrof of purchase we was basically screwed. I paid for this item cash so have no trace of purchase, although the box has bar codes etc on it they say this is no good. Do I have any rights? Thanks, Laura.

  • Michelle 22 July, 11:21 am

    I purchased a guitar for my sons 21st birthday online. My 15 year old daughter accepted and signed for delivery – 5th of July). When I returned from being away I checked that all the boxes were there and no damage. (it was a guitar package with amp etc). My son opened his present on his birthday 21st July to find there was a chip in the guitar. I immendiately contacted the company and they say there is nothing he will do as we should have checked it in 7 days. I explained it was a present, I was not here to inspect it and the accessory bag was alreay ripped open but he is insistent there is nothing he will do. Is there anything I can do at all. This was not cheap and I really don’t know where to go with this? I would really appreciate any help with this.

  • Michelle 22 July, 11:29 am

    I purchased a guitar for my sons 21st birthday online. My 15 year old daughter accepted and signed for delivery – 5th of July). When I returned from being away I checked that all the boxes were there and no damage. (it was a guitar package with amp etc). My son opened his present on his birthday 21st July to find there was a chip in the guitar. I immendiately contacted the company and they say there is nothing he will do as we should have checked it in 7 days. I explained it was a present, I was not here to inspect it and the accessory bag was alreay ripped open but he is insistent there is nothing he will do. Is there anything I can do at all. This was not cheap and I really don’t know where to go with this? I would really appreciate any help with this.

  • LG Dare 22 July, 11:01 pm

    i believe it was a bit rushed, and neglected some features that not many people talk about. Everybody knows that the majority new smartphones have internet, so why show that primary perform at its bear minimum. Scroll up scroll down zoom in zoom out. Really? which new cellphone doesnt do that? How bout speak about how the textual content rearranges itsself. Also the texting, very poor review. Why didnt you point out you need to use the mic and text with your voice? Neglected ALOT of other extra necessary features

  • RAJ SAROY 23 July, 8:48 pm

    I PURCHASED A 2 PIECE SUIT FROM RIVER ISLAND IN BIRMINGHAM FOR A PARTY ON THE 03/05/10. I BROUGHT THE SUIT IN A HURRY AS I HAD PLANS TO HIRE A SUIT BUT I HAD TO BUY ONE INSTEAD.
    WHEN GETTING READY TO WEAR THE SUIT I DISCOVERED A TRAIN TICKET INSIDE THE POCKET AND TOOK THE SUIT OFF. I DID NOT WEAR IT AGAIN AS SOMEONE HAD BROUGHT THIS SUIT AND RETURNED IT BACK TO THE STORE.
    HAVING TAKEN THE SUIT BACK TO THE SHOP, I WAS THEN TOLD THAT THEY COULD EXCHANGE THE PANTS BUT NOT THE BLAZER. IT SEEMED TO ME AS IF THEY WERE MAKING EXCUSES AND THEY HAD NO INTENTION OF GIVING ME A FULL REFUND. I WAS GIVEN RIVER ISLAND’S CUSTOMER SERVICE NUMBER WHICH IS 0844 A FIXED RATE NUMBER (5P PER MIN).
    HAVING SPOKEN TO SOMEBODY AT CUSTOMER SERVICES, I WAS INFORMED TO RETURN IT TO THEM BY HANDING THE SUIT OVER AT THE STORE TOGETHER WITH THE RECEIPT AND A COVERING LETTER EXPLAINING THE SITUATION. THIS I DID ON THE 30/06/2010 AND I HAVE A RECEIPT BUT I DID NOT HEAR BACK FROM THEM UNTIL I CALLED THEM UP TWO WEEKS LATER. THEY TOLD ME THAT THEY HAD NOT RECEIVED THE SUIT AND TO GET IN TOUCH WITH THE STORE THAT IT WAS SENT FROM.
    AFTER SPEAKING TO THE STORE I WAS TOLD THAT IT WILL BE SENT BY ROYAL MAIL’S SPECIAL DELIVERY AND CUSTOMER SERVICES SHOULD RECEIVE MY SUIT THE NEXT DAY. SO I WAITED AND WAITED AND DID SOME MORE WAITING UNTIL I RANG THEM UP TO FIND OUT IF CUSTOMER SERVICES HAVE RECEIVED MY SUIT. I WAS TOLD THE SUIT HAS GONE MISSING IN THE POST AND THAT THEY CAN NOT FIND THE TRACKING NUMBER OR THE RECEIPT OF THE MISSING PARCEL. SURELY IF THEY HAD LOST THE SUIT IN THE POST USING THE SPECIAL DELIVERY SERVICE OF ROYAL MAIL, RIVER ISALND ARE ENTITLED TO COMPENSATION UPTO £2,500, AS IT IS STATED ON THE ROYAL MAIL WEBSITE. CUSTOMER SERVICES OFFERED TO SEND OUT A CHEQUE FOR £150 PLUS A 10 GIFT VOUCHER BUT THEY DELAYED THAT UNTIL I CALLED THEM. I ASKED TO SPEAK TO A MANGER AND SHE INFORMED ME THAT SHE WILL POST OUT THE CHEQUE AND I SHOULD RECEIVE IT THE NEXT DAY. SHE ALSO TOLD ME THAT SHE WOULD CONTACT ME THE NEXT DAY TO CONFIRM IF I HAVE. I AM STILL WAITING FOR HER TO CALL ME BACK BUT INSTEAD I HAD TO CALL THEM UP AGAIN AS THE CHEQUE THAT WAS SENT OUT ME HAS THE WRONG NAME ON IT. AFTER CONTACTING RIVER ISLAND CUSTOMER SERVICES REGARDING THIS MATTER, I WAS TOLD TO SEND OUT A LETTER OF COMPLAINT ALONG WITH THE CHEQUE AND ALL THE RECEIPTS.
    COULD ANY ONE OUT THERE PLS TELL ME WHAT I CAN DO AND IF I AM ENTITLED TO MORE THAN THE £150 THAT I SPENT AS I AM VERY UNHAPPY WITH RIVER ISLAND AND THE WAY I HAVE BEEN TREATED.
    THANK YOU.

  • Rob 25 July, 2:18 pm

    I have recently purchased a high-end performance laptop from Dell under their Alienware brand. I noticed that its performance was severely below what it should be capable of, and after 2 weeks of diagnostics and benchmarking have found that one of the parts is damaged.

    After contacting Dell tech support 3 times within the first week of having received this item, I asked one of their agents if I could have a replacement, but was urged to instead thoroughly test this machine, using the same diagnostics and benchmarks over and over. I did as they asked, nothing improved the performance of this laptop, and I am now being told that the only option I have left is to allow them to repair what I believe the faulty part to be.

    They said this would take a month to have parts in stock, and even then couldn’t guarantee this would resolve the problem. I asked again for a replacement, and they claim that “as you didn’t ask for a replacement within the first 7 days of receiving this item, you are not eligible for replacement, only repair”

    I understand that my consumer rights don’t kick in if I have been invited to thoroughly inspect this product, however, I did ask for a replacement within the 7 day window. I’m not really sure what to do from here, as Dell’s staff are sticking to this “7 day window” rule. Thanks in advance.

  • Lloyd Matuszewskyj 26 July, 5:54 pm

    Hi , I bought a “candy Grand’O” washing machine 18 months ago. after almost a year it broke down so i had to get it repaired. Now 6 months on its broken again, it only has a 1 year warrenty. Am i right in assuming that a resonable person would not buy a washing machine expecting it to last 18 months and i can get it repaired again. Am i right in thinking i can claim it was of poor quality in reference to the durability aspect of the sales of goods act and get it repaired or replaced?

    thankyou

  • Jackie 26 July, 7:58 pm

    Hi, I purchase a disney tv/dvd combo in April 2009 from Asda.com. The dvd has stopped playing the dvds. I have just rung Asda and quoted sales of goods act and Eu directive and they told me they would expect a tv to last for more than 12 months however as it is out of guarantee I will have to find and pay for an engineer to examine the item to prove that that fault has occurred due to a fault, she also said a fault that would have been there when I bought it? I just want a repair from them or a replacement if they cannot done but they wont done anything I have to go away and pay for an engineer. Is this right as I dont want to be paying for an engineer and still have a broken tv while they decide whether they will replace? The item was £79.99. Thanks

  • Kirsty 26 July, 10:44 pm

    Hi,
    I purchased a samsung digital camera from Argos on 21/03/09.

    I still have the receipt. Last month the camera stopped working and will now not turn on. I only use it to photograph items to put on Ebay!

    Am I right in thinking that, I take it back to Argos for them to send away for repair first, if this then fails i’m entitled to an exchange for a similar model, and if not a part refund due to usage? Please advise.
    Much appreciated
    Kirsty

  • Cheryl Oldacre 27 July, 10:36 pm

    Hi 10 weeks ago i have puchased a GT mountain bike on the internet. i ride it to and from work everyday and have riden it a couple of times around the local park. After one day of riding around the park i noticed my chain was very rusty. This was ok and i oiled it and it was fine. However, now it appears my bottom bracket is faulty. There is a horrific creaking noise coming from my pedal section everytime i pedal up a hill and put pressure on. The whole build and quality of the bike is just unacceptable, i have massively lost confidence in the brand. I would like a full refund for the bike things going wrong after just 10 weeks of purchase is not good enough. Can you please tell me where i stand with this? Thanks Cheryl

  • Mark 1 August, 3:24 am

    I am quite shocked at the lack of understanding of some people of their legal rights on this forum. People are forgetting the 6 month rule. If its within 6 month from the point of sale the retailer must deal with your problem. It is automatically assumed the item was faulty when purchased, unless the shop can prove it wasn’t supplied to you in a faulty condition.

    If its outside 6 months from point of sale, then you as the consumer must prove that the item was faulty when you bought it. There is no legal remedy for a consumer when they cannot prove it was supplied faulty. So for example a laptop hard drive going wrong say 9 months after sale. It would be obvious that it wasn’t supplied to you in a faulty condition as you wouldn’t have been able to use it from the word go.

    Read the act itself and you will see that there is no legal remedy against retailers for a faulty product outside 6 months if you cannot prove it was supplied to you faulty.

    You then fall into the realm of merchantability of the item,, so should it be reasonable to expect a product to last a certain amount of time and this is law is not categorised or clearly stated and must be taken on a case by case basis.

    So should a laptop hard disk be expected to last 1, 2 or 3 years. It fully depends on how much you use it. Should a tv last 3 years, no, it shouldn’t if you are one of these people who leave it on all day and night. TV’s have a hours limit before the screen loses its sharpness etc.

    @Catriona
    I am quite shocked that your advice to people always seems to be the retailer is responsible no matter when the sale took place to when the fault occurred. The sale of goods act is there to protect consumers and make sure they know their rights. It is my belief that the advice you are giving inline with the act is inaccurate in some of your posts. The act is to help everyone know who is responsible for what and you seem to make out that its always the retailers responsibility, when its not! Most of the time there is no legal remedy outside 6 months.

    • victoria 27 August, 6:16 pm

      Hi,
      Mark you said most of the time there is no legal remedy outside six months. On what occasion would there be a legal remedy?
      I bought a pair of boots from Office shoe store last November and one has recently developed a faulty. The front of one of the boots has torn apart so I cant wear them if its raining as the hole would just let water straight in.
      I took them back to office yesterday and they kept the pair of boots to take to Timpsons to see if they could repair them. They phoned today to say that Timpson was unable to repair the boot. They also said if I wanted to take the matter up further I would have to go through customer service individually as customer service refuse to do anything through the store.
      Do I now have the right to ask for a replacement unnder section 48 of the 1979 sales of good act?

      I am a little confused. Also do I have the advantage of one boot having a fault and the other not. As I dont wear one without the other?

      Any help would be great as I cant afford to buy a new pair of boots.

      Thank you

      Victoria

  • Karajans 6 August, 7:00 pm

    I recently purchased a pair of phones with answer machine from a seller on Ebay. It is clear he is a business seller as he sells phones often that have been refurbished.
    The listing clearly stated that the item was in full working order with all contents included. When I recieved the phones I have not been able to check if they work or not as the rechargable batteries for the handsets were not in the box.
    Does this qualify the item as faulty as there are parts missing that are necessary for them to work?

  • DAN 6 August, 10:24 pm

    hello i bought a laptop from argos 9 monthes ago, argos took the laptop for repair, the lady gave me a recipt for the laptop which says condition general wear and tare. when I went to collect it she informed me that the laptop has a crack in the corner of the screen, she told me that she checked it ater i left the store, and stated the damage on a seperate peice of paper, I asked why did she not call me before shipping, she said she was too busy, I told her that there was no cosmetic damage when I left the store and said I want a refund she then told me I havent got accidental damage cover, so I left the laptop in argos possession wht can I do the only things I have is the till receipt and the receipt for taking the laptop for repair, which says general wear and tear, please help Dan

  • Ben 12 August, 12:23 am

    hi, fantastic helpful site here.
    wondering if someone could offer me some advice with a problem i have. I purchased a macbook in feb 2008, nothing has ever gone wrong with it before now. Yesterday the charger stopped working, i have tried checking the fuse nothing wrong there, i have no idea why it has stopped working. There is no visable damage and nothing i or anyone else has done to it as far as i’m aware could have broken it. I went to the apple shop to try and get a replacement. As my macbooks warranty has well passed they said they could not replace it and i would have to purchase one for £60. i feel like this is unreasonable am i being unreasonable am i in my rights to demand a new one. thank you

  • shelly 17 August, 6:21 pm

    Hi,
    Bought a samsung fridge freezer in sept 07 from Empire Direct. Received a letter in Jan of this year saying there was a fault with it which posed a fire risk and an engineer would call to fit a part. He did this in april of this year. The fridge freezer is now not workin and an engineer says the gas has gone due to a leak. If it not even 3 yet and cost £900 i would have expected it to last longer than this!! Rang Empire Direct and they say they are new owners who bought the trading name and website in 08 following Empire Direct going bust, they have no records prior to this and can do nothing!! Do i have any recourse with anyone? I have an old f/f in my outhouse which must be 20years old, surely they should last longet than 3yrs??

  • James Glover 20 August, 4:21 pm

    You say a poof of purchase is required but this is incorrect. What is required is evidence that you purchased the goods or services from the seller. In court, this could take the form of a receipt, bank statement or, importantly, the oral evidence of the buyer. If, therefore, he has lost the receipt or doesn’t have a bank or credit card statement, the seller does not have the right to refuse a claim for a repair, replacement or refund since if the seller went to court he could stand up in front of a judge and give evidence on where he bought the item, which the judge could decide whether to believe. So don’t get fobbed off!

  • Edwina 22 August, 10:22 pm

    Hello,

    I need a little help! My mum bought a pair of baggy trousers (£75) and only wore them twice. The fabric has started to split around the seams, they are faulty. Because she didn’t wear them straight away the fault did not appear until after the returns period. We took the trousers back to the retailer about 8 weeks after the purshase and explained the situation. A couple of weeks later they have offered an exchange but no refund. I want to know whether my mum is entitled to a refund and if so, how do we get it?

    Any advice would be appreciated!

  • Wendy 23 August, 1:34 pm

    Hi,

    My mother bought a dress and jacket from a shop for my sister’s wedding in the sale. At the time she commented firstly on how creased it appeared and was told the ceases would fall out when standing. Secondly she commented that the lining on the jacket appeared to be falling below the cuff, and was told that it just needed to be tucked up and was fine. In getting it home, she put in on in another shop to buy accessories, and the shopkeeper commented on how terribly creased it was, (and the creases would not fall out after she walked a round for a while) and secondly that the lining of the sleeve was falling below the cuff. After examining the cuff it clearly needs more than tucking up and needs to be re-stitched. She took it straight back to the store, who said because it was a sale item they won’t give a refund, They have offered to mend the sleeve and send the dress back to the manufacturer in Ireland. My mother does not want any of this as she is concerned about the time as the wedding is in less than a month and doesn’t want the risk of the repair being unsatisfactory with so little time to buy another outfit. Additionally the shopkeeper has a notice up saying all faulty goods will be given a full refund. What are our rights, is my mother entitled to a refund?

    Wendy

  • bet henry 24 August, 11:24 am

    Hi i bought a washing machine from littlewoods online took it out of box got a plumber to put it in did a wash and the water cushed out at the bottom of the machine got the man out again he said the machine faulty phoned littlewoods going to send man out to fix it its only 2 weeks old what are my rights of returning wmachine and i dont want a faulty washing machine

  • wayne 24 August, 4:04 pm

    Dear Catriona,
    I have a 2 ½ year old £1000 ONKYO TX-SR875 Receiver amplifier that needed a manufacturer’s recommended software upgrade,
    I contacted superfi.co.uk and rang their shop in Manchester where I bought the item, they told me it was up to me to ring onkyo about it as it is still under their 3 year warranty,
    http://www.eu.onkyo.com (the manufacturer).

    So I rang onkyo and they told me to contact http://www.genserve.co.uk
    Who are their authorized service agent in the UK and who deal with any needed firmware upgrades?

    Upon contact, genserve promptly arranged collection of the amp via city link courier; it was packed very well by me, however arrived to them with some damage,
    genserve never notified me of this, repaired the item and sent it back to me,

    On return to me via city link courier I signed for it as unchecked,
    The packaging seemed insufficient for the weight of the item!
    After close inspection I found the note about repairs and what had been fixed, and I also noticed Evan more new damage!

    I contacted genserve and again they sent out courier to collect a now well packed amp, it arrived to genserve with no further damage and all previous damage was then “repaired by them”?
    And they again sent it back to me via the same city link courier,

    Upon receipt from city link the driver said he could not wait for me to inspect amp,
    So I signed for it again unchecked,

    This time it looks like someone has hit the back of it with a sledgehammer!! And it was insufficiently packaged yet again!
    The damage looks beyond any repair as the back of the unit is completely caved in!!

    By the way, all the courier visits have been payed for by either genserve or onkyo and arranged by them.
    .
    I have now really had my fill of it all!

    So I rang genserve yet again! And asked them to send me a new amp out because of all the trouble and plus damage not caused by me but them or their courier firm,

    All they said they can offer me is a like for like replacement i.e. same model but used/repaired previously faulty item with a few months’ warranty left!

    Now I find this unfair as my amp was in pristine condition and has had very little use for its age, few hours a week at most! Also it has never been damaged or needed to be repaired, so why would I want what they are offering me?

    This cannot be right, if they only offered me half my money back I could buy the same model brand new with 3 years warranty from another retailer.

    Please can you advice me as I think all these people are at fault and just fobbing me off by shunning their responsibilities,
    I would like to know if and how I may proceed to legally claim against them for this damage to my property and who should be held responsible for paying or replacing it.

    Thanks
    Wayne

  • Prekndreaj 27 August, 8:01 pm

    Hi I bought a samsung 50″ plasma tv at the end of June this year and now it has stopped working. It does not turn on. I have only had it a couple of months so it is very strange why it has stopped working. It seems as if they have sold me a faulty tv that has only lasted 2 months. Am I entitled to a refund or a replacement tv?

  • mr finn 31 August, 9:41 am

    Dear Sir/Madam,

    I recently had to send an electrical unit back to the manufacturer to be repaired. i waited in excess of nine weeks for a replacement and also received no details on the nature of the fault. this is also the third time that it has happened. Although i now have a working unit, each time this has happened it has caused me a great deal of inconvenience to have been without it, would i be entitled to any kind of compensation?
    yours sincerely
    Mr Finn

  • Craig 31 August, 5:50 pm

    I bought a Beko S502 White Electric Cooker from Argos Direct by phone, deciding to pay using a Argos Credit buy now pay later.

    I recieved the item on 15-06-2010, the delivery manifest was the only reciept I have apart from a non-descript itemisation of a purchase listed on my argos store card.

    Last Saturday, 28-08-2010 the oven failed on this appliance – however the hobs still function.

    Today I contacted ArgosDirect because about the breakdown and explained that I feel dubious about the build quality of this product. In response Argos transferred my call to Beko, who in turn has referred it to an external company FE Services to simply come out and assess the breakdown.

    I am without an oven for the meantime and will imagine that this fourth party (who has to call me in 48 hours to arrange visit) engineer cannot repair it on his visit I will have to go through a prolonged waiting period until I am able to use an oven again, due to the nature of the decision making process and the different levels of organisation.

    If the repair doesn’t occur on site, then I think the engineer will not be able to take it away, and someone up the chain of command will have to decide that I need an temporary oven after a day or so and this could take a week to happen after that. Although I note that Argos do not stock the same model of oven on line.

    My question is what is a reasonable time under law when we are dealing with essential items like this cooker?

    My next question concerns what can I expect from the retailer?

    I have indicated that I would like a refund as after 10 weeks I am a little disappointed with the quality of this particular model. When am I in the best position to successfully challenge the retailer to provide a refund and what law text do I cite in doing so?

    If the retailer decides to replace with another appliance, does it have to be new like the original purchase? and DO I still get the same 12 months of protection as indicated under statutory law etc?

    As for the inconvenience in the whole process, how does the law describe that particular area with concern to my cooker purchase and its subsequent lengthy course to have it rectified by the retailer?

    If you can help with this I would be most gratified. BW

    Craig Reading

  • Scott 2 September, 7:01 pm

    Hi

    I bought a motorcycle jacket in February of this year it was not cheap at £250 and it made the claim of being totally waterproof.
    I had a 3 day bike trip in July and found after around half an hour of riding in the rain I would be soaked. I contacted the manufacturer (Weise) and they were quite helpful telling me to check the way some of the zips were fastened etc. I took thier advice but it still leaked and then a couple of days ago the stitching failed at the cuff.

    At this point i decided I wanted to return the jacket so contacted the retailer Sportsbikeshop.com. They have asked me to return the jacket, am i responsible for the postage cost?

    They asked me to pick a replacement from thier website but are only willing to warranty the jacket I buy for the remaining 5 months.

    I explained that I dont ride over winter so wont know if the jacket is going to hold up or not as I will only be able to use it for a month before its winter. To which I was basically told tough.

    I asked them to refund me instead but they said they wont as i have had it for 7 months.

    Am i being treated fairly?

  • Sarah Redrup 7 September, 3:27 pm

    Hello,
    I wonder if someone can help with some advice.
    I purchased a tap unit off of a ebay shop over a year ago for our bathroom which we was decorating. The decorating took longer than originally expected, once the tap unit was fitted the main valve that the hot and cold water connects to was leaking bad with high pressure water spraying everywhere. I contacted the supplier and sent my receipt as proof, i was within the years warranty by 1 month (lucky) they sent out another replacement valve. We fitted the replacement valve and again exactly the same fault!I advised the supplier who was slow to respond, after chasing them numerous of times they just keep telling me that the warranty has now expired and that they sent out a replacement part! I feel like i am going round in circles and not getting anywhere, in my mind i feel that as the fault was reported within warranty and they have not rectified the fault that they are still responsible either to repair or replace, any advice would be great, Thanks

  • Paul 8 September, 12:01 pm

    I purchased a Panasonic digital camera from http://www.sundigital.co.uk in the middle of June 2010. Last weekend i was taking some shots with it, it was working one minute and the next the lens would only pick up a lot of blurry horizontal lines. I stress that it was not dropped or damaged, it simply developed a fault.

    The seller told me on the phone that i had to call a company called DK Audio as they dealt with all Panasonic cameras and they would deal with it, that it would most likely be repaired and that the seller did not have to replace it.

    I have to package and post it to DK Audio and they will repair it under warranty if they deem it not to be damaged.

    However i would much rather the seller replaced the goods as the product is only a couple of months old and that i will need the camera with in the next two weeks as i am going away and will require to use it!

    Can i demand the original seller replace the product?

    Thanks, Paul

  • Ian 9 September, 1:43 pm

    Hello,
    I purchased a Sony Vaio Laptop from Very.com about 3 months ago. Since using the laptop a large area of the finish has worn away on the trackpad and wrist rests to reveal the black plastic underneath. The laptop has not been subjected to anything outside of normal use. I spoke with Very who referred me to the sony warranty repair site. I followed the Sony warranty process by submitting via email details of the issue and recieved a reply stating that as it was cosmetic damage the repair would be chargeable. I then wrote an email to Very.com who replied with the following:

    “As we are guided by the findings of the helpline we are unable to offer a resolution on this occasion. General wear and tear is not covered under the manufacturing guarantee therefore it would be a chargeable repair. If you disagree with this I would suggest you speak with Sony who may take the item in for inspection but I would advise that if their findings are correct and its not a manufacturing fault charges may apply.”

    Personally I would not consider the fault as general wear and tear.
    Is there anything I can do?
    Thank for a great website by the way!
    Regards,
    Ian

  • Ian 9 September, 4:16 pm

    I contacted Very who referred me to the Sony support line. I spoke to an advisor on the contact number who told me despite what I described in the email below that the repair is chargeable regardless.

    I spoke to an advisor at Very who told me that there was nothing further they could do – please also read the Very.com Email response:
    =============================================================
    Dear XX,

    Thank you for your email regarding PR7601A.
    As we are guided by the findings of the helpline we are unable to offer a resolution on this occasion. General wear and tear is not covered under the manufacturing guarantee therefore it would be a chargeable repair. If you disagree with this I would suggest you speak with Sony who may take the item in for inspection but I would advise that if their findings are correct and its not a manufacturing fault charges may apply.
    Kind regards,

    India Murphy
    very.co.uk customer services team
    =============================================================

    The email reply from Sony:
    =============================================================
    From: customersupport.en@vaio-link.com
    Sent: Monday, September 06, 2010 12:37 PM
    To: xx
    Subject: Vaio-Link email 4976382 [Case ID #: 268791]

    Dear Sir/Madam,

    Thank you for contacting us.

    Kindly be advised that this is considered to be Cosmetic Damage, & will be chargeable repair.

    After providing the information below , will have the Repair Center engineer call you to discuss Cost

    Before collecting the VAIO for repairs.
    ================================================
    My Reply to Sony:
    ================================================
    As a follow up from my previous email, I don’t understand why this is chargeable? When I initially purchased the laptop it had very minor discolouration of the affected areas, barely noticable, over the last few weeks the coating has come away completely expoing the black plastic under the silver finish completely. If I bought a car from a garage and 2 months later the paint came off through normal day to day use would you think it reasonable that the garage charge me for a respray? so why is this chargeable when its a defect in workmanship / materials and not fit for the purpose for which it was provided?
    ============================================
    Sony’s Reply to me:

    ============================================
    Dear Sir/Madame,

    Thank you for contacting us.

    I understand that you want to have the VAIO repaired for free.

    Kindly be advised that the case has been escalated

    Should you have any further questions or queries, please feel free to

    reply to this email or contact us on these numbers below:*

    VAIO in warranty: 0870 240 2408*

    VAIO out of warranty: 0905 0310006 (35p/min plus network charges)*

    Our lines are open 8 am to 6 pm Monday to Friday*

    Kind Regards

    Ahmed saad

    ===================================================
    That was over 1 week ago and no further news.

    So essentially I’m stuck! Sony wont help unless I give them money and Very tell me that they cant help and refer me to the Sony repair number.

    Is there anything further I can do?

  • Ian 9 September, 4:19 pm

    PS the last post by me was a follow up from an earlier article posted here at September 9, 2010 at 1:43 pm

  • debbie 10 September, 3:04 pm

    my husband bought me a pair of boots from all saints £165 i hadnt worn them and they were faulty i hadnt got the reciept my husband paid cash for them he doesnt think he has the reciept either i have had them about a month i took them back they agreed they were faulty and unworn but would not do anything because of no proof of purchase? is this legal? now i am stuck with a pair of faulty boots and can do nothing? any sugestions?

  • Amanda Sampson 13 September, 12:38 pm

    Hi, very helpful site but I wanted to check what I could do in my situation.

    I bought a pair of boots from Moda in Pelle in Leeds in Feb 2010 (I live in London) and have only worn them twice. Last week I wanted to wear them and the zip on one of the boots does not do up properly. The company still sell the boots and so I was looking for an exchange. I don’t have the receipt and can’t find an entry on any of my bank statements from the period (perhaps paid in cash, can’t remember). Anyway the London store say they cannot exchange without proof of purchase. I have not yet contacted their Head Office but am I entitled to an exchange?

  • guyster 18 September, 11:36 pm

    hello everyone. i purchased an indesit wixxe127 washing machine from my local comet store on the 2nd of may 2010 i paid £199 for the product however 2 months (july) after i purchased the item the door latch developed a fault(door would not click over and lock when i tryed to close the door)and faulty drum paddles( they had come loose) i phoned comet customer services explained the faults to them. they said no problem sir we will send someone out to repair the faults. the engineer came out replaced the drum paddles and repaired the door latch. while he was doing the repair i was talking to him and he said that the door latch becoming faulty is a common problem on that particular model.i didnt think anything of it. so the washing machine was working fine again and on the 11th of september 2010 the door latch again developed a fault(door would not click over and lock when i tryed to close the door). i phoned comet customer services again and explained to them that this is the 2nd time in 4months that the door latch has broken. i also said that i was not happy with the machine and that i did not want it repaired again or exchanged. i explained i wanted the machine picked up and give me a full refund. i was told oh sorry sir we cant give refunds after 28 days from date of purchase. i contacted consumer direct and explained to them the situation. they said u are quite within your rights to refuse a repair. i phoned comet and told them i was dealing with consumer direct and was told by consumer direct i was well within my rights to refuse a repair. comet said to me thats fine sir but we still need to send someone to do an inspection. i said thats fine. the engineer came out on 16th september 2010 done the inspection and filled out a report and he confirmed what the first engineer had said about the faulty door latch on that model of machine was a common problem . i phoned comet on 17th september 2010 to find what was going to happen and they basically informed me that the service centre were not prepared to exchange or refund because they felt that the item could be repaired.i informed them that i didnt want a repair done i wanted the item removed and a full refund on the grounds that the door latch had broken once had been repaired once has broken again for a 2nd time and if i allowed it to be repaired it could break again and again.

    does anyone know where i stand with trading standards or can i make a claim ?

    thanks
    guyster

    p.s. sorry about the long drawn out explanation lol

  • Marcie 20 September, 8:55 am

    I purchased $10,000.00 worth of carpet to cover all 3 levels of our home. There were several issues with the installation, ie padding left under carpet, faulty padding that crinkled like we were walking on plastic pop bottles, damage to our oak stairs. Most of these were corrected to our satisfaction. We had the carpet for approximately 3 months when I noticed it was beginning to look shabby & matted down. I pointed this out to the store owner and was told that it was because I didn’t vacuum my traffic ways well enough. I vacuum nearly every day with a Dyson. We have had the carpet for 9 months now and all of the carpet is starting to look the way the walk ways did after 3 months. It reminds me of a well loved teddy bear.

    This carpet has a 5 year warranty and I do not feel I will have a problem getting it replaced with identical carpet. My concern is that this carpet is simply not as promised, we upgraded to a thicker pile to ensure it would be plush and last for many years. I am worried that having it replaced with the same carpet will only result in it looking the same way after another 9 months. Do I have the right to request a refund for the full price since the carpet is not the quality that was promised to us? I understand that there will be small issues when hiring someone for a large project like this, but I find it odd that we would experience problems with every aspect of it. Quality of carpet, quality of padding, damage caused to our stairs and laminate flooring by carpet installer, & multiple mistakes by installer in regards to the carpeting itself. How would I go about getting a total refund if we are entitled to it? Thanks for your help!

  • Matthew Robson 21 September, 4:40 pm

    I purchased a bed from Barker and Stonehouse which was delivered. We were unable to put it together as it jammed so we requested that they take it back. The two fitters who arrived struggled to take it apart resorting to brute force in the end. I have asked for a refund but the branch manager has refused stating that when he got the bed back to the show room it fitted together in two minutes flat! He has stated my floor must be uneven and causing the problem. Where do I stand? I’m sure that I must be able to claima refund particularly as I requested it as soon as th ebed had been taken away.

  • Jan 28 September, 5:15 pm

    Hi
    I bought a ps3 on the 5th December 2009 and it has got a fault and will not go on.On contacting Argos they told me to deal with Sony meself.Sony said they could only provide me with a reconditioned one which i was not happy with as the item cost £285.Please can you tell me my rights.
    Thankyou

  • lisa 28 September, 7:54 pm

    hi my partner has just brought a mika midsleeper bed with cover from tesco’s direct for my son,his other bed had broke, when the bed was delivered my partner and i started to build it, half way through building it we noticed that the holes in the bed were slighty smaller than the bolts,we continued to build the bed then the bolts in the main structure broke while being tightened up, the bolts were only half way in the hole, my partner went straight back to tecos and complained they were very understanding and said that a replacement was ordered and would be with us in a weeks time, today the replacement bed came and the same parts are faulty, my partner went back to tescos and complained once again this time with the faulty parts, it was explained that my parnter had to talk to someone on the help line after explaining again what had happened he was then told that they dont send out spare parts and a new bed will have to be delivered which will take another 8 days to arrive he then read out that on the instructions it states ‘dontgo spare help is at hand,in the form of our trusty spare parts helpline, still he was told that they do not send out spare parts. This wouldnt be such a problem if my son had another bed to sleep in but he hasnt and he also has very bad asthma and being too close to the floor can result in him having a asthma attack, which then he will have to go to hospital because his attacks are so serve please can you advise us on what to do?

  • kerry 30 September, 1:59 pm

    hello can someone advise me please,i saved for ages for a nice pair of shoes 375pounds of saving infact and bought them may 2010 i tryed them on they seemed fine done the walking up down hallway and they seemed to be ok,i didnt wear them till end of august for forst time to wedding i had them on for 30 mins and the right one kept flippin goff like a flip flop so after an hour i ha dto go home and change,i contact NET-A-PORTER and they tryed to tell me i needed gel things to grip to shoe!!!im sorry if a shoe of that price dont fit then i dont wan to have to buy things to keep it on for that price they should be perfect,i sent them back to them 3 weeks ago for inspection and they just rang me saying a model had tryed them on and they were fine on her!!!!1 why is someone else trying on my shoes and 2 i wonder how long she walked around in them for was it long enough for them to start flipping off??and im not happy she had them on walking around in them!!!i told him there was also a fault on the right shoe down the back of the heel the red wasnt put on straight so hes gone away to inspect again!!im fuming the only nice pair of shoes i saved for i cant wear and i want a refund im not happy at all or replacement,i should just have got a pair of clarks least you know they would be fine…please any advice would be great before he rings me back today…thank you xx

  • kerry 30 September, 2:01 pm

    also i dont want to sound snobby…i did save for ages for them lol..thank you x

  • Penny Bowsworth 1 October, 12:49 am

    2 Years ago my husband brought me a pair of made to measure boots from Duo. The boots were well over £100. The boots had a high heel (4 inches). I wore the boots once for approx 2 hours when I noticed a crescent shaped crack on the heel where it was attached to the sole. I emailed Duo and sent the boots back who decided the boots were faulty and replaced the heel.

    Within a matter of hours of wearing them the same thing happened again so the boots went back…. again. This time Duo replaced the pair of boots and these were returned to me in March 2009.

    I wore the boots for a short amount of time but guess what…. yes the same thing happened again only this time the crescent shaped crack was also accompanied by the heels snapping off. I put the boots in the box with the intention of returning them.

    I have recently returned them to Duo who say that they will replace the heels at a cost of £20 to me and even though I was originally told on the telephone that my postage would be refunded they are now refusing to do so. The boots havent been worn for a long period of time and Duo are saying that a “reasonable time” has now lapsed. My argument is that the boots are not fit for purpose. My husband thinks I should pay the £20 and give in graciously but given the history of the boots I have no confidence that the problem will happen again.

    Any advice please

  • patience 4 October, 6:08 pm

    i bought a camera from tesco but, when i tried using it the pictures on the sreen was very blurry. the pictures also appear blured when downloaded onto my pc. unfortunately i have misplaced the receipt so when i took the camera back to tesco they refused to help me. what can i do now. thanks

  • annie webster 4 October, 10:35 pm

    Hi! I bought a second hand car, and the seller advertised it as in good condition. but when i took the car home, there is a warning light that wouldnt come off. and it seems to be a serious problem as the service book says needs to check the engine. the seller never mentioned anything about it. and turned out,that was the cars problem eversince. the car has given me so much headache already and i havent even used it. what do i do? please help. thanks.

  • Nigel 5 October, 2:03 pm

    I My mom was bought a packard bell laptop from PC World on 30th November 2009, the laptop is now notifying that the battery has reached end of life and needs to be replaced, when she phoned PC world and told them about the battery she was informed that the battery was only covered for 6 months and they will not replace the item, When i phoned them and aksed about the EU Law, they informed me that the battery was classed as a consumable so was not covered under this law. Can someone tell me if this is right? i have asked for this to be escalated, as i have now got a product that is not fit for purpose just awaiting a response back from them. any advice much apperaicted

  • Lee 6 October, 12:04 pm

    Hi, my mother bought a 42″ LCD TV from Currys in Aug 2009 for £499 which has recently gained a fault. She has visited the curry store where she purchased the TV to be told they cannot help as it is out of the 12 month warranty. An independant repair company has quoted £400 pounds to take the TV away and repair it. The company say the pixels on the TV have gone which has caused a perminent black line to appear down the screen when it is switched on. The sales of goods act states that products should be expected to last a reasonable amount of time. Can you advise me if she has any grounds to ask Currys to repair the item under this legislation please as for a £499 to only last 14 months seems to be a little unfair.many thanks.

  • Dan Saxton 7 October, 10:05 am

    My computer failed within the 12 month warranty period.

    The motherboard, CPU and RAM were returned and the motherboard was deemed faulty after AdvanceTec tested it.

    I called after 18 days to enquire after it’s repair or replacement and was told that they had returned it to the manufacturer and I had to wait 30 days.

    Lee, the support staff (who refused to give me his surname) was very aggressive when I suggested that 18 days was too long and my contract of sale was with AdvanceTec and not the manufacturer. He would not give me a refund and said “that’s just how it is”. He wasn’t prepared to chase the manufacturer or offer any reassurance that my problem was being dealt with in a timely manner.

    He did state that after 6 months they did not have to do anything other than send it back to the manufacturer.

    I posted the above on this website shortly after speaking with AdvanceTec. About 30 mins to an hour after posting I received a telephone call from Keehin Lomax, the area manager who said that if I removed the review they would send me a new board (after testing) the same day, if I didn’t remove the post, I would have to wait 30 days !!

    I need my computer for work and therefore agreed to remove the post, which I did.

    A new motherboard (fitted with my original CPU and RAM) arrived the following day and I immediately installed it into my computer.

    The problem still existed !! I called Keehin Lomax on a Sunday who said he would need to speak to Lee on Monday.

    I called Keehin on Monday to be told that Lee hadn’t made it in that day, but was expected in on Tuesday.

    I called Keehin on Tuesday at 11am (support opens at 10am) to be told that Lee was expected in at 10am, but hadn’t arrived – he would hopefully be in later !

    I called later, but Lee still hadn’t arrived, we agreed that I should send the motherboard, CPU and RAM back again for further testing.

    I called Keehin on Wednesday where I was informed that he had finally spoken to Lee who said he fully tested the board before it left AdvanceTec and was working fully. He went on to say that the CPU had bent pins which I must have done since receiving the components back.

    The CPU (which, by the way, doesn’t have pins – http://images.hardwarezone.com/upload/files/2010/02/76cf01eecf.jpg;pv2a88f5966278d737 ) was installed (and tested) by AdvanceTec before I received the components back – I just plugged my power and graphics card in and it still had the same problem.

    He offered no solution other than to accuse me of causing the problem while believing Lee (the support guy) who couldn’t even tell his own company the truth about when he was coming to work !!

    He suggested my course of action should be via Trading Standards.

    POSSIBLY THE WORSE COMPANY I HAVE EVER DEALT WITH – I RECOMMEND STAYING WELL CLEAR IF YOU CAN.

  • Nicola 11 October, 9:42 pm

    Hi I bought a laptop case last Saturday, used it for the second time today and the shoulder strap broke as i was walking along damaging the laptop as the bag dropped onto concrete. All that was inside the bag was the laptop and laptop charger so the bag wasn’t overloaded. Can anyone advise me what my rights are. Thanks.

  • Mike 12 October, 12:37 pm

    Hi, a different perspective on this. Im being taken to the small claims court for a private Ebay sale. I sold a Tent in Nov. 230 days later the buyer tells me it wasnt as described and wants a refund. I said if he had come to me sooner I could have validated his claim, but as its been so long I cant now prove it is my fault or his. Under the sales of goods “reasonable” time is allowed. As its a Tent would 230days (till June) be deemed a reasonable time? Im concerned Im going to get a ccj for a small claim of £120? Ive sent the court papers back stating Im going to defend the case. But Im still worried. But I genuinely feel that for a private Ebay sale, for the buyer to say he isnt happy 230days later is unreasonable. Am I likely to lose? many thanks.

  • James 12 October, 6:04 pm

    Hi.

    I bought a Sony Ericsson Vivaz from Carphone Warehouse in April 2010. I have had software problems with the phone in the past which I have been able to fix via resetting it to manufacturer settings. Recently, I had to take the phone in for repair as the charging port in the phone was coming out when the charger was plugged in. I had no problems getting a repair.

    I researched the problem on the internet and many people have had the charging port falling out problem so it is likely that the fault is a design fault and not down to wear and tear/misuse.

    How long is a reasonable time for repair? Could I get a refund now as they have sold me a faulty product.. I wish I had asked for a refund now. I have been given a standby phone but there is obviously still huge inconvenience caused.

    Many thanks,
    James

  • Martin Glenn 26 October, 10:58 am

    I purchased a Toshiba 32″ LCD TV from Comet December 27 2009, I was not happy with the Sound on it it was muffled and not clear, I called and was told that as over 14 days needed an engineer to assess I duly accepted this and he came and ascertained that the speakers were faulty, He returned a week later and replaced the speakers, This was better but still not right in my opinion. I also at the time told him that the remote control wasnt very responsive and he then tested and agreed and ordered a new IR receiver unit for the TV and returned and fitted this. Fast forward to August this year the TV started flashinng to a Black screen. Again called Comet and asked for a replacement due to previous issues again they said and engineer will need to asses, This actually didnt happen they ordered a replacement HDMI board and the engineer came out on August Bank Holiday Monday (Runing the plans that I had) and replaced the HDMI board, This resolved for a while. Now in September . October the TV has developed yet another fualt, The sounds starts screeching and the TV will not turn off unless pulled from mains and also it will flash the screen on and off and again this is rectified by pulling power from the mains, I stress that this is an intermittent fualt and reluctant to have engineer out again incase it is not present when he is there. ( I do have however camcorder footage of the unit misbehaving). Anyway I decided enough is enough and knowing that the unit is 10 months old boxed it up and took it back to Comet in Boston and they refused to do anything and have arrange for the engineer to come this saturday. I believe that the Sales of Goods act Rev 2002, States that I am entitled to demand a replacement.
    How to I stand on this? I was considering sending a recorded letter to their Managing Director but will wait for the engineer report.

    • Dave 28 November, 9:01 pm

      Hi Martin,

      Sorry to hear about the trouble you’ve had with your tv, because they’ve failed to repair the item and it has continually developed faults within a couple of months after each repair. They should refund or replace the item at your request after failing its third repair.

  • Caron 27 October, 10:17 pm

    Hi,

    I purchased a pair of Dunlop golf shoes for my son in April, he has used them once-twice a week, however on changing a cleat the fitting fell out. As these shoes are only 6 months old, and I would have expected them to last over a year as most other golf shoes have 1-2 year warranties, am I within my rights to take them back as they were not fit for purpose?

  • Lisa 4 November, 3:06 am

    Hi,
    I bought a pair of boots in september from Boohoo and have only worn them couple of times. But recently I’ve noticed The heel on the left boot is starting to separate from the upper material. Am I able to do anything about this? I’m not sure how it’ll work because I can’t physically show the damage in store.
    Thanks in advance

  • Daniel 8 November, 5:11 am

    I bought a microwave combo with built in oven and grill from currys with a warranty. I had to put it in for repair as the grill stopped working, thay had it in for repair for almost a month and told me that i could not have a loaner as thay only do that sort of thing for very expensive items, even though i told them i did not have a stove and only used my microwave combo. after awhile of getting it back and still under warranty the oven and grill stopped working again.
    I took it back again for repair and was told that thay would not repair or replace it because it has now been discontinued. thay offered to replace it with another model of microwave combo with built in oven and grill, but all the other models have gone up in price over £50 or more then what i had paid origionally. the only model i could afford was a more basic one that only did microwave and grill, and No oven, this was bad as i do not have an oven and i still ended up paying £10 extra. what are my rights to geting what i origionally paid for. i feel like its not my fault that thay had discontinued my origionally model, but thay dont seem to care.

  • Nikki 10 November, 12:59 pm

    I purchased a dress from Debenhams Debut range for a wedding and have worn it only once, I had it dry cleaned and all the colours ran. I returned it to the store where the lady was very off with me and said that it din’t smell like it had been cleaned at all and told me it was the cleaners fault. I returned the dress to the cleaners and they re-cleaned it and gave me a letter to say that it was a maufacturers fault. I returned it back to debendahms and they said they would send it off to be tested. It had taken 6 weeks of toing and froing and finally I got a call to pick the dress up saying that it was not their fault however they would not give me the report which stated the problem or how they had tested it. The staff were quite rude when I asked for for the head office address saying that it was no use in complaining as I had already complained. I fell like piggy in the middle as the cleaners are not taking the blame and neither are Debenhams – where do I stand?

  • George McDonald 13 November, 8:47 pm

    Hello,

    I have ordered a sofa from this website, http://www.chesterfields.info in March of this year and they sent us the wrong sofa after a month overdue which was in May. We filed a complaint to them and they have not responded to us since May of this year. We approached Office of Fair Trading because the bank can’t help with chargeback unless we send the sofa back to them but they are based in two locations – Bolton and Isle of Man. OfT contated the OfT in Isle of Man who advised us that they can’t help us because they are not within the United Kingdom control. OfT then contacted Bolton OfT but with no luck. The bank which is HSBC stated that they can’t help unless we send the sofa back. Why should we pay additional costs to have it sent back and can’t claim that costs back? As a result, we already spent money on storage costs and delivery costs between home and the storage centre. OfT contacted Chesterfields of England and the Managing Director’s name was Franco, he has not responded to the OfT! I called them almost daily and complained since May and once, he suggested that I SHOULD FILE a chargeback – why should he encourages his customers to do that? His company is a very dodgy one and now, we are running out of choices because our local MP can’t help us with customer issues. It is so frustrating to see how the UK laws are letting companies like Chesterfield of England getting away with it and carrying on trading? Very upsetting for all of us here.

    I don’t know what to do and maybe, i should drive up to Liverpool and catch the boat to Isle of Man and face that bastard.

    George.

  • omar mehdi 17 November, 10:55 pm

    Hi
    I hope you can help
    I purchased a plasma 50” tv from curry 14 month ago it cost me £1000 pounds in total for the package.
    I turned it on today to find green and pink pixels all over the screen, i have spoken to lg and it is a fault with the tv.
    I have also contacted currys and they responded by telling me my warrenty was out of date and i would have to pay for the repair, i explained that i would expect a tv to last more than 14 month and i was not happy to pay for the repair, but said it had nothing to do with them and i should have took out the extended warrenty on the tv at extra cost.
    Where do i stand?? i dont think its right that i pay for the repair on a item that is faulty.

    Your advise would be greatly appreciated

  • AlexT 18 November, 2:39 pm

    Hi – I recently purchased an expensive skirt from one of the Maxmara outlet shops. I wore it the following day to a very important client lunch for a couple of hours and I noticed the thread had broken on one of the side seams (about 1.5cm long), this was on the outside material but not the lining. I felt embarrassed as I didn’t know whether the skirt would split completely and spent the lunch with my hand covering the gap.

    I returned it to the store, they informed me that as I had worn it there was nothing they could do but I persevered and they have now agreed to send it off for independent analysis. I suspect they do this to protect themselves against people wearing and returning goods which I understand, however, I still feel disappointed that they maybe treating myself in the same way especially as this wasn’t the only item I bought that day.

    Either way I am concerned that the skirt was faulty ie hadn’t been sewn properly and I do not want the same thing to happen once again, so my question is do you think I am within my rights to insist on a refund even if they offer to repair it?

    Thanks in advance!

  • Wayne Brook 19 November, 7:42 pm

    I just bought a leather seated bar stool. When I got it home I removed the sticky price label that had been stuck on the leather seat and some of the leather pulled off. Where do I stand when I return the item?

  • Laura 22 November, 5:55 pm

    I bought a bicycle from Sportsdirect.com and after using it once i noticed the saddle moves as I cycle, also the gears seem to jump without me changing them which makes my foot slip and so is dangerous to cycle. The chain seems to fall off for no reason and after 2 weeks has rust on it already. I phoned the bike customer helpline and was told to either take the bike back to basildon, which i cannot do as i do not have a car and the post office will not accept such a large package, or take it to Halfords to get it fixed myself, i then phoned sports direct customer service hoping they would help but got told that i need to fix it myself and all they can do is tell me how to fix it myself but as i do not know anything about bikes i am not comfortable about trying to fiz it myself. They told me i cannot take it back to get a refund, but if they are unwilling to help me and the bike has problems am i entited to get a refund?

  • Charles 23 November, 1:32 am

    I recently purchased an electric golf trolley from Pro Trolley.
    The trolley was delivered on the 1st Nov, but the wrong battery was supplied. A replacement battery was delivered on the 2nd Nov.
    On the 10th Nov, the remote developed a fault, this was replaced on the 12th Nov. I also informed the company at this time the trolley was not lasting 18 holes, the battery is suppose to be a 36 hole battery.
    On the 20th whilst using the trolley without the remote, it developed a mind of its own and became very difficult to control.
    I emailed the company informing them I am rejecting the trolley. Today I received a reply saying they want me to send some parts back so they can investigate. They have not mentioned my request for a full refund.
    Surely after 3 problems in the first 3 weeks I am entitled to reject this product?
    Please Advise

  • ben gibbons 23 November, 10:46 pm

    I have recently bought a replacement part for my car from a company, had it delivered and then fitted by a garage, unfortunately the part sent was faulty however i still have a bill from the garage for fitting and removing the part which is in the region of 300.00

    the part was sold as fully working along with a 3 month warantee and paid for with my credit card.

    Can i claim back the cost of the part and the additional costs associated with fitting from the card company if the part supplier are unwilling to accept full liability for my costs incurred?

    Thanks

  • chris 24 November, 11:56 am

    Hi there,
    I work at a camera retailer. I made a staff purchase on a £700 camera. I’ve had it for three months and noticed a fault. The manager explains that it’s illegal to do anything other than send it off for repair (which will take weeks), which obvioulsy i’m not at all happy with. I’ve mentioned i’ll look into my rights and they say there’s always something to back up the retailer. Customers do also complain that this is unacceptable with their faulty cameras, but management constantly quote Trading standards – saying store policy rules over it.

    I’m quite annoyed as if i were an ‘angry’ customer, i’d get what i want! For myself and customers; Do we have any rights at all as I cant seem to find anything ‘spelt out’, so to speak.

    Thanks

  • Dee 24 November, 8:01 pm

    I purchased for cash £339.00 a Toshiba Laptop, it is 7 months old and one of the keys has come unstuck, it was a slightly wobbly when I first purchased the laptop. Since then if I left click the bar it makes a strange springing sound and appears slightly lose.

    I am about to start working from home and need my laptop, I also need a working laptop, what should I do, and what are my rights?

    Dee ”)

  • Sophie 25 November, 4:35 pm

    Hi, I bought a designer swivel chair from a furniture shop from it’s clearance section. It was bought in store but delivered to my home a week later. I’ve just taken the packaging off to see a black mark on the material which wasn’t there at the time of purchase. I’ve tried wiping it off but it won’t come off at all. Am I entitled to a refund if they have none left as I think it was the last one? They are saying they do not refund on goods in clearance and it shouldn’t have been noticed at point of sale but this has clearly being marked in process of packaging and delivering from shop to my home. What are my rights?

  • Ann Morton 2 December, 7:59 pm

    I am contacting you about the extreme poor quality of goods from China that is flooding the market in recent years. It has become a huge problem as consumers like myself have to spend a lot of time and money not only rebuying new products, but disputing the exchange or repair of extremely poor quality goods.

    I am referring, as an example, to shoes I have been buying in the past year. I am astonished that NOT EVEN ONE of these shoes have lasted above 50 days. In fact most of them have become defective and unusable after merely 14 days. The products I bought range from £25 to £55 in price.

    The entire retail market are flooded with these extremely poor quality goods, and almost every well known store brand are selling them. It is becoming a problem. Never in my life have I experienced a problem like this before. I feel that as a consumer we are being cheated with these base quality of goods: we are in the first world, not the third world, and it really is the responsibility of trade regulators to assure this kind of bad quality is not accepted for import into this country.

    The regulations must allow consumers to not only replace or get a refund, but demand time compensation per defective goods since the problems with so many goods not lasting even a normal time frame is becoming time consuming. This year alone I have repurchased over 8 pairs of shoes, all of them breaking within weeks. It doesn’t seem to matter that I chose another store or brand to buy from, since all retail markets seem to buy from China – even expensive brand names are made in China and break prematurely as well.

    This simply cannot continue and is a real violation to our consumer rights in this country.

  • Ann Morton 2 December, 8:12 pm

    The following stores I have been shopping at have been selling simply deplorable quality shoes and other goods within the last year, that are not even acceptable within our general manufacturing standards.
    Shoes break in less than a month and are unrepairable. Clothes lose shape in a single wash, or shrink. There are so many things I wont go into details about all of it, but these kind of goods MUST be regulated:

    H&M
    Primark
    BHS
    Debenhams
    New Look
    Dorothy Perkins
    Next
    House of Fraser

    These poor quality goods I have dealt with (every single one of them contain the label Made in China) should not even be allowed to be imported to this country.

  • Natalie 3 December, 11:42 pm

    Hi,
    I bought a pushchair from asda recently the back part of the seat has broke and bends terrible. I took it back only to be told they had none in stock anymore and the manager told the sales agent that i’d have to go back to the manufacturer anyway. I also dont have the original receipt. What rights do i have and do i really have to go through all the hassle of contacting manufacturers? Please help?

  • Honoria Sasse 5 December, 10:09 pm

    i purchased a mobile phone from O2. After 8 weeks it developed a fault. I took itback to the shop and they repaired it. A few weeks later another fault appeared and I took it back to the shop and they returned it to the manufacturer. It was returned back to me, minus the battery, which I managed to aquire after another week. The fault then appeared again, so I returned it to the shop, they sent it back the manufacturer, who have sent me back a different reconditioned mobile phone. I do not want the old phone back or a “second hand” phone. What rights do I have please? Thank you

  • kat 8 December, 3:44 pm

    I purchased a fabric corner sofa from scs and it arrived about 8 weeks ago, already it is looking very tiered one part of the sofa is higher than the other so if you sit there you end up falling back with your legs in the air and the cushions including scatter cushions are very saggy and fabric is very loose, ALSO cushions are threading i have e-mailed them with my complaint and im just waiting to hear from them, but i would like to know where i stand on asking them if i can cancel my agreement with them as i know this sofa will not last me very long at all 6 months max. I have purchased the sofa on a finance deal which means i have not paid a penny on it yet (thank god) as i have a year to pay off with no interest.

  • Scott 10 December, 4:59 am

    Hi I brought a plasma tv for over £2000 but it had a fault so I had a samsung engineer come and inspect the tv and he done a report confirming a fault.
    In the end the retailer offered me a replacement tv or a full refund but as the replacement would only be the same as the tv I already had I refused and opted for the full refund.
    The problem is now that the retailer told me that for them to give me a full refund I would have to give them the box for the tv too? Well I have had the tv for 2 months and as it is a 63″ tv the box was far to big to store so I disposed of it.
    Do I have to return the tv with the box if it’s faulty? They have even told me that they may be able to take it without the box but I will be charged a 35% re stocking fee?
    Thank you
    Scott

  • Arlene 14 December, 3:29 pm

    I purchased an Obaby buggy online from Tesco Direct on the 3rd October. I received this item on the 6th October. However on the 13th November the buggy broke when my friends 9 month old baby was in it. The seat came away from the steel bar attatched to the chasis and the frame was out of alignment. This caused a great deal of stress as this is a serious safety issue. I called Tesco Direct to report this and they basically told me they cannot help me because it is over the 28 day receipt garantee. Also because it is an Obaby product they cannot deal with my complaint. I then contacted Obaby who were extremely rude on the phone and said all they were willing to do was repair the item. After much heated discussion i agreed to this. The item was uplifted and a few days later returned with a new steel bar on the chasis and the seat had been re-attatched. However it has not been repaired appropriately to be used. The pin holding the seat on isn’t securely attached and any pressure at all will result in this happening again. They have arranged a second uplift for second repair which has also failed as they wouldn’t uplift it without it being in its packaging (which i do not have). Please advise me where i stand here as Tesco and Obaby are passing the buck and both fighting their case that they are not responsible for this. All i want is a replacement product as i depend on this for my child on a daily basis. I am extremely upset and disappointed regarding this matter. Arlene.

  • Philip Ward 15 December, 4:50 pm

    I bought a second hand gearbox from a breakers who do business on line. It came with a 1 month guarantee. My local garage fitted it but on testing the car they say the gearbox is faulty and that I have to pay for their labour charge in installing it.
    The breakers have offered me my money back on the gearbox. Should they also be paying for the installation since I am out of pocket with this money because the gearbox was faulty?

  • Tim Allen 17 December, 12:12 am

    I recently purchased an item, which was costly to ship. The item was faulty and I asked for a refund. The seller has agreed a refund and has paid for the return shipping. But he wont refund the original sipping cost

  • Donna 20 December, 7:07 pm

    I bought a 42inch LCD LG tv from TG Hughes 14 months ago, it was £549 and now it’s gone off the sounds fine but there’s nothing on the screen at all. I went to the shop to ask if there’s anything they can do and they said no because it’s over a year. Is there anything I can do, surely a brand new tv shouldn’t break after just 2 years.

  • Carole Aldread 29 December, 9:41 am

    I bought an E machine laptop towards the end of November from Saveonlatops an online retailer as a christmas present which was not opened until christmas day.As soon as we tried to load software on it we encountered problems with the windows 7 software. It froze all the time when we switched it off then switched on it wouldn’t come on we eventually managed to open it in safe mode then it wouldn’t open normally. Now when we switch on nothing happens at all. We have been told by the company that we cannot send it back for replacenebt or refund because we’ve had it over 7 days and have given me E machines technical number to call. I have told them that at this time of year that 7 days is a ridiculously short amount of time. They won’t budge on this even though i have told them the laptop is not fit for purpose. I don’t think I should have the resposibility of calling the technical helpline as they cost so much and I don’t think I should have all this hassle when they could replace the laptop.

  • JAN 4 January, 2:59 pm

    Hi
    We purchased a Propane Mix Space Heater from an internet retailer in December 2010, their invoice date is the 7.12.10, and the payment went out of our credit card account on 2.12.10, when we tried to start the heater it appeared that their was a fault as were only able to light it once and that was it, in the process of nearly gasing ourselves to death trying to get it to light (no joke)!! We contacted the retailer immediately and told them of the fault, we were not happy and wanted to return the goods for a refund, the chap we spoke to was very aggresive and said we couldn’t have our money back it was repair only, he sent us an email on the 8.12.10 saying that he had contacted the manufacturer and that we were to phone their fault/help line and tell them what the problem is, but I don’t want a ‘GAS APPLIANCE’ repaired, purely on the safety aspect, I want my money back so I can buy a heater from a different supplier and manufacturer and know that I am safe when I try to light it, hopeing that a new one works that is!! PLEASE CAN YOU HELP

  • Lizzy Jones 4 January, 9:29 pm

    I purchased an item for my son’s xmas present on line in November. The item arrived, but due to circumstances I didn’t check it until the week before xmas when I found it to be faulty and damaged. I contacted the on-line store I purchased it from, who although helpful said that they had to refer it back to their supplier, as it was the supplier that sent it to me. I have now heard that the supplier will not issue a refund as I did not notify them within 7 days of receipt of the item. The online store I bought it from are saying that as their supplier won’t refund them, they can’t refund me! I believe they are breaking my statutory rights, what can I do?

  • Colin 6 January, 4:29 pm

    I have a camera that is only three months old, never used, when I tried using it for the first time i found it won’t charge, the manufacturers told me to send it to them for repair, that means i will have to pay for postage, is that fair, the camera cost a lot of money

  • M. Pritchett 7 January, 8:48 pm

    My husband purchased a top from Calvin Klein that is faulty. Although this was accepted by the shop we returned it to, they said they could not do anything about it, as it had to be returned to the Calvin Klein shop that it was purchased from. Is it a requirement of law that an item must be returned to the exact same shop even when it is part of a chain? The sales manager said it was company policy.

  • Adam 8 January, 1:26 am

    I have recently purchased a new tv from Argos online, one installed it was noted that there was a fault with the scart socket such that it cannot be removed from the tv. I called Argos immediately to rectify this problem and they admitted that it is a known fault with the product and they have had a large number of queries and complaints about this product.

    The options to move forward from Argos were to have a refund for the product or to replace the product with what they are describing as a similar product. As the tv was bought in the January sale it was at a good price and now obviously many sales have ended or products are sold out, so it is not possible for me to purchase a similar tv at the same price. This has been made clear to Argos. Therefore a refund is not really a viable option. In terms of the replacement product it is of inferior specification and it is not therefore an equivalent product. Argos have stated that their requirement is only to match the product that I purchased in terms of price. This cannot be true as they could effectively say that a far inferior product was the same price as the tv I bought resulting in me getting a worse tv. Surely they must have to replace the product with something of at least the same specification at no further cost to me? They are currently offering a £50 discount on another tv which overall is £100 more expensive than the one I’ve bought.

    If anyone can help in terms of my rights in determining what product I am entitled to demand from Argos it would be greatly appreciated as so far the tally stands at 12 emails and two and a half hours of phone calls to them and they are refusing to give me an equivalent specification tv for the money I paid.

  • Naomi 8 January, 9:59 pm

    My boyfriend bought me a dress for christmas and when wearing it it scratched and cut the inside of my arm due to sharp sequins. When he took it back to the shop he was told that there was nothing wrong with the dress, even though he had photographic evidence of the damage it caused. We believe we are entitled to a refund as it does not meet the satisfactory expectations. Can anyone help us on this one?

    Also where would we stand on getting some kind of compensation for the hassle and the pain caused. The dress ruined new years eve for me.

    Naomi

  • van 10 January, 5:12 am

    I just bought a 5.1 home theater speaker system, and after using it fo about 3 minutes, the speaker didn’t work and it smell like burnt wires. am i entitled for the immediate replacement of the product?

  • MarkG 11 January, 2:52 am

    Hi Catriona. I’m a little late to this debate :O) My issue may well be that the company I’m dealing with will not refund the cost of a faulty item I’m about to return. It’s clear from your comments that they are obliged to refund the cost once they have rightly tested the goods. If possible, can you please tell me which law I’ll need to refer the seller to should they refuse to refund my costs. I live in Spain, the company is in the UK, I understand from your comments that I’m protected by the EU umbrella – I recently returned an item to Germany and they did refund the return carriage costs.

    Thanks for your help.

  • Callsa 13 January, 2:12 pm

    I purchased a metal Wind Spinner (a bit like a holographic mobile!) from wind-spinners.net as a Christmas present. Due to the snow this was eventually delivered on 5th January – but when I opened it the item was bent out of shape to the point it would not spin (the purpose of it!). This damage was – in my opinion – due to the item only being posted in a jiffy bag. I was then away with work, and have contacted the company today (13th Jan) to be told that I am outside the “time specific window to deal with quries if goods are either damaged or lost in transit” and as such they are not prepared to give me a refund or replacement. It’s been 8 days! Can they do this or should they be giving me a refund?

  • angela stanway 15 January, 3:06 pm

    hi I could do with some advise I bought an lg lcd tv last year 29/04/2010 from cash genarator in burton on trent it was sold as a graded item as it was brand new but the stand a a few scratches I am sure the sales assistant told me it had 12months warrenty anyway it started to small at the end of december of a strong tcp smell it then started to smell of burning now I have sound but no picture I went back to the shop and was told itwas not under warrenty anymore and the manger/ower will take it to the suppliers when he goes (which could be over a month) and see if he can get it fixed buts hes not promsing anthing I then tried lg in an email they said it was still in warrenty when I rung lg explaining the sistuation he said that lg won t touch it as it was bought from cash genarator and to take it back to them it should be covered for 12months and they had this problem before help should I go to trading standards as I must have some rights I paid £449.99 for the tv so its not a little amount my parnter is recoving from cancer so I can t just go and get another one help

  • Dana 16 January, 4:21 am

    My treadmill’s factory warranty ends on 20th January 2011. Its a two year factory warranty and I’ve not had to make a claim until now. It keeps coming up withj an error and wont work. I have called the company and given my proof of purchase and have an e-mail trail to show me trying to get the issue resolved. I’m worried that as my warranty ends on the 20th of this month that I will no longer get the issue sorted without me having to pay out loads of money. My question is am I still covered within the warranty as I have made the claim before the warranty ended? It looks as though it will not be fixed before the 20th.

  • nighthawk43 17 January, 4:13 am

    Hi,
    My question is what are my rights in this situation..?? I live in Glasgow.
    I bought a pair of P.A speakers from an online dj store on 15th November 2010 who also have a shop in Southampton, now when i ordered them online the website did not say whether they were in stock or not, but i ordered them anyway. One week passes no delivery of speakers yet the money is taken from my bank account, so i phone the shop and they tell me the speakers i ordered are not in stock and need to be shipped from the manufacturers in Holland and they would be delivered in 4-6 days, another week passes and still no delivery of the speakers, so i phone the shop again and they said the manufacturer would not have them in stock until the beginning of December.
    I wait until the second week of December and still no speakers have been delivered, so i call the shop again and was told they were shipped from Holland on the 7th December, on 15th December the UK IEC power leads arrived but no speakers, so i wait another week still no speakers, so once again i phone the shop to ask if they can contact the manufacturer in Holland and get me the tracking number of the speakers so i can track them online to see what stage of the delivery process they were at.
    I was told to call back the next day and they would have the tracking number, so i called next day and was given the tracking number, which when i entered on DPD site came up with no results. It’s now 22nd December and i remember the invoice that came with the power leads, so i look for any contacts on the manufacturers invoice and find the UK accounts managers email address, so i emailed her asking if the tracking number i was given by the shop was correct….she replied and told me that the tracking number the shop gave me was in fact NOT the tracking number, so she kindly gave me the correct tracking number and when entered on the DPD website i find they are in the Glasgow depot, now i knew the couriers were backlogged because of the severe weather….so i picked the speakers up on 23rd December, got them home and tested them for about 30 minutes and they seemed fine.
    So i’m asked to dj at a new years eve party, and about 2 hours of playing one of the speakers the sound starts to distort, so i swap all my cables around to outrule a faulty cable….and for those who know about speakers the speakers are active, meaning they have built in amplifiers.
    Now i check both speakers and the volume on both are at the same level and there are no red clip lights flashing on either speaker (clip lights are warning lights to tell you the speaker is being run too hard). So next day i test the speaker that the sound was distorting and the sound was ok, just like the other speaker….then after about 2 hours of playing music the sound started to distort again…..so i ask on pro audio forums and i’m told the pre-amp on the speaker is faulty.
    So i phone the shop on the 4th January 2011 to report the faulty speaker and i’m finding that they are giving me the runaround….first they tell me they don’t know whether the speaker should be sent to them or the manufacturer for testing, but they say if found faulty i will get a replacement, so i called the shop a couple of days later Friday 7th January and was told they were waiting to hear from the manufacturer to confirm whether the speaker should be sent to the shop or back to the manufacturer in Holland.
    I wait another week and yet again i have to call the shop to ask what the hell is going on, they tell me the manufacturer has been in contact with the shop and that the manufacturer would call me to arrange for the speaker to be picked up by the courier….but still not heard from the manufacturer and i emailed the manufacturer last week just to make sure the shop wasn’t giving me the runaround.

    sorry for the long post i just wanted to give you the full nightmare experience i’m having with this shop from first purchasing the speakers to reporting the faulty speaker.
    3 things that are leaving a very bad taste in my mouth.

    1).Now from my past experiences with ordering dj equipment online….if the shop does not have the item in stock, should the shop not have to contact you to say they do not have the item in stock and ask if you want to wait until they have it in stock before they process the order and deduct the money from your bank account..??
    2). The communication and customer service from this shop is a shambles….giving me a nonexistent tracking number. and me always having to call them to find out what is going on.
    3). Giving me the runaround on who should deal with the faulty speaker the shop or the manufacturer. Surely the contract is between me and the shop, not me and the manufacturer, as it was the shop i payed my hard earned cash to.

    As i said before sorry for the long post, but any help or advice is greatly appreciated

  • JUSTINE 17 January, 3:20 pm

    I bought an Armarni a couple of weeks ago i wore it a couple of times then i noticed a smudge on the small hand. I called the shop where i bought it from and they want to send it to be repaired but i would like a straight swap of new watch – same make & model. They have said i have worn it and therefore don’t qualify as they cannot sell it on!! They can’t anyway as it is marked. Could anyone give me some advice please?

  • David Robson 17 January, 9:49 pm

    I bought a t-shirt from ark which upon washing at the 30 degree temperature that it states on the label, the pattern on the front came off. I took it back but they said that I must have washed it over 30 degrees and that if there was a fault then they would have ad thousands of complaints. They sent it away for “testing” but say there is nothing wrong with it (clearly wrong as there is no pattern on the front) was wondering what people would suggest

  • glt 18 January, 4:12 pm

    Hi I am trying to return an expensive 3DTV which was within 28 days (had it for 20 days when tried to return) due to shocking quality problems ranging from bad clouding and light banding to assembly fingerprints behind the screen.

    I wanted a refund on this to buy a different model as this TV is not fit for purpose (you can’t watch movies or 3D on it for example without seeing bad patches of light white overlaid in the centre of the screen) and on dark movies/scenes the brightness fluctuates.

    I’ve been more than patient with the online retailer, who first told me to contact the maker under warranty (even though I made it clear the TV was poor quality and may not have a strict ‘fault’ that was fixable by the maker, other than cleaning up the inside of the glass which is the least of the problems). Eventually with my persistence they relented to agreeing to refund if I delivered it back to them (150 miles away), this was a very vague email agreement.

    When pressed further I was told by the manager (via email) that they would refund if they found fault with it under their own ‘workshop conditions’ which to me is code for ‘we reserve the right to tell you what is or is not acceptable for the £1500 you paid only a few weeks earlier).

    The risk is I am being forced to pay for collection from them (or courier) as it is, if they ‘pretend’ it’s OK (by their standards) they could then force me to pay for delivery again, all the while I simply DO NOT want that model of TV as it is sub par and poor performing, NOT what I expected from the advertising for the TV and the price paid.

    I’ve given photos of the quality issues and explained in various ways why it’s difficult for me to get the TV back to them without ME knowing if it’s damaged in transit or if I could even prove it wasn’t me who damaged it if was returned that way.

    Basically this TV i’ve had a couple of weeks, found it was very bad quality for it’s prime purpose (Movies and 3D) due to patchy backlighting and severe banding which forms a H pattern of light in light scenes, clouds in dark scenes. Totally not what I would want for £1500, I feel I shouldn’t even have to explain time and again WHY the faults/flaws bother me so much especially as we’ve had the TV such a short time.

    I’ve tried contacting consumer rights via email with no reply yet. I am persistent and have told them I won’t drop the matter, I think they are trying to wear me down to the point where I say ‘fair enough I’ll put up with the bad quality’.

    I’m certain, based on other’s comments on forums, that It shouldn’t be this hard to get a refund on an obviously bad TV with photo (and even video) proof, and that the company are trying their hardest to get out of their responsibility to serve the customer as expected by law.

    Any advice is very much appreciated, this is a once every 5+ years purchase and obviously not a laughing matter (and no fault of my own, it’s all the maker’s fault for poor quality as found in forum threads for this TV after I searched for the problem).

    Thanks

  • glt 18 January, 4:26 pm

    I forgot to say I bought the TV online , unseen from a supposedly reputable retailer 150 miles away. I used the BNPL 12 months finance via V12 and have so far only paid 10% deposit + admin fees. I still owe over £1200 to be settled within 12 months which I fully intended to pay no problem. Not sure how this affects things if at all.

    Thanks

  • Mathew Jones 24 January, 6:24 pm

    I purchased a wardrobe and suite from Harveys in September, delivered in Oct and when I went to put it up over xmas I discovered that there was a drawer missing and the gloss black door had cracks in them. When I contacted Harveys they stated that we only had a 3 day window to report any faults etc. I wrote to them and they stated that they weren’t going to do anything about it. I can’t purchase the door or drawer seperately, what can I do?

  • Ricky 25 January, 1:38 am

    Bought a 50″ Samsung 3D plasma tv (Model ps50c680) from Comet on the 2nd January 2011. I got it with the 3D Blu ray player package for just under £1000. I had to return the blu ray player to the store as it was faulty and wasn’t playing dvds correctly. Comet exchanged it for me without any problems. I have a new problem now, with the TV this time. I noticed tonight that there was a pixel out and on closer inspection there are 3 pixels out which after only 3 weeks I think is pretty poor quality. I’m going to be returning this asap and requesting a full refund as I don’t really see the point in getting another for it to do the same thing in another few weeks time. I just really want to know if I can ask for a refund given the fact that I’m still within my 28 days and the item is faulty. Thank you for your time, and my advice to anyone would be to avoid all samsung products!!!

    • Charles Dickens 25 January, 9:03 am

      Ricky,

      Bad news I am afraid. Due to the complicated processes involved in the manufacture of these televisions, it is almost inevitable that there will be a degree of faulty pixels. With that in mind manufacturers have an “acceptable fault tolerance level” and, as annoying as it is, three pixels are not considered to be a fault or problem.

      This problem can affect *all* TFT screens not just Samsung products.

      The only glimmer of hope is, if the faulty pixels are in a glaringly obvious place (ie the middle of the screen) and really stand out, you could argue that it is spoiling your viewing pleasure – however, I don’t rate your chances here.

      The one thing that does puzzle me, is that you say you have a “plasma” TV. This sort of television works using a gas in the screen, unlike LCD televisions that use Thin-Film Transistor (TFT) technology. It is only TFT technology that genuinely uses pixels, therefore, can suffer from the problem you have described.

      Whatever the case maybe, good luck with getting a refund from Comet – I speak from experience.

      • Ricky 1 February, 2:55 pm

        Just wanted to update here, contacted comet who sent out an engineer within 48hrs. He “Code Blued” it as it was still in the 1st 28 days. He told me that it would be up to me if I wanted to exchange it or get a refund!! I went into my local branch who obviously offered me a new unit (to avoid refunding me) they even offered to deliver it and take away the faulty one!! Anyway it came yesterday and its working fine. There is one pixel acting odd at the very top left of the screen but its not noticable. Hopefully this one will work fine. I’m not sure as to why but the picture off the new one looks much better than the old. I noticed it was manufactured Jan 2011 so I’m wondering if samsung have been having problems with the TV and have changed somthing. Anyway I’d like to thank Comet for not giving me any problems here at all.

  • Tommo 26 January, 2:11 pm

    I bought a Dualit food processor from John Lewis at the end of January 2010. It was £225 and had a 3 year parts and 10 year motor guarantee. Last week the blade attachment mechanism seized, causing a part of the bowl to break off. The blade was then also stuck in the machine and could not be removed. John Lewis initially said they would have to get it repaired, but I insisted on a replacement or refund as this was within one year. Eventually they gave me my money back (they did not have a suitable replacement in stock) but was I within my rights to refuse a repair?

  • DeeRichards 28 January, 12:32 pm

    My i Phone purchased from Orange last July 2010 hasn’t beenw working properly since Nov 2010 , I cannot hear the callers if I dial a call or receive a call. I cannot hear voice messages either

    I still have had no joy have been charged on my Orange contract for the full contract including 600 minutes calltime even though they are aware I have not been able to receive the calls. They also charged for calls I had and tried in Spain where I couldn’t hear or they hear me.
    The i phone is faulty, they say they have to go through diagnostics first which we tried until we got to a sim card stage I now have to go to a Orange shop because the Sim adapter was NOT included in my box for some reason even tho the helpdesk said it should have been. Is this right? it has been since November I havent been able to receive calls or make them including to and from Orange!!!!

    HELPPP! I am exausted with emails and complaining with no joy

  • jones t 28 January, 1:10 pm

    I purchased these triple lilac bunk-beds with mattress in April the 20Th 2010.
    > My daughter only weighs 4 stone so im sure this isn’t her weight that has caused these beds to collapse the way they have i am highly disappointed in this product.I always shop at Argos and i have never had a issue of any sort until now these beds where also delivered so this should be on file.my reference order number-86452370-01.
    > I would like this to be sorted as quick and easy as possible because my daughter is disabled and needs a bed so cant be doing without a bed.the bed has broken on one of the main bars it looked like i was not welded correctly.and so with this bar not being in tacked the bed does not hold it collapses all the bars under ‘neath and does not hold the mattress like it should i hope to have this solved thank you and look forward to hearing from you.this is the email i sent them and yet still no help from themi have had various emails and no help they really dont seem to be giving a+standard of customer service

  • Suzanne Delaney 28 January, 3:59 pm

    I had a front door fitted 11 months ago and have had numerous problems with it, the company has come out a number of times changing various parts including a complete new frame. The issues are still there and also the door has minor damage from the repairs, plus there is unsightly silicone where they have tried to fill gaps. The door often sticks and at times we can actually not close or lock the door. We have emailed them a week ago asking if we can discuss a refund but have had not response, we have emailed and phoned again today. Are we entitled to a refund after so many failed attempts to resolve the issue. Also how do we go about getting the refund to pay for another door without being without a door!! Thank you

  • wade 28 January, 4:40 pm

    brought a bike from halfords 4 my daughter for x-mas the peddle fell of on her 3rd ride on the bike now my daughter won;t ride the bike but halford are refusing to refund the money even that they have admitted its a fault and they safey check before releasing the bike

  • LauraMcGee 29 January, 5:58 am

    Hi there, I took out a phone on contract (24months) at the begining on June 2010. I took the phone back to the shop where I took out the contract (Phones4U) on December 17th 2010 and it was sent off for repair.
    It eventually came back 33 days later (I was told it would take up to 28 days which I think is by “reasonable time” is being generous, I’ve had phones break before on regular occurences and were back every time within 4 days). I’ve had it back just on a week and the fault it still present. Not charging correctly. This is what happened last time, eventually resulting in it not charging at all, which hasn’t happened yet, but it is still faulty, regardless (I can’t use the phone whilst it is charging as it doesn’t connect properly).
    As I’ve already waited a reasonable time for it to be fixed, and it has been “fixed” and come back still faulty, am I now entitled to a new phone.

    I’ve had trouble with my network provider as well, saying they would refund a months bill, then saying they wouldn’t, in the end they they said they would as they had e-mailed me saying so and as I had it in black and white they had to honour it, then they didn’t and instead credited it to my next months bill (which isn’t what they told me they would do), sent a direct debit to my account which bounced, therefore incuring charges, but after numberous phone calls they finally sorted it and said they would credit me any charges I incured from my bank.

    I work nights so trying to fit in all the phone calls to 0845 numbers is practically impossible as I have to visit a friend to make the call off their landline.

    Sorry for the length of this, it just seems like one problem after another.

    Laura

  • Carly 30 January, 7:33 pm

    Hi, i got giving a bag for Christmas, within 2 weeks the zip has came off and the bag has started coming away on the zip area.
    I do not have proof of purchase as the bag was a gift and was bought by card so therefore cannot be found on a bank statement.
    I was just wondering what my rights are to return the bag and ask for an exchange.

  • Carly 30 January, 7:35 pm

    Sorry I meant bought with cash

  • Duncan 3 February, 2:30 pm

    Have purchased a motherboard for a computer online and now all motherboards for that processor across all brands have been declared as faulty by Intel who supplied the chip that turned out to be faulty.

    The motherboard manufacturer is arranging a swap out program that will occur in a couple of months time when functional motherboards have been produced, though at this point in time it is unknown whether there will be a significant delay between sending out the current motherboard and receiving the replacement.

    The distance selling regulations say that if a product develops a fault within the first 6 months the product can be sent back to the retailer for a refund.

    What I would like to check is does that mean when functional motherboards are on sale in 2 months I could purchase one of those and then send the faulty one back to my supplier.

  • samantha 6 February, 3:02 am

    Hi.
    I have brought a wii fit from Tesco 3 days ago.
    The wii balance board will not work some times. I took it to Tesco for a refund and the manager tested it and couldnt find nothing wrong with it. So refused to refund me… when I was at home only some times it worked can he refuse me a refund ?? I even asked for a new one and he refused me that as-well .. I was gobsmacked please help any one

  • KP 8 February, 1:20 pm

    Dear Sir/ Madam,

    I bought my phone case cover from a private buyer from the high street market (i.e. not a shop)(For £6.0 GBP). After only two days of its use Plastic cover is started breaking and the leather attached to the plastic cover is started to peeling off by itself and now detaching from it.

    Can I really go that private buyer and ask him to give me the refund or exchange for the poor quality item?
    Do I have a right to challenge him legally if he denies for any exchange or refund?

    Above all I do not have any receipt or proof showing that I bought that phone case cover from him.

    I know it is not an expensive item but still if they are providing such a poor quality material to customer then they should be stopped from doing such a business.
    One more concern is that I can only find him at that place on Sundays only.
    Any reply will be welcome and considered. So, thank you very much in advance and looking for some good suggestions.

    Regards,

    KP

  • Soraya Marr 9 February, 6:55 pm

    I purchased an HP printer 13 months ago. It has now broken, but as the warranty has expired by a month, neither Comet or HP will do anything about it. I feel the printer should last longer than a year, but nobody I speak to will acknowledge this. The information on this website seems to indicate that I still have some rights, but how do I implement them?

    In the shop, they simply say it’s not their responsibility. What do I say to them to make them take me seriously? Who do I contact? I’m confused. If I do have some rights in this situation, then why do I still feel as if I’m at the mercy of the seller and manufacturer?

    Any advice offered would be gratefully received.

  • Alison 11 February, 11:41 pm

    I bought a nokia slide phone at xmas. It now doesn’t work..just won’t turn on. I don’t want it anymore as I feel it should last longer than 6 weeks before something went wrong. Shop is insisiting they will repair it. Thought under the SOG act that an object had to be fit for purpose.

  • David 13 February, 4:35 pm

    I bought a Toshiba flat screen 10 months ago and it has developed a sound problem in which it cuts out then comes back, or goes completly or goes but a high pitch noise comes back. The only way to return the tv to normal is to switch it of at the mains as when this happens the controls on the remote and tv no longer respond. The problem is i have spent the last month hunting for the receipt and guarantee but can not find it. It was bought on credit card at Sainsburys but i know we also bought some other shopping at the same time. How do i stand on getting it repaired, replaced or money back?

  • Mrs Kennedy 13 February, 11:04 pm

    I have 2 queries both with Argos.
    A Sony digital camera purchased there was returned within the guarantee to be repaired.A few months later the same fault reoccured,but the guarantee had expired.I returned it,as the camera was only about 18months old and it was the same fault again.But Argos said their repair company would not repair it without charging me.I pointed out that it was not fulfilling its purpose,but was told I would have to get someone to examine the camera and confirm it was a fault and not mistreatment (even though they know the fault had previously occured!).I don’t even know who to go to and am disabled and don’t need the hassle.

    Also an electric blanket I purchased online has stopped working.It is less than 2yrs old,so outside guarantee but inside the manufacturer’s warranty.I have contacted Argos who say I should contact the manufacturer directly.Surely my contract is with Argos and they should return it for repair and as I have been emailing them for weeks now and they kept saying they couldn’t trace my purchase-it is now a couple of days outside the warranty,which I warned them would happen and they originally said it would be ok as I had initially contacted them before it expired.Will a manufacturer accept this I wonder.

  • brenda 14 February, 10:40 pm

    hi! i jus bought a buggy from kiddicare on 17/2/11… few weeks later on 7/2/11 when im out shopping wif my babies, the second seat snapped down while my 18 months old son sitting on it… luckily my newbron was ok she is sleeping at the seat below.. n they bring bek the buggy to the manufacturer to do inspection… am i have the right to ask them to give me a full refund as i jus bought it two weeks ago issit still under 28 days refund/exchange policy? i dun wan to repair cuz i have loss confidence in tis buggy n it so unsafe for my baby.. i have no confidence to put my babies bek to sit on this buggy… i jus scared it will snapped down again after the repair n hurting my babies.. can somebody pls give me an answer pls???? thanks

  • brenda 14 February, 10:43 pm

    sorry the buggy was bought on 17/1/11

  • Irfan 14 February, 11:20 pm

    I am a private seller on Ebay and have been selling computer goods fine for a few months with the odd small problem which has always been resolved.
    However recently I have had two separate instances back to back where buyers are insisting the item is faulty and demanding a large repair bill or a full refund.

    Now I personally tested one of these items and there was no such faults. And the other is a brand new item and I did state that warranty is to be taken up with the Manufacturer. And on the other I did say no returns as item is pre-tested as part of the conditions of sale.

    So where does a seller my self stand on such situations and how can I protect or stand up against buyers who could be trying it on. Especially since Ebay seem to simply insist the buyer returns the item and I refund them, no matter what.
    Also do my stating such things as ‘warranty with manufacturer’ or ‘no returns accepted’ ever mean anything.

    Thanks.

  • jhon 16 February, 7:47 pm

    i brought a pair of shoes from river island about two months ago but have only worn them a couple of weeks ago and only a few hours a day and about 4 days a week over that time the leather on one shoe has started to crack on multiple places of the shoe and has now ripped but the other shoe has not and how i would expect it,i have taken it back to river island where the manager as very adamant that there was nothing they could do and to phone head office, i then phoned head office only for them to tell me i have to go back to the store and see whether they will offer me a exchange/refund,

    any advice offered would be grately appreciated.

  • Matt 19 February, 2:35 pm

    I was bought a set of hair clippers from Argos as a Christmas present. There was a problem with the battery and it didn’t hold its charge. Being the type of product it is it took three or four months for me to get as many uses out of the product and realise there was an ongoing fault with it. I took it back and they happliy exchanged it for me, even noting that they’d had a few back for different reasons and offering to change it for a differnt model if I wanted. I stuck with the same model hoping that it was just a problem with that particular one I had.

    However, nine months later I’ve begun to experience exactly the same problem with the replacement. Knowing that Argos have a 1 year guarantee on their products AND taking into account the helpful response I had last time I decided to take it back rather than sending it to the manufacturer. Unfortunately this time the person nehind the counder was less than helpful, telling me that strictly the year guarnatee begins from the original purchase date and not from when I got the replacement. I did argue that this couldn’t be right as strictly speaking I hadn’t had that partcular item for a year and eventually she went and spoke to someone and agreed to exchange it. I asked if I could excahnge for a differnet model as it was the second one with the same fault but she refused. I also asked that if I have the same fault imediately with this replacement what should I do and was told to take it up with the manufacturer as tis was the last replacement they would give me. To make things worse she did not give me a replacement of the whole set but just the part that was faulty, and when I got home I realised she hadn;t given me a new receipt for the second replacement but had just written ‘replaced’ on the receipt for the original replacement.

    Where do I stand on replacements/refunds of a replacement? Was she right in saying that the guarantee date would still stand as from the orignal purchase? Basically if this replacement has the same fault (as I suspect it will) then I’m stuck with an item I can’t use.

  • michael 22 February, 9:30 pm

    My wife purchased an xbox on 24/12/10, less than 2 months later it has scratched 3 perfect circles in a few of my games. She bought it from Argos, when she tried to return it for an exchange she was told that she will have to get in touch with microsoft themselves.
    I have since enquired at microsoft and they say this is not covered under their warranty. Am i able to request an exchange with Argos or am i stuck with a defective games console?

    • suz 18 March, 11:11 pm

      Hi Michael
      As long as you have proof of purchase Argos have to offer a repair on the x box.

  • Tracey 24 February, 6:41 pm

    I bought a pair of yoga leggings just before christmas, but they were in the sale and reduced to half price (from £50 down to £24)

    I have since worn them approximately 6 times. While in yoga the other night the tights like fabric got a ladder that ran up my bottom while in a posture, now they are quite thick so nothing was exposed, and I can’t see any problems with the stitching so I think it is just a fault in the making of this pair. I have contacted the supplier and they have said I can return them for a refund of the £24, however I still need a pair of leggings, am I being unreasonable by expecting a replacement pair instead?

    The style I have is sold out but I feel I should be given a like for like replacement, but I wanted to check whether this was a reasonable request.

    Any advice you can give me would be gratefully received,
    many thanks

  • Ray 27 February, 4:00 pm

    Hi, I purchased a LG home cinema which became faulty after 6 months, LG repaired it no problem (so I thought), now 6 1/2 months later exactly the same fault has occured, 1 year 14 days after purchase date, my question is, will I still be covered by the warranty ? as the original fault has not been rectified, & if so would I be within my rights to ask for a replacement, as I now have no confidence with my current system, the fault is such that I cannot use the system as it loses all power, just wanted to know before I contact them again, Thanks in advance. Ray

  • Dominique 27 February, 7:50 pm

    Hi
    September 2010 i brought a blackberry from an o2 shop
    January 2011 i had to return it ot the shop for a repair. This was an inconveniance as i had no other phone to use for seven days and they did not offer me an alternative.
    I recieved the phone back a week later and on the same day had to return to the shop as it the same fault.
    Another seven days of inconveniance. This time however they sent me what i believed was a new phone but is infact refurbished.
    This phone eneded up showing faults the 2nd day into use howeve i did not take it back.
    Now i am on my second week of usuage with this phone and am taking it back however i do not know my rights?
    Can i ask for a replacement straight away as this is the third time im having to return my phone?
    What other rights do i have?
    Please help

  • mandy 28 February, 11:30 pm

    Hi!
    I recently purchased and external hard drive from Amazon.com (in the U.S. And they were the actual sellers) to use as back up for a short movie that is being shot. After 1 day of use, it started making a funny noise and the computer wouldn’t recognize it. I’m not sure what happened to it – since it sat all day on an editing room, with people coming and going all the time.
    I did the return process online, got my label and sent the drive back. It was within the first 7 days.

    My question is, how are is the process once the item arrives to amazon? It has no apparent damage or anything, it looks brand new, just like it came from them. Should I get my refund back with no problems? Or will it take a while because they need to figure out what’s happening with it?
    Since I was not there supervising the machine, I’m afraid something happened to it and -m not aware of it – which would cause amazon to have a problem with it.

    Thanks!
    Mandy

  • Mandy 1 March, 12:08 am

    Hi!
    I recently purchased and external hard drive from Amazon.com (in the U.S. And they were the actual sellers) to use as back up for a short movie that is being shot. After 1 day of use, it started making a funny noise and the computer wouldn’t recognize it. I’m not sure what happened to it – since it sat all day on an editing room, with people coming and going all the time.
    I did the return process online, got my label and sent the drive back. It was within the first 7 days.

    My question is, how are is the process once the item arrives to amazon? It has no apparent damage or anything, it looks brand new, just like it came from them. Should I get my refund back with no problems? Or will it take a while because they need to figure out what’s happening with it (tests, etc)? Since I was not there supervising the machine, I’m afraid something happened to it and -m not aware of it – which would cause amazon to have a problem with it.

    Thanks!
    Mandy

  • John Davies 2 March, 1:09 pm

    HI slightly more complicated one, I purchased a caravan in feb 2009, Fitted inside is a microwave, which is now exactly two years old. Although its two years old its stopped working however use wise its probably only been used a dozen times,
    The question, due I have any redress over durability as although its 2 in age its use is very nominal.

    The supplier of the van are stating no way,

    Hope you can help.

    John

  • Rebekah 2 March, 1:17 pm

    My mum and dad bought a 2 leather recliner seatees from argos last may 2010 that cost them over £700. A couple of days a go one of the seats would not recline and argos sent out someone to look at it. They are now telling us that they wont fix it as it is NOT a manufactuers fault. Im sorry but there is four of us in our family no kids junpimg on the seatee we have not broke this seatee!! It has made me really angry that they expect us to pay for it. It is under a year old and for the price they paid not fit for purpose or of a satisfactory quality please can you help us!!

  • lorna 10 March, 9:54 pm

    i bought a helnleys winter coat from berties on 16/8/10 although as it was a winter coat i didnt start wearing it until at least 2 months later. on the 1st time i wore it a button fell off but i jus sewed it back on. a while later the stitching inside the pocket came away bu i ignored it because it wasnt visible. but then by february the stitching where the left sleeve is joined on came away. i returned it on the 22/2/11. it has been sent away to henleys for inspection. am i still intitled to a cash refund, with it being just over 6 months, as i think berties are gonna offer me a credit note which i do not want? surely a winter coat should at least last the whole winter? especially as i paid £75 for it?

  • Chelsea 11 March, 9:37 pm

    I bought a DVD recorder from Comet in 2009. Last month it stopped working properly and so I took it to Comet and they said they would check it for faults. They have since said that they cannot repair it and have offered an equivalent replacement or my money back in the form of vouchers for their store. They have also cancelled my 5 year warranty without my permission with them for which I paid £70. Am I entitled to my warranty money back as they decided the product was uneconomical to repair and was not through fault of mine and also am I entitled to a full cash refund and not vouchers as I do not want to shop with them again?

  • Panktie 18 March, 12:59 pm

    I bought a piece of party gown from the reputed garment shop from sale.. In that garment the glitters are disappearing day by day and I havent wore it yet..
    In the bill it is specifically metioned that ‘once you buy goods, you can exchange it next’. I went for the exchange but the shop are arguing that it is altered and made it of your size so we cant change..
    But actually, it is not at all altered and now he is neither giving me an exchange or refund..
    Please tell me what shall i do ??

  • Raj 29 March, 8:38 am

    I purchased a HP Pavilion from a local computer shop. Next day it was playing up, so i took it to a professional who disk scanned it and told me that the Hard Drive was faulty and that it would cost too much to repair. He also suggested that i get my money back. ( there are other faults too) I asked my college IT tutor to accompany me in returning the laptop. The shop owner did not check the laptop after we told him the faults, nor did he offer to fix them and he also refused to give me a refund. He told us to leave his shop as there was nothing he was going to do. I was given a 1 month warranty. Can anyone help?
    Purchased 23/03/11

  • Jonathan 30 March, 9:13 pm

    I bought an office chair recently. Basically:

    About 2 months ago I bought the good
    Two weeks after purchase it was faulty
    The retailer accepted liability and sent me the part
    The part sent was also faulty
    We agreed on a full refund but I need to package everything I received

    My problem is that I cannot find a big enough box (the chair, even when taken apart is of a really awkward size) and the only boxes big enough come in packs that cost about £50. The seller told me that his delivery men cannot accept the good if it is not in a box (specifically a box).
    Can you please help? I cannot seem to find a relevant statutory provision for this case and I don’t know if he can demand that the good be placed specifically in a box.

  • Elaine 6 April, 9:17 pm

    Hello,
    i am the sales person in the footwear store. There was the situation when the custumer brought back the pair of heel shoes ,the heels were broken so badly,actually both shoes were nearly broken in a half ! I have never seen broken shoes like this before ! She said that she fell when she was on some kind of party. She didn’t gave any proof of purchase of them ,also she said that she was wearing them twice ( why should i believe it ) and her friend nearly blamed me for her fell !
    I gave her the credit note for the same amount ,she was very unhappy with that .Her friend was very rude to me aswell. After they left i checked the records of all the items what was sold in last 3 months .The record of theese shoes showed that they were sold around 56 working days ago. The manager said that i should’t gave her any credit notes ,and that the credit note will be canceled . Who is right in such a situation the custumer or the retailer ? thank you.

  • Claire 15 April, 2:33 pm

    Hi,

    I purchased some bedroom furniture from a company last August. It was delivered in December. Within two weeks of recieving the order, the wardrobe door developed a large 5″ crack in the wood. At this point the company offered to exchange the item. While I was waiting for this exchange to be processed, more problems developed with the furniture. It is painted white wood and a number of yellow wood marks started to show through the paint. Again I contacted the company they said that this was an old fault they thought had been eradictaed and would collect all of the items and refund them. I explained that as this furniture had been bought a number of months previously that I did not have the original packaging. In reponse to this, I was informed that this would not be a problem and the courier company would bring dust sheets to protect the items in transit. When the items were collected there were no dust sheets and the driver hastily threw them into his van. He refused to offer a signiture on collected to testify for the condition of the goods. I therefore called the company and told them my concerns and they assured me that this did not matter and would not affect my refund (this note was added to my file on their computer system.) However, on recieving the goods back to the warehouse the company are now claiming that there is considerable damage to the furniture and that a refund will not be given for all items. I have now been informed that it should have been packaged in the original packaging and if this was not possible I should have bought suitable packaging to return the goods (it is fully assembled furniture not flat packed.) At the time of return I was told it was fine to take unpackaged.

    Please could you advice me of my position and any consumer right I could add to my complaint letter.
    Many thanks

  • Alan 26 April, 8:56 am

    I purchased a car in October 2009 for £32000. After 4 months it was off the road with a diesel injector fault. This was repaired by the dealer in April 2010. The car is now off the road with the same fault again and I have lost all confidence in the vehicle given the recurrence of a previous fault as I do a lot of mileage and need a reliable car.
    I threatened to reject the car under the sale of goods act when the fault initially appeared, but as I accepted a repair previously do I have to accept another or can I reject the vehicle now that the fault has recurred?

  • Keeley 27 April, 5:38 pm

    I bought some flip flops from Debenhams 12 days ago. I have worn them most of those days, mainly indoors and the fabric under foot is showing tears. They look like they are at least a year old. I expect this from cheap £5 flip flops but not good brand designer ones that I paid £26 for. Would I entitled a refund or exchange for something different?

  • Jo Pritchard 29 April, 4:32 pm

    HI, I brought a kindle from currys at christmas and the screen has now broken. I can’t find any information on their website about faulty items. I can’t find the reciept but do have a bank statement for my proof of purchase. Is this item something that they should replace?

  • Robert Morley 5 May, 3:30 pm

    Lidl – Purchased (26/02/11) a wooden table item: 05252 (on receipt) or art.: Landmann-Peiga 257714/DT/06 (on leaflet with table) the screws from leg bracket to table top barely project into the top and glue failed the first yime that I attempted to erect the table for the first time a couple of days ago – i.e a faulty workmanship and/or materials and clearly not fit for purpose. Lidl’s Carrickfergus branch (Northern Ireland) today refused to refund and redirected me to their customer services (although they provided no service to me) so I have emailed them that unless I receive the £19.99 cost within 7 days (i.e by 12 May 2011), without further communications I will proceed to small claims court and they will also be responsuible for all additional costs, fees etc. I also pionted out that they are in breach of the law by refusing to make amends – i.e. issuing a refund – I am also advising Trading Standards (TS) of this breach as I am aware that the more people complain to TS the more likely that TS will act in the future. Anything else that I can do apart from not spend my money with them any more?!

  • Denise 6 May, 10:16 pm

    Hi

    I bought a Sat Nav 2 weeks before xmas, i have only used it on about 4 occasions and it as now cease to work! I took it back to the Supermarket were I urchased it from and they would not give me a refund or replacement, informed me that they would have it repaired and could oly offer refund/replacement if it would not repair. As I will be away shortly and the repair can take up to 10 working days I will not have the use of Sat Nav for this long trip! I feel that this not satisfactory with the equipment only being 5months old and faulty. Please can you advise? Thanks

  • PAUL 11 May, 1:01 pm

    Any views on my latest problem,have a Ford Galaxy that is 4 years old next month.Got it from main dealer it has full dealer history and has been a bit of a pain throughout the years. It now needs a New bottom end as the Big end has gone this also done the crank in due to the oil return pipe in the sump coming loose. Been in touch with dealer and awaiting answer would like to hear anyones views

  • tanisha 11 May, 1:24 pm

    hi i had been sending numerous emails calls reguarding my purchase of a cellphone E71. i had sent it in since it was heating up. it had been well over 21 days with no feedback from Game gateway reguardind my phone, so i decided to call them. gateway game had then sent it to the supplier Cellc who had notified them that the phone was going to be replaced with a new one, since im sure there was a defect in the product. i had told them of my experience of the phone and didnt want the same phone since its not the mutual feeling i can have with the product, and im sure that you would also not want to be in the position of having to take the same type phone knowing the experience i had encountered it was within 3months that i had sent in the phone .please help me in this reguard

  • Jeff D 11 May, 1:31 pm

    On the 30th April I bought an integrated fridge freezer from Comet. It was delivered on the 6th May and fitted by their own fitters. I followed their instructions for start up which revealed a few hours later that the fridge unit was achieving the correct temperature but the freezer was not working. The alarm light has been showing ever since. I have had to leave the unit on in order to use the fridge. I rang the helpline on the 9th May (not open) and on the 10th a telephone diagnosis advised that I scrub the door seal, turn thermostat to maximum and hope it works. It made no difference. Further telephone advice on the 10th said it was the PCB and an engineer would call on the 24th May. Parts availability is a problem. I will have been without a freezer for a period and no positive diagnosis will be made until the 24th. I feel that faulty goods were delivered, have never worked and therefore give me the right to reject them or receive a replacement rather than repair. Delaying the process to the 24th seems unreasonable. Am I right?

  • saym 12 May, 1:46 pm

    I purchased a wardrobe from ebay, not a private seller, i think the person runs an online company.

    The wardrobe was described as new, once i received it from the couriers it was damaged.

    I had signed the piece of paper, which i thought was acceptance, i hadn’t realised it said that i was signing to say that i had inspected the goods and they were in good condition, ie not damaged etc.

    i had to leave the house so could not open box straight away, came home later that afternoon to find that pieces of my wardrobe are damaged.

    As the seller used a separate courier service, they are saying I accepted the goods and declared they were in good condition thus they are not liable for the damages.

    Now i have been left with damaged goods.

    what can i do? please help.

    The seller is saying that she will contribute towards the cost of damages if i can find a carpenter or someone who is able to fix it. I paid for a brand new wardrobe and not a damaged one i dont want to have to deal with mending a wardrobe as I paid a substantial amount money for it. What can be done?

    Please help.

    Saym

  • Johnny Bekken 14 May, 7:24 pm

    I recently purchased a lamp from Argos, approx. 10 days ago. However found out that I did not need it, as it was not the correct lamp that I needed, so I went to return the lamp, which cost £34.99.

    I had my original purhcase reciept, and the package had never been opened. When they was making the refund they asked me for a £5 voucher, which allegedely had been attached to the reciept, I was not aware of this voucher, and looked around in my wallet, but could not find it, so I told them I did not have it. They then told me that they would deduct this £5 from my refund amount, so they would only refund me £29.99!
    I got upset with them, and told them they was obligied by law to refund me the full amount I had paid for the lamp. (The reciept also had another purchase of approx. £19 which I did not return)

    I requested to speak to the store manager/supervisior, which I eventually did in the end, however he also refused me the full refund unless I could give them back the voucher of £5.
    Fact is that I don’t even know if they gave me the voucher the first time, as the reciept was torn just above the voucher. I know I had never used any £5 voucher from Argos, as these normally end in the bin, as it goes to long time between every purchase.

    However on the reciept it did say that the redemption of the voucher should have been signed on the reciept. So basicly it is my word against theirs, however I am pretty sure that they should have refunded me for the amount that I paid for the item, and not an imaginery voucher. For all I know the staff could have kept the voucher themselves, as I found it odd that it was not in the wallet with the main reciept anyway.

    Who is right?

    • Argosemployee 24 May, 7:09 pm

      Hi im sorry to here about your situation at argos I have worked for the company for trhree years and have seen this happen on numerous occasions, unfortuantly what the store told you was correct, because the voucher was offered as part of a promotion where spending over £50 entitled you to recieve it they can and do ask for them to be returned when a product is and will take the purcahse under £50, it does seem slightly unfair but they are in no way breaking your statutory rights and can ask for the free gift to be returned if for any reason it cant I.e cannot be found then they can legally take the value back, if it was purchased on a kiosk machine it would have been printed on the bottom of the recipt or if it was purchased at a till you would have signed and recieved a cardboard gift card hope this helps.

  • Emily 16 May, 5:27 pm

    Hi, I bought a bag from Surfdome.com which broke at the seam between the zip and bag. I have posted the bag back to them, and they have told me I can have a suitable replacement or refund. I asked for a replacement, of a different bag with a similar original price. However the item I bought was in the sale so only cost £12.50 rather than its original price of £25. The company say I can only have an item of the same price as a replacement or pay the difference, is this correct?

    thanks

  • Alex S 18 May, 10:46 am

    Hello

    I purchased a bathroom cabinet 6 years ago. There was a 5 year manufacturer warranty and recently one of the 3 mirror-doors fell off, nearly landing on my wife’s head, and actually broke a tile on the bathroom floor.
    The door fell off because the hinge was stuck on with glue, which failed. The manufacturer is refusing to replace the door or pay for the tile. Although it’s out of warranty, I think we are entitled to reasonably expect the door not to just fall off unexpectedly from a cabinet! What if it had landed on my wife’s head? She could have been seriously injured?
    The manufacturer advised me that it was a known problem and they no longer fix the hinges in that way, but as it’s out of warranty they accept no responsibility and want to charge me for a replacement (plus I have to replace an expensive tile at my own charge)

    What can I do? I’ve looked around a lot on various sites and help sections but have not found anything relating to this type of issue.

    Thanks in advance for any help you can provide.

    Regards

    Alex

  • Kate m 24 May, 12:33 am

    I have just bout a top that was in the sale from a high street store, i got it home and as it was a simple t-shirt i took the label off and put it on, it fit fine but when i looked in the mirror, the top had a hole on the front. So naturally, i took the top back to the shop where i had a few other things to return. I kept the label to show the shop assistant that it hadnt really been worn, just tried on and then put straight back in the bag. But the assistant said that she had to check with her manager if it could be returned. Her manager or coordinator came over and told me that she didnt know if i had worn it as the tag had been taken off. I explained that the hole wasnt visible until the top was actually on and it wasnt worn for more than a minute. I was informed that because she couldnt sell it again she couldnt have it back, funny that because i cant wear it!

    I just wanted to know if there was something i could do/say to them. The reciept does say they accept unworn goods back but the t-shirt really hasnt been worn and the reciept doesnt say anything about faulty goods!

    Ahh help! Im fuming, i work in a verrry well known high street shop and im absolutely appalled at the service!!

    Thanks, kate

  • Enda 26 May, 12:16 am

    Hi, my partner purchased a fujifilm digital camera for me fir my birthday in march… the LCD screen soon went black in one large part, and i gave it to her to return it. they told her that the lcd screen is not covered under guarantee, and that it would cost 120 euro to have it repaired. this was the full price of the camera in the first place. the man in the shop also tried to say that she had broken it, (this was definatly not so). i am going to go back there myself, but i am wondering, if they refuse to act as they should, what should my next step be? who should i go to if they refuse to repair it? i am based in ireland by the way :P and the camera was bought in sam mcauleys chemists

  • Gabriel 27 May, 1:53 am

    Hi all I just had a few bad experience with dell could someone tell me how long the seller able to claim back the replaced goods.In my case dell replaced me a faulty laptop and did not claimed the old then.Now i got problem again and they refuse the repair because they want the old laptop back since already 6 months passed by now.
    when they replaced the product for me i call them 4 times about the pickup then no one get back to me with a date.The problem is i dont have the old product anymore it was dead so i discarded it after 4 months.

    thanks

  • rachel 29 May, 10:02 am

    Please advise on the following:-
    I recently sold an item of clothing on E-Bay and the seller demanded a full refund because they said the ‘colour ran in the wash’.
    The Seller was happy on receipt of the item and gave positive feedback. It was 6 weeks after they bought the item that they made this refund demand. The seller e.mailed me and told me I was legally required to give them a refund.
    I am a private seller and my E Bay listing states ‘No Returns’ – (one of the options offered by E Bay)

    Was i legally obliged to give a refund or not please?

  • Mike L 30 May, 8:56 pm

    Hi,

    I recently bought a cable for my computer from a seller on Amazon as I left mine while on holiday. When the item came and I plugged it in and it blew my motherboard which I had to go out and replace (at £115!). The cable is the exact same as the one I had.

    They are telling me that they have checked the rest of the batch and they are all fine but reading the comment on their page (which I should have read first) I am not the only one. Is there anything I can do?

    Thanks in advance.

  • Claudia 31 May, 11:23 am

    Hi,

    I recently bought an expensive silk dress for a special occasion (a wedding).
    The day I worn it I discovered that after sitting for 15 minutes it becomes all horribly creased. It really ruined my all day and I won’t weary anymore. I bought silk dresses before and they do crese but not so horribly like this one. Do I have a case for returning it? My believe is that the quality of the silk is not the ideal for a dress. And I couldn’t find out this without wearing it, so this couldn’t be spotted at the time of purchase.

    Thanks in advance

  • Eliot 9 June, 12:36 am

    Couple of quick questions for a switched on person please!!

    Can a (web) store insist on the delivery note that an item must be signed for “DAMAGED” if damaged, but not state that in their T&C’s you agree to?

    Also, can they charge a higher delivery rate for returned items (size)? Normally its £4 for 2 items of clothing (I have 1) – they are charging £6.50

  • Jeff 10 June, 6:49 pm

    I brought a glass table which the retailer broke outside our house on delivery, they cant replace it as the factory no longer exists and are offering my money back. After looking around I can’t find an alternative table unless I spend double the amount? Are they liable for the damage? Are they liable to replace like for like? or value for value?

  • Louise McLaughlin 12 June, 5:55 pm

    Hello, I bought an Outwell tent one month ago for £450 and the first time I took it camping upon erecting it I realised that it was without any inner bedrooms, they had not been included. I contacted the shop Camping World straight away and let them know. I was told that this would be sorted out for me the first working day after the weekend. However, I did not hear from them and called them myself a number of times to find out what they were going to do about this…each time being told different things and nobody seeming to know anything about it. Finally and unexpectedly I received the inners on my doorstep, without any apology or being told that these had been sent. I complained to the head office of camping world and have still not heard back (this was about 2 weeks ago). I then went away camping again this weekend and when it started raining the tent started leaking in several places. It would appear that the seam has small holes letting the water in.

    I have lost complete faith in this tent now and both camping trips have been ruined as a result, and feeling that I have wasted so much money on this tent. I would honestly like my money back now, but without the ordeal that I endured two weeks ago when I had to deal with Camping world for the inners. Am I entitled to ask for a refund or should I expect that they will attempt to repair the tent? Thank you.

  • damian 14 June, 12:10 am

    I bought a vax hover from Argos in Feb 2011. Since purchase I have had to replace the drive belt 4 times now the motor seems to of failed owing to puff of smoke and burning smell. Taking to argos to explain and request a refund as wishing to purchase a different brand due to the persistant issues only to be told nothing to do with them vacation has extended their warranty and that I needed to contact them for a repair. The Argos manger just kept on stating I had accepted the goods as after their 30 day guarantee I kept advising issues started within last 6 weeks and now faulty needless to say the vax is in the boot of my car after being told not Argos and 16 working days for vax to assess where go I stand please.

  • Johanna 15 June, 2:56 pm

    I purchased some made to measure boots for my wedding, I supplied the fabric which was also used for some waistcoats and a cape. The boots were made in December and the wedding took place on 15th January. Less than 10 hours after I put the boots on on my wedding day, I discovered that the back seam on one boot had started the fray and a hole had appeared over the ankle on one boot also. Due to our month long honeymoon and starting a new job, I did not report the fault until May. The supplier is being difficult saying I left it too long, however it was within the 6 month timeframe as detailed on your website. I took the boots off as soon as I spotted the damage and haven’t worn them since. Although I supplied the fabric, there were no warnings supplied on their website or with the purchase that this could mean they would not stand up to normal wear and tear and even if they aren’t meant to last as long they surely should have lasted longer than 10 hours! Despite reporting the fault over a month ago I have not yet had a response from the supplier since the initial acknowledgement, I have been chasing them via email and phone, is this worth me pursueing or am I fighting a losing battle?

  • Tracey 19 June, 7:24 pm

    Hi. I bought a toy kitchen from the Early Learning Centre in Basildon. As they are closing they are having clearance sale so everything is half price. On putting the kitchen together we realised that some catches are missing from one of the pieces. I have tried customer services, the store I bought it from and another store to get either the part I need or a replacement to no avail. Customer services do have the part that I require, the store I bought it from do not have any more of the item in stock and will only offer a refund. The other store claims not to have it in stock and says that in any case they would only exchange at the price that they are charging not the clearance price that I paid. I should point out that the item was sold to me as new, there were no faults pointed out at the time of sale and there was no opportunity to inspect the product before leaving the shop. The ELC website says that they have the kitchen in stock so why can’t I get a replacement? Surely the company ELC is responsible regardless of which of their shops I bought it from? I don’t want a refund because I won’t be able to get it any where else for the price I paid. Can I demand a replacement? Thanks

    • Alex S 27 June, 12:23 pm

      sorry, see my response below, not sure i clicked on reply to this particular post…

  • Stephen 21 June, 4:35 pm

    I bought a Dell Inspiron 15R laptop in January this year from Tesco Direct online and it developed a Hard Disc Drive fault (HDD) earlier this month, June. I phoned DELL Technical Support and they collected it for repair from my house. It was returned back to me a few days later but when I examined my laptop I noticed cracks/fractures at the corner of its plastic casing suggesting it had been dropped and the new HDD was not setup correctly with over 200GB of storage missing from a 500GB HDD. A couple of days later, the laptop developed a fault in the LCD display with flashing vertical bands of gibberish displayed on the desktop background. Dell will only offer me an engineer visit to my house to carry out repairs but I would like a replacement laptop as I believe my consumer rights under the Sale of Goods Act 1979 allow me to be offered a repair, a full refund or a replacement. Please can you tell me what my consumer rights are in this situation?
    Thank you.
    Mr SJ Learmonth

  • Alex S 27 June, 12:20 pm

    For Tracey,

    I’m not an expert, but I’m fairly sure that unfortunately the ELC are within their rights to offer a full refund on the price you paid for the product, the relevant legal line is something along the lines of “returning both parties to the state they were in prior to the transaction”.
    If it was, for example, a new window for which you had to knock a wall through to install, it would be different because just offering a refund on the window doesn’t return the wall to it’s original position, but with it being simply a toy with no installation, I think they can just offer a refund if they want.

    In terms of exchange though, as long as the fault was reported within whatever the reasonable allowed time for inspection is, if they offer an exchange it should be irrelevant what price was originally paid except when they don’t have a similar product in stock to offer.

    Hope this helps

    Alex

  • Gary 28 June, 11:05 pm

    I have recently returned an External Hard Drive to a manufacture in France due to the hard drive I bought became faulty (not misused).

    I bought the item from the UK originally from a retailer under a year ago. I contacted the manfacturer who said they would repair the hard drive if returned to them in France within 7 days, or to a UK repair team within 14 days. As it’s extremly important this hard drive is working again and returned within 7 days, my choice was to send to France for the ‘Express replair’ option.

    nearly 2 weeks past and I received an email saying that they were not going to repair my hard drive under warrant as it had a damage case.

    I have asked for proof that my drive was damaged. I reurned it in their factory original packaging I bought the item in which is cased in foam holdings to provent such damage occuring. It was cased in another box, marked up fragile.

    When I recieve the photo’s, can I ask for the date they were taken as proof to when the damage was reported? Reason I ask is because I believe the item was damaged while in their prosession, not in transit as they will claim. My logic is, if they do not have dates on the electonic photo (via created tag) when it arrived with them, there is every possibility they casued the damaged in order to force me to buy the £100 extra warranty which states were fix the item under and circumstances. The Hard Drive is state of the art, latest technology and was not cheap, and certainly not the type of hard drive you would expect to pick up from a local supermarket.

    I know the casing was 100% in tact when sent via postal service.

    Can the company refuse to repair even if they can not proove to me they did not damage it?

  • Mika 30 June, 11:36 am

    I bought a pair of sandals online from Sarenza for over £50. They are very comfortable and just what I was looking for. However after just half a day’s wear the sole eroded back to the wooden wedge heel. It seems as if the sole is made of very thin and poor quality material and there is no protection for the heel. I contacted Sarenza immediately,expressing disappointment at the quality of these shoes and asked for advice about repair. They asked me to send photos which I did and after a week I got a short email saying that they could not offer me any compensation or refund and to take the matter up with the manufacturer (with no contact details supplied). What should I do?

  • Mario Bernardi 4 July, 11:14 pm

    I purchased a softair BB Gun from a UK online retailer on mid December 2010. It developed a fault in May 2011 and I contacted the supplier to ask for it to be repaired/replaced under warranty. They said that the warranty was no longer with them but that I was still covered under warranty with the UK licensed supplier of the product (Sportsmarketing SMK). I contacted them and they said to post it back to them with proof of purchase, which I did. I heard nothing for 6 weeks and called them today for a progress report. They stated they had repaired the gun but if I wanted it back I would have to pay them £7.50 for them to post it back to me. I refused saying that the goods were faulty and that I shouldn’t have to pay for them to return their faulty goods. The person on the phone then started to say things like well we repaired it free of charge, to which I told him they were responsible for the repair under warranty. He then accused me of using the wrong ammunition in it – but the gun came with prepackaged ammunition attached to the gun! What I want to know is can they legally charge me the postage costs for returning their faulty goods which have been repaired under warranty?

  • Jenny 7 July, 12:30 pm

    Hi

    I bought my children some In-car dvd players from Argos in march 2010. This weekend one of them stopped working. Argos will not do anything as the warranty ran out at the end of march this year. They gave me a number to contact for help with bush products, the man said I need to get an independant company to inspect the unit and confirm that it is a manufacturers fault, they say that i can then take it back to the store with the receipt and the independant report and they would look again at the problem, where do I stand regarding this as the items are only 15 months old and my daughters one works perfectly well.

  • Charlotte 8 July, 2:03 pm

    Hello,
    In October last year I bought a HP Printer from Viking Direct. In January it broke and I was offered and accepted a replacement. It is now July and it has broke again. I have spent hours on the phone to HP (who I was put through to by Viking) trying to fix it. HP have offered to replace the printer, I asked for a refund and was denied. I then went back to Viking for a refund and told that it was HPs problem. I do not want another HP Printer since having two brake in less than a year. Can I demand a refund (or even a credit note would do!) Thank you.

  • malcolm mcardle 12 July, 7:52 am

    We supply 2nd hand furniture and white goods. Most of what we supply is by way of service level agreements with Councils. How do we ensure the customer is adequately protected, should they take up any complaints with the Council or directly with us?

  • Scarlett 13 July, 9:48 am

    on the 18th of last month I purchased a pushchair for my daughter from Tesco, I lost the reciept soon after buying the item. Within 2 weeks the pushchair developed faults, front wheels wouldnt steer, frame bent when I tried to get it up a curb and no longer folded up completely. I knew that a bank statement would cover me under sale of goods act for returning a faulty item but, when I returned to the store with bank statement in hand they said it wasn’t proof I purchased the buggy, just that I had spent money with them. I explained the Sale of Goods act stating the pushchair was not for for purpose and had not lasted a reasonable length of time but was told company policy states I must have a reciept and all they would give me would be a gift card as a “good will gesture”.
    Am I correct in thinking my bank statement would allow me a refund for a faulty item that I have had less than 1 month?

  • eltb99 13 July, 7:26 pm

    Hi, I bought some sunglasses online from an online shop in France. The glasses are supposed to be new, they were poorly packed and as a result the box was crushed and a lens scratched.
    Do the same laws apply for overseas purchases?
    Thanks
    EL

  • mark kirk 17 July, 1:14 am

    just got 46 3d led tv from comet costing £1100 unpack it turn it on and there bleeding on the led screen with a line in the throuh the tv its only day old have they got to replace it for me thanks mark

  • Dean 17 July, 6:57 pm

    We purchased the mattress from a business seller on eBay and explained we were moving house on the Friday.
    When the mattress was put on the bed base it showed no signs of any fault or problem.
    The mattress was stored flat at all times even when moving house and nothing heavy was placed upon it, the seller has said it wasn’t stored flat hence why the item has become faulty, however after we had moved house the mattress was fine on the base and over a couple of weeks the bottom of the mattress has gone miss shaped, in their description they state it comes with manufacture warranty but they are refusing to honor this, we lay the mattress flat at all times yet they say we didn’t, but with respect how do they know this, they are not honoring what is stated on their page by the warranty. At first i just wanted a replacement but now i wish for a refund and they will not do this. We have given them photos as requested and all informed they asked for yet they still won’t be helpful to resolve this. Mattresses are made to with stand many years of service and not to fail just after a few weeks.

  • Oliver 20 July, 5:34 pm

    I brought a playstation 3 in 2007 so currently now it is 3.5-4 years old. It broke once before outside warranty and i took it back to the retailer (in this case GAME) and eventually got them to fix it under the sale of goods act.
    Now though it has broken again and this time it is a well known fault to do with the solder used in the PS3′s. Sony want £130 to replace the console and saying that I paid £300 in the first place that is a rip off. GAME on the other hand refuse to help me as they claim that you can only claim for up to three years on the sales of goods act. If this is the case for consoles then I would accept that but I cannot find any mention of consoles being limited to three years anywhere at all.
    I would appreciate if anyone can clarify for me if GAME are correct and that i cannot claim outside three years or if they are just trying to fob me off like they tried last time.

  • will 21 July, 11:23 pm

    I need some advice my laptop recently developed a fault with the charger connection which can be very hard to fix and could result in having to swop out the board. I returned it to comet where I purchased it (less than 12 months ago still under warranty) they have offered to replace it but with only the monetary value we paid which is considerably less than it’s worth as it was a ex-store model I think I’m entitled to an equal spec laptop as when we got it they said the warranty treats all laptops they sell as new. Do I have much of a case in this?

  • Scott 22 July, 3:20 pm

    Hi – My parents purchased me a chainsaw last year. I never used it and it was put into our spare room. Last week I got it out to do some tree felling and I couldn’t get it to work. I took it back to the Black & Decker shop and they asked for a receipt – I advised I didn’t have one and that my parents paid cash for it over a year ago. There is a 2yr warranty on this but I wasn’t claiming anything under the warranty, I was merely pointing out the item was faulty. There were 2 salespeople on the desk and both of them immediately said it was a faulty trigger mechanism (almost an admission that they have had the problem before) anyway, they also acknowledged the chainsaw was mint and had not been used. Where do I stand in respect of either getting a replacement or getting this one repaired. They have told me I need proof of purchase which I don’t have. However, the chainsaw is Black & Decker and its a Black & Decker shop selling only Black & Decker items that I am dealing with so surely this should not be an issue ? Any help greatly appreciated.

  • robyn 22 July, 11:24 pm

    Hi, I could really do with a little help here please. I purchased a samsung tv a little over a month ago costing 2k so I expected to be very pleased with the performance of the tv but its quite the opposite. The first tv had bad back light bleeding in all 4 corners and had bad fogging in places (this made it look like pixalating in dark scenes) to be fare the company I bought it from exchanged it for another tv but it took them a further 3 weeks, but its exactly the same probably worse I have had this replacement tv now 6 days. I contacted them and they said that there was noting wrong with the first tv and that if I wanted to return this second one there would be a 20% restocking fee which would be £400. I have 3 other samsung lower end led tv’s in the house none of them have this issue yet the supposed top of the range flagship model ue55d8000 has on both the sets that I have received. All I really want now is to get a refund or an exchange for a different tv as I have no confidence a 3rd set will be any better. Not knowing what to do next I contacted samsung and they have aranged for a samsung engineer to come and look at my tv and if he agrees its faulty am I within my right to ask the place I purchased it from for a full refund and not another tv? or will samsung just fit another screen? don’t like teh sound of that option on a new tv reall. I am not sure what my rights are regarding this situation as this is the first time I have ever been unhappy with anything like this, any help would me much appreciated.

  • Matthew Parkes 25 July, 3:40 pm

    I purchased a desktop PC a couple of years ago from Empire Stores which has since come under Kays I believe. The manufacturer of the PC was a company called Zoostorm. The PC has recently become faulty (the motherboard has died to use a non technical term) however the other components that make up the PC are in working order.

    The item came with a standard 12 months guarantee and I did not take out an extended warranty, however I do know that most PC components have a 3 year guarantee individually as standard.

    What I would like to know is, if I contact the manufacturer should I be able to expect a replacement of the faulty component or could they state that as itr is out of the guarantee period that they do not have to do anything? Could I argue the fact or would I have to go to the motherboard manufacturer who is Foxconn?

    Any guidance would be appreciated, kind regards
    Matthew Parkes

  • Wlly 26 July, 10:07 pm

    I bought a knife of this small UK company (which have 2 stores) When the knife came the box was opened. The knife was bigger than i thought and i felt misled. I noticed there was a small scratching in the leather sheath it came with i did tell the secretary of the company to tell the sales team but he never rang back. So i returned the item with a cover letter but did not mention damage.
    They left me a voicemail today (nearly a week later) saying to phone them. If it is because of the damage which i did not cause but not mention in the letter am i still entitled for full refund seeing as i did not use the item ?? i also returned it within 7 days
    Please help me and if there is anymore info you need to know ask.

  • Mark 27 July, 1:57 pm

    Hi guys,

    Wondered if you could help me. I recently bought a T-shirt from Play.com, tried it on, liked it and hung it i the wardrobe. The first time I wore it was about a week ago, and it was all fine. I then washed it, and the damn thing’s colours ran and ruined the shirt and another of my t-shirts. I followed the manufacturer’s instructions for washing, and I am confident that I did it correctly. I contacted Play.com, who said that, as more than 30 days have passed, they can’t offer me a refund or replacement. I believe this is wrong, as after one wear and one careful wash, th item is surely faulty. They directed me to their policy on the matter here: http://www.play.com/HOME/HOME/6-/AboutUs.html?page=ret which does refuse to refund fault goods after 30 days.

    Do I have any legal leg to stand on if I complain?\

    Thanks in advance.

  • Jamie 28 July, 10:14 am

    Hello
    I bought a Hoover washing machine from a repair sales company. My old machine was beyound repair and I needed a new one. I bought it in Dec 2010 and one of the selling points is that it came with 3 years parts and repairs. The machine has broken 3 times and engineers have been out 4 times to fix it. I have a young baby and every time the machine breaks it causes lots of problems and disruption.
    I have lost all faith in the machine and the repairs that have been carried out.
    Do I have any rights to return the machine?
    Thanks for any advice

  • Ricky 1 August, 1:58 pm

    I brought a new laptop from an online retailer 2 weeks ago however after half a day of use it started to act up. I followed the steps that the technical support team told me to, however they said that this is a fault with the actual product itself so I would have to send it back. I did just this but it was returned to me with them saying it was working perfectly. It wasn’t even half a day before it started to act up again. I video taped the problem occurring and explained what was happening in it and sent it to the retailer. I am currently waiting for their reply am I entitled to a refund or a replacement. Is it also my choice on what one I take because their customer service has been poor and I do not want to run into the same issues again.
    Many thanks
    Ricky

  • Jayesh 5 August, 5:04 pm

    I ordered a kitchen and fitting of the same. ( Kitcen Uber – Manchestor). A person came from the company and took measurements and it was delivered in 2 days. the fitter provided by the company came and found the doors to be of different colour and measurements wrong and unable to fit . He went off and the company sent a surveyor who agreed to the faults/ remeasured it and prmised delivery of new changed/ correct items. Sine then , things have gone downhill. There has not been any response to letters and it is a most impossible to reach the telephone helpline. On one occasion I was told that I would need to pay more as it had more doors than the initial order.
    I am stuck with stacks of unnecessary boxes in my living room. What can I do now? I wish to cancel the order and get a refund but am unable to contact them.

  • Sean 11 August, 6:04 pm

    Hi,

    Unfortunately Currys are well within there right to refuse any repair after the 12 months mandatory cover is over, they do offer extended warranty on all products and yes it does cost more. I know this is not what you wanted to hear however, in future i would suggest you shop in House of Fraser Tec7 they are as cheap as Curry’s Comet tesco etc… and give you a free 5 yr warranty. Learn from your mistakes shop elsewhere.

  • Sophie 11 August, 11:07 pm

    Today i bought a cardigan from internacionale and when i got home i found there is a hole in the pocket. I have took the label off but i have it now, i also have the receipt. Could i get a full refund or would it be replaced? Also i bought it in Newry but I live in Newtonards does it have to be the same shop or the same branch? Many thanks,

  • steve 14 August, 10:28 am

    hi bought a samsung lcd tv from currys 9 months ago and it has stopped working, dont have the reciept but paid for it with a card so its on my statement.
    can i return this item ??
    thanks

  • Ted 15 August, 9:10 pm

    Hi,

    I purchased a satellite receiver online to connect to two recently installed satellite dishes.

    The installer tried to tune in the receiver but had lots of problems in doing so. Eventually after over an hour he managed to get a lock onto the satellites and was able to scan for channels. The lock remained for a few days and then suddenly was lost. I tried tuning in again but I could only intermittently get a lock and after the receiver was power cycled the lock was lost again or sometimes after a few days.

    I suspected that perhaps the dishes had not been aligned correctly so the installed returned and tested these again. I also attached a Sky receiver to the dishes and this was able to lock on immediately whereas the receiver which I purchased online continued to have problems.

    I contacted the online retailer and they advised that I return the receiver for testing. I did this and was reasonably confident that they would have the same issues. However, they have reported that they cannot find a fault with the device and are unable to offer any further remedy. They had also said that because I ordered the device with an internal hard drive, then this is considered modified and under their terms they will not accept this back for a refund.

    I have had the unit for less than one month. It cost nearly £400 and is useless to me. I know that a normal Sky receiver will work with my setup so I think it is reasonable to assume that there is a problem with the one purchased online.

    What options do I legally have? Can I get my money back? How can this be resolved given that the retailer cannot find a fault?

    Many thanks.

  • Jr 17 August, 9:16 pm

    can you show where the law states you need proof of purchase for faulty goods?

    My understanding is you do not need one contrary to what shops may say. They are under no legal obligation to issue one and you under no obligation to provide one.

    If its faulty they should take it back -end of!

  • Trish Lewis 18 August, 12:38 pm

    Hi,
    I hope you can advise me.My son needed transport for work as he works unsociable hours.I went with him to purchase a motorbike from a local motorcycle dealer in our area.I purchased the bike(paid in full) with my credit card(my son would pay me back monthly) to avoid finance charges. The owner said it would be arriving within a few weeks and he would ring when ready.I had to ring him on the expected date of arrival and he said it was in & they would build it that day and would be delivered the next day.The bike was delivered to my home with no supporting paperwork. A few days after receiving the bike it cut out whilst my son was on the way to work we tried to ring the seller no reply so had to make our own plans to get it in a safe place for the weekend. Monday we got hold of the seeler he picked it up & took it back to repair but said it was just because there was no petrol in it. A few days later the bike broke down again it was taken in and we were told it needed a new battery(even though only 6 weeks old!) We were also told it should have been serviced(bearing in mind we still hadn’t been given warranty or instruction manual)Finally I went to the shop and asked for this paperwork & was told if it had manual & warranty they would have supplied it which I informed young apprentice(owner was away on holiday) was not the fact & I would be contacting owner on his return. Last night on his way to work bike broke down again ! The shop of purchase was closed and I have registered my children on my AA membership so told my son to ring them. The AA mechanic checked the bike over & wrote a list of faults with the bike. He stated that the construction of the bike was horrendous and there were numerous faults.He supplied us with a list and said he would be happy to testify in court if there was no resolution to this problem.We contacted the bike shop again & an apprentice collected the bike & took it away again.I am not happy firstly with the level of service and secondly with the fact that my son is riding a dangerous machine.What would you advise I do ?

  • Mark Higginson 31 August, 1:27 pm

    Hi there ,

    Have just been chatting to ebay on there chat service .. I have an item which is faulty and want to return it … The seller finally agreed to refund cost of item , but is refusing to pay for return postage cost …. Ebay said i would have to pay for these costs …
    Don’t understand this , as item was faulty , to point it blew main circuit in house …

    Item wasn’t expensive , £7.99 , but is going to cost me about £2.00 to return ! ….

    Please advise ,

    Many thanks ,

    Mark

  • Mark J 1 September, 8:42 pm

    I bought a 28″ LCD monitor in Aug ’09 that cost £280 and in April this year it started going faulty. As it came with a three year warranty, I did an RMA via the manufacturers website and it was picked up in May for repair. The repair centre states it arrived with a cracked bezel and refused to repair it as the damage was not covered under the warranty. After several emails back and forth and showing them pictures that showed no damage before sending it to them, they agreed to fix the bezel and do the repair. I had the monitor returned to me last week (finally) and the bezel has not been fixed. They sent it back in a totally unmarked plain box with warning labels etc on it. They now claim that they will not fix the bezel as it is not covered by the warranty! After further inspection of the monitor, there is rattling when moved, it is slanted on the stand and there was a piece of plastic found in the box! What can I do about this as I have waited three months for them to actually send this monitor back and it has not been fully repaired. I can provide images from before and an email that stated they fix the bezel.

  • Albert 1 September, 9:48 pm

    Just to let you know despite your beliefs in that you are only a ‘Private ebay seller’ the law states where you are selling goods for profit or gain you are to be classified as a business and as such have legal obligations to comply with.

  • Lauren 2 September, 12:23 pm

    Hi I bought a Dell all in one touch screen desktop in January 2011 so it is only 8/9 months old.

    The screen has now stopped working but I don’t have the receipt is the shop I bought it from liable to fix it? If i find the bank statement for January with the purchase on it will they fix it?

    your help would be appreciated

    Lauren

  • joe 3 September, 10:31 am

    Hi ,

    I bought a gaming pc from pcworld about years ago now without any extended warranty.
    Now the pc is broken and I think its motherboard, is there anyway I can get them to repair my pc for free? Where do I stand.

    Thanks

  • joe 3 September, 10:38 am

    Sorry 3 years ago I bought it.

  • Ilana Weiser 4 September, 2:51 pm

    I recently purchased $1400 worth [34 cards] of high-end collectible cards which were in factory sealed packs in factory sealed boxes, in factory sealed boxes in a factory sealed case. All of the cards suffer from manufacturer defects and significant damage. The authorized retailer for the manufacturer states the manufacturer is responsible for addressing thee issues [which I am aware of] however the manufacturer [unable to replace the original product] iniitallty offered me “REPLACEMENT cards of similar value” to be sent in several weeks, but they refuse to tell me WHAT they intended to send me so I can determine if I feel it is of similar value. I didnt like any of their other products enough to spen $1400 on them so I don’t even WANT something else if they can not replace the original. 2 weeks later, in following up on the case [to find they had nt bothered to start on it] I was told in an email I would only receive some “complementary” cards [as if they are doing me a favor] with no indication that they would be of similar value or when I would receive them. The company refuses to provide me an address where I can send the product back, as I do not want the damaged [worthless cards] anymore. I may be able to file a claim with the credit card company I used for the purchase however this hurts the retail establishment where I made the purchase and they didn’t do anything wrong. They had no way to know within the [multiple - completely intact] factory seals wear cards with significant damage and defects. The manufacturer’s policy is basically they make a ‘collectible product’ therefore this exempts them consumer protection laws and they can treat customers unfaily. I do not mind waiting for a replacement if they are able to tell me what they intend to send me [even without specifics, how they intend to determine 'similar value' or what year / series the cards would be from [is it a series I even like or would want?] do they cards themselves have the same value as the ones I received? They appear to want to blow me off for several weeks until it is past the amount of time I have to exercise any of my rights as a consumer. At which point I will have no choice but to accept whatever they intend to send me and deem worth $1400. If they can not replace the original product [or provide me with information on what they intend to replace it with so I can determine if it is of similar value] I want a refund. $1400 is a lot of money and they are treating me no differently then a consumer calling about a damaged card from a $2 pack. I also feel fairy certain due to the number of complaints / phots online the company is completely AWARE this particular line has defects, yet they refuse to recall the product [from retailers and distributors] and instead continue to allow their distributors and retailers to pass this product off onto unsuspecting consumers. As it is obvious they do not value my business and appear to be fully aware of the issue, I want my money back and will spend it on cards from another manufacturer, who goes out of their way to address issues with defects when they arrise.

  • sam 6 September, 4:43 pm

    hi, i brought a dress from debenhams to wear at a wedding last weekend. i have noticed that the stitching on the hem at the bottom of the dress is coming apart. would i be able to take it back for a refund or repair. any help would be great.
    thanks

  • donna 6 September, 8:16 pm

    Hi
    I bought a Phillips TV in June 2011 from my Littlewoods catalogue. Everything was fine until 1 week ago i turned the tv on and the screen was fuzzy, couldnt get a decent picture. I phoned Littlewoods and they sent out an engineer, he reported back to the catalogue that the TV was faulty. I have only had this TV for less than 2 months and its costing over £650.00 with interest. Littlewoods are stating i have to have the TV repaired but i want a refund. Do i stand a chance?
    Thanks Donna

  • Phil 7 September, 1:35 pm

    Hi,

    I bought a second hand Espresso machine for home use from an e-bay shop for £517, I had the unit for 20 days before the display went blank and the machine stopped working. The seller wouldn’t refund and offered to send me a replacement part, while I’m still waiting for this I’ve found out from a UK distributor that the product was meant for use in USA and that the display couldn’t handle the UK voltage fluctuations. I’m worried that it will blow again after a couple of months and I wont be able to have it fixed again. How long do they have a duty to look after the product because its second hand? Cheers

  • Libby 8 September, 1:21 am

    Hi

    So I bought a pair of jeans from a small shop. A week after i purchased them i was putting them on and the button fell off and now theres a hole. I went back to exchange them and they said they cant return it only put another button in. I was told that when that happens the material is no good. All i want is an exchange but he is denying me that option what should i do?

  • Tal 14 September, 10:57 pm

    Hi,
    I bought an oven from comet on 2/7/1. it keeps tripping the circuit boards and is unusable. I reported to comet on 30/8/11 and they told me it needed to be repaired. I was happy for this but they told me that parts were not in stock and they would arrive 12/9. on the 12/9 i called and was told that the parts were now expected on 16/9 with an engineer visit 5 days later.

    i have a problem with the time this is taking. Who decides whhat “reasonable time and significant inconvienience is”? i consider being without an oven, which is an essential for over 3 weeks to be unreasonable but when i try to make this point i get fobbed off. What is my next option. I have lost all faith in the product and comet and would like a refund.

  • Stephen Hartnett 15 September, 10:23 am

    Hi, I wonder if you can help me with this?? in May this year I purchased a new phone from Argos in Kings Heath Birmingham for £140. Since then I have been in and out of hospital. I have only recently tried to use the phone and unfortunately it doesn’t work. I have returned it back to Argos on a number of occasions with no joy to date. I’m now left with a phone costing me £140 that doesn’t work. As I’m now house bound I’m unable to sort this out myself, this has now left me with a very bitter taste and I wish to have a refund if possible??

    Thanks

    Steve.

  • Mike 19 September, 11:39 pm

    Hello

    I bought a bugaboo bee plus pushchair online about 2 months ago. Upon first use there was a problem with the front wheels as they kept sticking making the pushchair difficult to use. I contacted the retailer who emailed bugaboo. A replacement set of wheels was sent but this took 2 and a half weeks. This set of wheels were also faulty. I contacted the retailer again and bugaboo sent out another set of wheels. These new wheels came with a ‘fix kit’ of washers designed to prevent ‘shimmying’ (the wheels vibrating) which bugaboo claim is a common problem with swivel wheels (!). These washers are meant to be replaced on a regular basis. Although the pushchair wheels no longer stick they do shimmy (wobble / vibrate) at times. I have discovered that this is a known problem with this pushchair model (lots of complaints online etc) and bugaboo has even acknowledged the fault on its website. I would like to return the pushchair to the retailer and have a full refund as I do not think the pushchair is fit for purpose and I have been unable to use the pushchair properly since I bought it. What rights do I have and could I expect the retailer to pay shipping costs? Thanks.

  • Suzanne 21 September, 8:01 pm

    I bought a Zanussi washing machine in August. I called to report a fault after 30 days and have been told that I have to accept a repair. I refuse as they cannot repair my machine for 11 days, which is of no use to me as I have no access to another machine.I don’t think that its fair that I have been sold faulty goods and have to be inconvenienced also so I wish to replace the machine. I have requested a replacement and they are refusing. Am I within my rights to just ask for a refund?? I have spoke to Zanussi and they say they are not getting involved as Comet buy the products from them without the warranty so they won’t help. I think this is a cop out from them as the machine obviously left the factory like that and I am in the process of writing a very strong worded letter to them also. Where do I go from here?

  • Lucy 22 September, 2:34 am

    Wondering if any one has any advice for me… I purchased a mobile phone from Tiger mobiles, when it arrived I realised it was not quite right, it had no protection on the lens/screens, it had no start up menu, nothing on any desktops, no software installed. Once I had managed to set it up I found it had more problems, the sliding keyboard is loose and comes off its track on one site, the fm transmitter does not work ,the notification lights do not work. I then looked more closely and realised that the printed text on the phone has all been worn (for example the details of the camera lens is all faded from sliding the lens open and closed). This was meant to be a brand new phone, but I am pretty certain it is reconditioned and still has many of the faults it was no doubt returned over….
    Does anyone know of a way to confirm if a phone is new or reconditioned?
    They have offered to repair/replace the phone, but I do not want this phone to be repaired as it is sooooo faulty from the begining! and I do not want them to replace it as I do not trust their stock!
    I requested my money back but they have advised that will cost 25% of the purchase price as a restocking fee!! – to restock a phone that is not as I ordered! How rude!!!

    Not sure if the laws for this change between states, but we are in SA. Any help would be greatfully appreciated.

  • Jo 23 September, 6:20 pm

    Hi, bought a notebook laptop at tesco’s on 7th July. Worked fine until yesterday when I pushed the lid back a tad more to see better…..the screen cracked making the laptop totally unusable and tesco’s stated that they could send it away for repair but it would cost me more than the thing was worth! they stated that their 1 year guarantee doesn’t include breakage and that I should have bought the warrantee. Where do I stand? Thanks

  • mike 30 September, 10:16 am

    hi there i recently purchased a drum skin from a site of the internet.
    When i typed in exactly what i was after onyx snare drum head
    a drum head (skin) came up the correct size it was labelled in there directory as follows Evans B12ONX2 Onyx 2 Ply Coated Drum Head (14)
    so i carried on with purchase thinking it was a snare drum head.when i received the goods,it turns out it is a tom head not a snare head.
    i want to return the goods back to them for refund or a swap for something of equal value,but i dont want to pay for delivery to send it back,as thats just pretty much near doubeling the cost of the item..in there refund policy it says as directly quoted from there site….In accordance with the Distance Selling Regulations, any goods can be returned for any reason within 7 working days for a refund, less carriage costs…does this mean i have to pay for the return??? an help would really be appreciated.

  • michelle doll 3 October, 1:54 am

    recently purchased ANCHOR brand glasses at walmart this weekend poured something to drink went to take a sip of the drink when the edge of the glass broke off and was in my mouth about 1 inch long. I pulled it out of my mouth still have the piece and the glass. I never used yhe glasses before they are brandnew however I have a whole set. Wondering if I should go walmart about this product defect or contact anchor ?

  • Oliver Doss 5 October, 3:45 am

    I have recently bought a number of identical units on-line for my own personal use. Amazon initially refused to replace the items as I only realized that it was faulty after 30 days. I then reminded them of their obligations and they have since offered a refund + postage. However, since I vouch for the product, I would prefer to have a replacement, yet they have declared that they are conveniently out of stock. I have stated that I am prepared to wait however their standard computer generated response via a different sales person offers only a cash refund.

    Do I have any rights to insist that they replace the faulty units?

  • Stefania 5 October, 7:22 am

    I purchased an Acer laptop from a Currys store about two years ago at the cost of 450.00. It stopped working about two months ago. (not even two years old).

    I paid for an engineer to look at it (the warranty expired after a year), I was told that it had stopped working because of a manufacturer’s fault.

    I took it back to Currys claiming under my statutory rights. After a bit of toing and froing they agreed to take it in and carry out an assessment at no cost to me to ascertain whether there is a manufacturer’s defect that would then be repaired for free.

    The’ve had my laptop for 17 days now. I emailed them two days ago asking how long this will take..Their reply stated that it’s still waiting to be assessed because they have a backlog of repairs and that a repair can take up to 28 days. But no mention of how long an assessment may take!

    Can I argue that they’re taking an unreasonable length of time to assess the problem? How long is a reasonable time for an assessment?

    Thank you.
    Stefania

  • GrahamC 11 October, 4:32 pm

    I purchased a pair of Superdry jeans from House of Fraser 3 weeks ago that I have worn several times now but the colour keeps bleeding every time I wear them staining my skin and any other clothes/shoes that I wear.

    I have washed them several time but it keeps happening. Could I return them to the store as they are not of satisfactory quality/faulty?

    Thanks
    Graham

  • Mark brogan 14 October, 7:23 pm

    Hi, we bought a washing machine and 2 days later the plug on it overheated to the extent that the plug started to melt, fill the kitchen with noxious smoke and shorted out the power in the kitchen. Thankfully when the power shorted it stopped the plug heating up any more or else we probably would have had a fire. The selling company is talking about a repair rather than a refund. I want a refund as it was clearly not fit for purpose. Can I insist on a refund?

  • Ben Crompton 15 October, 10:52 am

    I run a small dance school business. I ordered over 1000 pounds worth of t-shirts.

    The t-shirts and hoodies had the name of the Dance School on them. However, we have now started to recieve the tshirts and hoodies back as the vinyl print is peeling off after 1 wash.

    We are a small business who can’t afford to lose this amount of money.

    In desperate need of help. The compnay is refusing to reply to my emails or phone calls.

    • trickygj 15 October, 4:11 pm

      Ben

      How long have you had the items?

      If it is under 6 months you can reject under the Sales of Goods Act 1979 as not satisfactory quality/fit for purpose/as described. If the company does not reply you will have to start proceedings in the small claims court. Is the company a Limite company?

      By the way if you go to the consumer forum tab and register and then post your question/reply it will get answered quicker (at least by me hopefully). There are so many threads here i for one dont get time to sift through them.

      • Diana 18 October, 8:11 pm

        Thank you so much for your advice, it’s really appreciated. I’m going back to the shop tomorrow and will not leave until they replace my cardi!

  • Diana 15 October, 6:39 pm

    Hi

    2 days ago I bought a cardigan at Bon Marche. I put it on at home and didn’t notice that it had a split in the seam of one of the sleeves. I removed the tags and put it away. Today I put it on and noticed the fault. I took it back to the shop expecting to be able to exchange it but the assistant refused, she said I should have checked the cardigan in the shop before I bought it and as I’d removed the tags she would not offer a replacement. I have the receipt and have checked the wording. It advises that: If for any reason you are unhappy with a garment or change your mind about a purchase,simply return the garment to us in its original condition with tags attached within 28 days along with the receipt and we will happily offer you an exchange or refund. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS. So what exactly are my statutory rights if they will not exchange a faulty garment?

    • trickygj 16 October, 1:02 am

      Diana

      Your statutory rights are quite simple. Under the Sales of Goods Act 1979 anything you buy must be as described, fit for purpose and of satisfactory quality. If you return anything within six months because it does not comply or in other words is in breach of contract, you can demand a replacement, refund or repair. In order for you to obtain a refund you need to return it as soon as possible.

      In your case you are entitled to full refund or replacement. The shop cannot refuse you these rights or else they are breaking the law.

      Your stattutory rights override any terms and conditions the shop sets and that includes saying that you should have checked the garment before sale. Removing the tags or opening the packaging is not something that the shop can use as an excuse in refunding your money or replacing your item

  • rachael 16 October, 12:21 am

    Hi,

    I’m hoping someone can help. I bought my pushchair/travel system on 6th March 2010 and I had my son the following week. The use of my pushchair was minimal, a 5 minute walk to school and back and not everyday, half an hour round town not too often, sometimes a walk to playgroup etc. In October 2010 the frame of the chair snapped, I was within days of my warranty so the shop replaced the frame. In January 2011 I returned to work so my pushchair was used even less. By June 2011 the same fault had occurred and as the shop had no more in stock they said they would let us know when a new frame came in. I got that frame in late June 2011.

    With me so far? By late July 2011 a different fault had occurred and I again went back to the shop, by now they are getting funny with me but offer to send it away to the manufacturer for testing. The sales rep (apparently) was going to get me a new frame, but it took weeks as they were out of parts at the factory. On 27th September 2011 I finally got my new (4th) chasis and guess what? Today 15th October the second fault has occured.

    I need to know what my rights are as I know the shop will get funny with me again. My son has only just gone 19m so am I in my rights to claim not fit for purpose? I purchased the pushchair using my Nationwide debit card so could I claim through the chargeback scheme? This saga is never ending, please help, all I want is a pushchair that works.

  • Paul 17 October, 4:08 pm

    I recenetly bought a motherboard from china. When i recieved it i fitted it into my computer and found it was faulty, i checked with the manufactures and they comfirmed that it was an issue with the board and that i should return it.
    I posted dit back and requested a refund as i needed my pc working as soon as possible and the wait for the board to return to china and get a replacement would take to long.
    I contacted the shop and they said they would arrange a refund once the baord had got back to them. Once they had comfirmed that they would refund me, i went ahead and got another board from a local shop.
    Yesterday i got an email saying they had recieved the board and had posted a replacement 2 days ago and it is now on its way to me.
    It has already cost me £20 to post it back the 1st time and with already buying another board i dont want have this board which has now cost me a total of about £100.
    Any advice on what to do next would be greatly appreciated. I made payment through paypal so proof of purchase etc isn’t an issue

    Regards Paul

  • anne 18 October, 12:01 am

    hello,

    i brought a hair dryer from a shop. is nothing faulty with the item but i am not satisfied because on the box it was saying that it is ‘suitable for all types of hair’ but is not suitable for my hair and i am not satisfied with the quality… can i take it back and claim a refund?

  • Natalie 18 October, 11:20 am

    I ordered something online that comes with several parts. One of the parts was broken. The seller said they are willing to replace it but would only include the replacement with my future orders to keep costs down. Since I wasn’t planning on placing any future orders, they therefore want me to pay the quite substantial delivery fee for the replacement. Is it really my responsibility to do so?

    • trickygj 20 October, 10:11 am

      Natalie

      They are responsible under SOGA to replace the part at no cost to you within a reasonable time. If they do not you can reject the goods and claima refund. The goods are not fit for purpose, of satisfactory quality or as described.

  • Christine Roche 18 October, 8:11 pm

    Hi,
    My daughter received a pair of Ugg boots from her boyfriend for her birthday from a reputable shop. They were the exact item she had wished for however when she opened them much to her dismay the boots are clearly two different shades ( I think one may have been left on display in a shop window and has faded in sunlight) and the fur in one boot has yellow patches. She was deeply upset and contacted the shop by telephone and explained the fault however they have said they could not replace them as they don’t have anymore in stock and the style is an obsolete item and the best they can do is offer a credit note or an exchange for a different item. She was so upset she started crying, her boyfriend had saved hard for these and paid £189.99, she asked for a refund and was refused point blank, the assistant saying it is the shops policy only to exchange or give a credit note and they would not take the matter any further than that and they hung up! She is so upset the boots aren’t wearable, they look odd, and she so desperately wanted this particular style for her 18th Birthday, what can we do?

    Thanks in advance for any advice.

    Kind regards,

    Christine.

  • trickygj 20 October, 10:09 am

    Christine

    The shop are completely wrong on this. The boots should be rejected under the SOGA 1979 as not as described/fit for person. They have to refund the price of the goods. Creit notes and exchange are only if you decided you changed your mind and didn’t want the goods.

    Go back, reject them and demand a refund from the manager stating your statutory rights unsrr SOGA. If no joy get the names and write in and give them say 10 days to refund or you will go to small claims court. Also, ring Trading Standards.

  • christine roche 22 October, 6:19 pm

    Hi,

    thanks so much for your helpful comments which supported me in resolving the issue satisfactorily.

    Kind regards,

    christine.

  • Dom 25 October, 10:14 pm

    Hi,

    I bought a TV from Asda, in June. It has now developed a fault, and wont play DVD’s in the built in DVD player. The only thing is I have lost my receipt, and of course Asda have said they will not do anything without a receipt. This is the one purchase I didn’t use my card for and paid cash.

    Is there anything I can do?

    Any advice would be appreciated.

    Thanks

    Dom

  • Selina 1 November, 4:17 pm

    I purchased my Herstyler Classic Zebra Straightening Irons on 7the December 2010 @ Birmingham Clothees Show Live for £60 withe a lifelong warranty. In June 2011 theey theen became faulty, not heating up etc..so I contacted Herstyler, but had no response.

    After 4 more emails going unread, I finallyreceived a response from from Yifat Oshri (yifat@mazalent.com) who informed me theere was no contact in thee UK, and theat I eitheer had to pay extortionate prices to return to thee USA, or return where I had purchased from (which in my case icouldn’tt) I was given thee US address to return to: 19849 Nordhoff Street, Northeridge, CA 91324, along withe $60 in thee form of cash or credit card details. However, on my warranty card, thee US address is different, 12626 Raymer St, Northe Hollywood CA 91605.

    Eventually, I come across UK info for Herstyler, and 4 monthes later (after several email complaints) they responded.

    Because I purchased theese Irons at the Clothees Show from a Herstyler Stand,at a discounted price of £60 instead of £159.95 they are not willing to help. They are basically saying I need to pay thee extra money if i want a new pair. The person I was communicationg withe via email was rude, ignored several emails which i then had to resend several times to be acknowledged.

    Where do i stand with this? Ive purchased new straighteners as it has taken so long, so i did ask them if i could just swap the faulty straighteners for curlers of the same value, but again, i paid less so they dont care.

    Please help!!

  • John D 7 November, 3:29 pm

    Hi,
    I bought a Samsung TV last year from catalogue (£999) which developed a fault after 6 months,was repaired but then blew again 3 months later,fixed again then blew 1 month later! after alot of phoning and days wasted waiting round for deliveries and pick ups they eventually replaced it with a Samsung 3D Tv (799).
    Low n behold 6 weeks later i turn it off n go to bed, come down in morning to turn it on…..Nothing!!Phoned straight away and said right from the start i was NOT wanting it fixed due to hassle,expense and unreliabilty of the last tv being fixed, they said to phone an 0845 number (again) who said they would come pick it up! So i phone back catalogue and explain this, replacement is ordered and all seems well. That is until the people who arrive to pick it up tell me they’re here to take it away to be fixed! i told them a replacement was on its way so they didnt take it! I phone catalogue and tell them this to which they say a replacement was never authorised and i need an authorisation code from another 0845 number! phoned and got one so phoned them back and was told it still wont be replaced but fixed and i now have to phone the people who were here 2 hours ago to come back and pick it up again!!
    I do not want this tv fixed, as i am not going through all the hassle and expense of unreliable fixes again and want to know where i stand with refusing a fix? i told them i will not be accepting it back when they fix it as effectively it is a refurbished tv at fullprice!

    Any help appreciated

    thanks

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  • Martin 11 November, 2:13 pm

    I’ve purchased a second-hand computer game disk from a local cash-converting-style shop which isn’t being read by the machine.

    Given that it was second-hand and a bit scratched when it was sold, where do I stand if I want to return it and suggest that its slightly scratched surface may be the cause of it not working?

    I do have the receipt!

  • Jack 14 November, 6:12 pm

    Recently i purchased a tub of protein about 14 days ago from an online shop, didnt bother checking it to recently due to it being a christams present and just wanted to look it. when opend the packiging there is a hole in the bottom of the tub. on the retailers website it states that nothing can be done after 7 days, but surely im entitled to atleast a replacement?

  • jez 14 November, 7:14 pm

    Hi, i purchased an lg blue ray player from blockbusters, when we got it home it didnt work. we took it back and they replaced it. 8 months later this blue ray player has stopped working too. We took it back to blockbusters and they refuse to send it back because we dont have the original box! They say we have to contact LG ourselves. Have emailed their head office and they wont reply. Surely this cant be right?

  • Darren 15 November, 1:39 pm

    Hi, I purchased a set of MOMO foot pedals around 2months ago.
    For a few weeeks the rubber around the bottom of the pedals has worn and its coming away from the metal.

    I expected these to last much longer than 2months and contacted the shop. They said MOMO want to investigate under a warranty situation.
    I have been advised to send the pedals back to the shop for them to send for inspection.
    I have told them that i cant drive without pedals and that a like for like swap be made, they cannot do this apparantly.

    Where do i stand with return postage and am i entitled to an exchange? At this rate ill have to buy another pair whilst i send these off.

  • Phil 17 November, 1:32 am

    Hi, i purchased a computer under a year ago from PC World, roughly the 17th of December 2010, 3 times this computer has broken down (different problems), once under 6 months, and now twice over 6months, but this is the last and final time that i send this off for repair. I Myself am an undergraduate at university, the repair is taking to long and i have work to do (15days so far), and i am tired everytime this computer breaks down (a HDD problem). This computer was brought online so do i have to go to a store for a refund (i dont see how) as i do not drive and the nearest store is miles away.

    Am i still entitled to a refund under SOGA 1979 because of these circumstance ?

    Many thanks
    Phil

  • Jan 17 November, 5:31 pm

    I have a samsung camera IT100 that has stopped working. This came with a two year warranty. this was bought through amazon. Samsung sag amazon buys out their warranty. Amazon said it’s samsungs responsiblilty. This warranty expires in December so I am keen to know who is responsible. If anyone. This item has been well looked after and has not been mistreated.

  • Gareth Johns 19 November, 1:58 am

    Hi, here’s a tricky one for you.

    I recently purchased an airsoft (like air-rifle) body kit that required some minimal construction out of the box.
    Some of the construction is irriversable and also has led to some minor cosmetic damage, but nothing that isn’t acceptable as part of the construction.
    Now that it is constructed I have discovered the product is not fit for purpose due to an alignment issue with the design/build of the product. I have done some cross checks with other body kits I own to ensure that it isn’t down to my construction abilities and it is an issue with the actual product.
    However, because the product is matt black, the scratches show up the silver underneith and I’m worried that they will not accept the return due to this and the fact that some of the construction is irreversible.
    So my tricky question is…
    Can I return an item that is not fit for purpose if I have damaged it in the process of discovering that it is not fir for purpose?
    Kind Regards
    Gareth

  • Erica 21 November, 4:14 pm

    I purchased a pair of boots online however when i received them there was a number written on the side of the boot in small writing. I tried to remove it but could not. I informed the shop and they said they would send a replacement straight away and include postage to return the damaged goods. In the mean time however I wore the boots several times. I told them about this as I became unsure whether I was allowed to do this. They replied to tell me that since I had now worn them a replacement or refund cannot be given as I have accepted the goods and the manufacturer cannot repair the boots for resale if they have been worn.

    What are my rights? Do they have to replace them/refund me? Or did I mess up by wearing them?

    Many thanks for your help.

    Sara

  • Marie 23 November, 12:37 am

    Hello,

    Please help.

    I bought a DeLonghi ESAM6600 Bean to Cup Machine a few days short of 2 years ago. The warranty is for 2 years. It was a very expensive machine at £695 and I think it is reasonable to expect the machine to last several years. Recently, the coffee being make is lukewarm, not hot anymore. This is also negatively affecting the flavour and strength of coffee being produced from the beans so the beans are being wasted. Every now and then (randomly sporadic), the machine stalls for a considerable period of time with the electronic reading reporting it is heating up so I’m very concerned that the heater (or part responsible) will fail completely.

    2 Questions:

    As the machine did not appear to be defective to begin with and only recently began to fail to heat up properly will this be seen as a defect by the manufacturer or will they claim this is wear and tear? The machine has not been overused, I am the only person regularly drinking coffee made with this machine apart from the very occasional coffee made for a visitor.

    As the warranty is for 2 years (repair or replace free of charge any part of the appliance found to be defective) can I ask the seller (Amazon) to take this machine back to deal with this problem? It would be very expensive to deal with packaging, shipping and communications with DeLonghi Service Centres. This machine cost a lot of money (for me its a once in a lifetime buy at this price) and I can’t afford (or feel I should) spend a lot more money and time trying to have this machine’s problem dealt with.

    As the warranty is due to expire in a few days, I would appreciate any guidance that will help my situation.

    Thank you very much for any clarification and advice you are able to give,

    Marie

  • p 25 November, 3:52 pm

    Hello, I bought some flat pack furniture (chest of drawers and large wardrobe) which had a lot of minor defects and a lot of parts were damaged.
    The seller replaced all the listed parts without quibbling, but when they arrived two parts had similar or worse damage, and one was just wrong (other parts were ok, but not perfect).

    When I told the seller about it, he responded that there would be no pleasing me and please return everything for a full refund … but I have to pay for return.

    I’d already built the chest of drawers, and have a tonne of other parts for the wardrobes. It would take a lot of time to break down and repackage everything. Ages. I don’t want to return anyway. I want the correct parts, delivered undamaged.

    Can he choose not to replace just because he doesn’t want to?
    Can he claim that I have to cover any of the costs of return?
    Can he put me to that level of inconvenience when it doesn’t even seem he’s prepared to try to replace the parts?
    He won’t even discuss it and hasn’t even asked to see pictures of the damage (which is considerable).

    I’m really annoyed about how I’ve been treated and I’ve done nothing wrong. I just want undamaged parts.

  • Amber 26 November, 9:36 pm

    Hi I bought a kettle toaster set from homebase at the end of december last year (2010) Today the kettle switch has broken and nearly blew up and has soaked my whole kitchen and walls! which now needs to be re painted! I do not have the receipt however i do have the box I think… what are my rights?

  • Peter B 27 November, 2:23 pm

    My Father purchased a Mattress online and after a couple of days use, found the mattress to be faulty. After getting out of the mattress, there was clear outlines of both my mother and him since left imprinted, despite it being an Orthopedic Firm Pocket (not memory foam) Sprung Mattress.

    He attempted to rectify the situation, by emailing the company and despite sending them 6 pictures which clearly showed the indentation occurring, which after a fortnight is now causing him more back pain than his previous mattress. After chasing them further on the phone, they have now said that the manufacturer has looked at the pictures and stated they find no fault apparent and therefore we are not entitled to a refund. They as the Retailer feel they are not responsible and will only suggest ASKING the manufacturer to POSSIBLY send someone out to look at the mattress in due time??

    Where do we go from here? We tried calling and emailing and can’t seem to get a result. Can anyone help us?

  • Bruce Henderson 28 November, 11:35 am

    I recently had a problem with a four year old Tempur mattress. We found ‘cracks’ in the memory foam when we removed the cover for washing. I too sent photographs.

    They arranged for a technician to visit from FIRA ( http://www.fira.co.uk/ ) they are: The Furniture Industry Research Association. This may be a line you wish to pursue asking your retailer to contact them or do it yourself.

    Tempur were very good and it has been replaced.

  • Jason 28 November, 9:33 pm

    I purchased a iPhone online from tesco on the day I received it I reported a fault to tesco this fault continued along with network problems. Tesco tried to right the problem with tech support and new sim card now 30 days after receiving the phone they have agreed the phone is faulty. They say all they will do is repair it as it is more than 28 days from ordering the phone, I have asked for a new replacement phone which they will not agree to, to add insult to injury they will also not provide a replacement phone whilst they try and fix the faulty one.

    Do I have any right to a replacement as the phone was faulty when I received it and I informed them of this the day it arrived.

  • nichola b 29 November, 8:31 pm

    i bought a laptop 2 months ago from a pay weekly representative this is a brand new acer laptop sealed in manufacturers packaging. The charger port was defective immediately. I made the rep aware of the fault after a 2 weeks of badgering him to fix it he gave me the acer repair centre number and said i had to call them. I did and arranged collection with them and was told if its faulty there will be no charge they sent me an email containing instructions for the ups courier etc. I packaged the laptop in its original packaging- polystyrene supports inside a tight fitting box inside another box and secured it! After a few days i receive a letter stating the fault and it has been fixed free of charge but with a further quote for a lap top screen! as mine is now smashed!! i called about it and was told to either pay £103 for the screen or £55+ assessment fee and vat(unknown cost) to have it delivered without repair! What are my rights?? any help will be appreciated, thanks

  • VIcky Ross 30 November, 7:30 pm

    Hi everyone, i bought a jacket cash about 3-4 weeks and have NO receipt. The zip is now faulty. Can i take this back to the shop (USC) for an exchange. I just didnt think to keep the receipt. The jacket was £72 so presumed it would be of good quality. Vicky

    • Ed 2 January, 1:00 pm

      HI Vicky,
      You may get an exchange honoured but if you do it would be a result of their goodwill.
      In this situation jump as high as you can by speaking to supervisor or manager as you are more likely of a result as a rep will just reiterate no receipt no return.
      Ed

  • Kate G 7 December, 3:29 pm

    Hi there, I bought a bracelet online. shortly after it broke – and was sent back to the shop to repair. It came back fixed, and the first time I wore it, it broke again and is now stuck underneath the floorboards at work. Work say they cannot get this out – and the retailer say they cannot refund unless the item is returned to them. I have offered to send them a picture of it stuck through the floor – but they will not accept. Do I have any rights?

    • Ed 2 January, 1:08 pm

      Hi Kate,
      Firstly has your situation benn resolved?
      I assume it is repair or replacement you are after?
      What is the time line of events?
      and the big question is it still stuck?
      Is advice required for approaching employer with regard to loss of your property?
      Ed

  • specula8or 9 December, 11:05 pm

    My daughter bought an in car DVD player and screens online from second hand goods shop Cash Generater Chesterfield on delivery she opened the packaging which wasn’t sealed but in bubble wrape she pluged in the player and found the screen was cracked and bleeding internally, she then phoned the supplier and they said she would have to pay for the postage back and on recieving it they would give her a full refund and for the postage for the returned item, she also wrote a letter which she put inside the packaging. The next afternoon my daughter rang Cash Generater and they said that an engineer would inspect the goods we then phoned on a number of occasions finally a Mr Nigel King rang and said she would not be getting a refund and not to contact them again unless she wanted the damaged goods back the item cost £104 including postage and £23 for the return postage back to them. Mr Nigel King Manager of Cash Genarator said surelly you must have seen the screens were damaged before you opened the packaging. Can anyone help the recieved goods wasn’t sealed but just in bubble wrap.

  • Andy 10 December, 11:28 am

    Hi,
    I purchased a bed on 30th June 2010. The bed has had 1 repair and last night the same part broke again. The bed was approx 8 months old at this point. Also a central beam cracked around 2 weeks ago. The retailer have said that the bed is out of warranty and any repairs would have to be paid for. I have quoted fit for purpose laws but they will not budge. I have lost faith and confidenece in this product and have requested a refund, which the retailer is refusing. Surely a bed should last longer than 18 months?

    As an aside Im sure the slaesperson said when purchasing the bed that it was guaranteed for 2 years, the manager is claiming that this is not the case.

    The bed was bought using a credit card and I have contacted the credit card company who say their liability is only for 100 days, is this true?

  • David O 11 December, 9:47 pm

    Ha all, hope you can help.
    I purchased a Sharp dual tuner hard disc digital TV recorder from a well known wholesalers (begins with M, ends in O with an ACR in the middle). It was quite expensive for a digi box, in excess of £230 and that was on offer. After 15 months it has now failed. I have taken it back to exchange or repair it saying it was not of reasonable quality to fail after such a short time. They are trying to avoid any action saying because they are a wholesalers and not a retailer they are not responsible, are they right? I would say not as they are still a trader. Any advice gratefully received.

  • Emmanuel 20 December, 1:27 pm

    Help. Twice I have bought wines from different internet wine merchants only to discover that the wrong wine was shipped to me. The first merchant claimed that the Wine distributor in the UK was in the process of phasing out the wine advertised on the merchant’s website (Reserva) and was been replaced by “a similar” one (Selection). I thought that was a tenuous excuse and ordered same wine advertised as Reserva on a second merchant’s website. Alas, the second one also shipped the (Selection. I have emailed the second merchant to protest at what I consider “selling good under false pretences”. Why was the wine advertised on their website as a Reserva (with a picture) but sold on as “Selection”? I am still awaiting a response. What recourse doI have under UK laws to either get a refund or have the right wine shipped to me? Thank you.

  • GORDON WHITTAKER 21 December, 11:36 pm

    Hi
    We have just purchased a shower cubicle, we were invited to inspect the unit, but with the size of the cubicle it was impractical to inspect every part, with all the bubble wrap,
    When the installer tried to fit it, he unwrapped it and found a small dint in the chrome rail, where do I stand
    Cheers

    • Ed 2 January, 1:27 pm

      Hi Gordon,
      Where did it get inspected?
      Is it a manufacturing fault or damage to the chrome?
      It may appear damage but may well be manufacturing fault. If it is manu fault then you are more likely to get it exchanged.
      If it is clearly damage then technically you will only get it replaced through their goodwill.
      Ed

  • john 27 December, 4:19 pm

    my daughter bought a pair of shoes from schue with her xmas money. she left the shop and was walking to the train station and the paper bag they used burst at the bottom without her relising. and alas she lost her 45 pound pair of shoes. i contacted schue and they said phone the police. is there anything she can do

  • James pidgeon 28 December, 3:22 am

    I bought beats by dr dre headphones in the begining of april from HMV for £150 they were working fine up until a couple of weeks ago, when the right headphone completely stopped working and the left headphone had next to no bass….this problem is still apparent and i want something done about this, i had doubts about the durability of the headphones after the first month when i realised that they are easily scratched and the fact that they constantly need fall out of my ears. I am just wondering is it possible for me to go back to the store and ask for a refund? It hasn’t even been a year yet and they are useless now, what are my options? Thanks for your help.

    • Ed 2 January, 1:36 pm

      Hi James,
      From what you say here it seems a refund is not eligible.
      Although you mention a fault for which a repair or replacement may be in order.
      Ed

  • James 28 December, 10:23 pm

    Hi,I bought a 3dtv on the 8/9/11 and the 3d mode is not functioning as it should.First time I went back,I was told I needed a £100 hdmi cable(which is utter nonsense).I have since been back in 4 or 5 times and also contacted customer services,only to be fobbed off with ”it’ll have to go in”…Now this is impratical as I have only 1 tv,so would be sat staring at the wall,all the while still paying my cable bill.I was then told I could get a loan set if I was on a premium insurance,which I wasn’t even offered at the time of purchase.Can anyone suggest the best thing to do as I’m on the verge of taking it back and taking another off the stands.

    • Ed 2 January, 1:43 pm

      Hi James,
      Your better off taking three deep breaths than taking one off a stand as this will get you as far as a cell with no tele.
      From your description of events they are honouring your rights as a consumer and offering to repair or replace.
      Ed

  • Martin 31 December, 1:52 am

    Hello. Very interesting read so far. Thanks for any advice you can offer me on the following:-
    I run a shop and sell garments, mostly hoodies, printed to the customer’s specification. I have, therefore, added value to item. Occasionally customers wish to return goods and expect a replacement or refund. This may be due to a fault with the garment’s stitching, or perhaps a zip breaking after sale or even because they requested the wrong size for someone else.
    When this happens, I do usually replace items – but at a very high cost to myself.
    I am under the impression that, because I have printed on the garments, I am no longer entitled to return them to my clothing suppliers – for either repair or replacement – please correct me if I’m wrong!
    I take pride in what I do and put a lot of time and effort in to perfecting artwork to be applied for the customer, but when such problems occur (through no fault of my own) I tend to be the one who loses out – both financially and with time spent applying the graphics again.
    Is there anything you can suggest, either to prevent it from becoming my problem, or which might cover the cost of having to do the work twice?
    It’s a tricky one, but any legal advice would be very much appreciated. Thank-you

    • Ed 2 January, 3:08 pm

      Hi Martin,
      This is interesting one with some questions to be asked.
      What is the relationship between you and your supplier/manufacturer? Reason I ask is because company I once worked for when a fault occured with an installed product due to their manufacturing our costs of replacement were covered.
      Silly question: Do you check your garments for faults before printing? therefore reducing the chances of returns. I appreciate faults occur post supply but with the garment being checked and knowing the quality of goods supplied with your service you can in turn offer a ‘reasonable’ period within your returns, cancellation and faulty goods terms.
      What are your terms and conditions? Are they ‘reasonable’?
      Is this a non-for-profit company? ;)
      Is it purely supply printed garments? you don’t supply plain garms?
      Do you offer to print on customer supplied garments?
      Look forward to your reply
      Ed

  • Jennifer 2 January, 6:22 pm

    Hello,
    My husband and I bought a super king sized feather duvet from John Lewis some time ago (over a year) and subsequently have bought several sets of super king sized bed linen from John Lewis, each of which doesn’t fit the duvet.

    The bed linen always seems much larger than the duvet itself, we assumed it was us purchasing the wrong sizes. Finally we measured the duvet which is actually a king size (200x235cm) not a super king size (220x260cm) as the label stitched in suggests. So the wrong label has been attached to the duvet by the manufacturer.

    We spoke to JL who said that without proof of purchase (which we’ve long since thrown away) they would only be able to offer a discount on purchase of the ‘correct’ size bed linen.

    I explained that we have a super king sized bed and simply measuring the duvet will show the discrepancy between the label and it’s actual size, which in our eyes indicates a manufacturing fault.

    What are our rights given we have no receipt but clearly the product labeling is at fault? Can we insist on a super king duvet as a replacement or do JL have no obligation to us without a receipt?

    Thanks

    Jennifer

    • Ed 2 January, 10:08 pm

      Hi Jennifer,

      Sorry to hear this, there is nothing worse than an ill fitting duvet in winter.

      This is one of the classic lines from retailers, no receipt – no refund.
      As long as you can prove that you purchased it they have to take appropriate action. This could be proved by way of card receipt, bank statement or maybe even the word of a witness when the purchase took place.

      Are you going to be able to prove this purchase?

      Regards

      Ed

  • Ed 2 January, 10:08 pm

    Hi Jennifer,

    Sorry to hear this, there is nothing worse than an ill fitting duvet in winter.

    This is one of the classic lines from retailers, no receipt – no refund.
    As long as you can prove that you purchased it they have to take appropriate action. This could be proved by way of card receipt, bank statement or maybe even the word of a witness when the purchase took place.

    Are you going to be able to prove this purchase?

    Regards

    Ed

  • Phil Bettley 4 January, 12:44 pm

    We purchased an expensive Canon camera from an online retailer on 8th December as a Christmas Present for me. It was not inspected on arrival, but simply wrapped by my wife ready for Christmas Day. The box had a small dinge despite asking for extra packaging from the retailer.

    I unwrapped the camera on Christmas Day but did not open it until Boxing Day, and then did so wearing ‘kid gloves’ as that is what I am like. I fitted the strap and battery, took a couple of photos and then noticed a flaw in the end of the lens housing, where a bayonet permits the addition of filters and lens hoods etc. The rim is malformed.

    I contacted the retailer by email immediately and they asked for photos. After hearing nothing, I contacted them again and they replied to say that they had contacted Canon who say that such a fault could not have happened during manufacture. Due to the extra packaging I had requested, they said they had opened the camera to check it before despatch.

    They are implying that I have damaged the camera, even though at close inspection it’s pretty clear the fault couldn’t have been caused by a knock. They have not offered to inspect it and are not willing to offer a replacement or a refund.

    I have put the transaction into dispute with my credit card company, but wonder what other action I should take. Nothing as blatant as this has ever happened to me before.

    Many thanks,

    Phil

    • Ed 6 January, 5:10 pm

      Hi Phil,

      Was it signed for as checked when you received?

      You mention flaw and malformed, is the flaw a dint? how is it malformed? out of shape due to the factor which caused flaw?
      You also sound confident that it doesn’t appear to have happened due to a knock.
      Do accessories still attach and perform seeing as malformed?

      Ed

  • Amanda 4 January, 3:50 pm

    I have just received a mouse from a subseller on Amazon.co.uk – the mouse arrived today (though ordered on New Years eve delayed delivery due to Christmas hols) and it wouldn’t work (as I do PC support for a living, I did more than most home users would be able to, to try and get it working – except opening it up and fiddling, Im not that silly!).

    Before doing research (silly me) I contacted the seller and advised of the problem, and they told me to return the item to them to be tested for a fault. When I replied about refund of postage costs to return it to them, they replied only if its faulty.

    However, my gut is tingling and I really want to just return the item and get a full refund – am I able to request this now, after I have informed them there is a problem with it?

    • Ed 6 January, 4:57 pm

      Hi Amanda

      You can exercise your right to cancel this order and receive a refund as long as you are within the min seven days since receiving your order. The period may be longer than seven days depending on sellers T&C’s for cancellation.
      Did the seller state that ‘buyer pays postage on returning goods’?
      When they don’t state this they pay but when returning faulty goods seller pays for return postage no matter if it says ‘buyer pays postage on returning goods’.

      Ed

  • Donna 5 January, 3:29 pm

    Hi – in 2008 I purchased a shower valve which has since become faulty. It is covered by a 5-year warranty but the manufacturers say they cannot help without a receipt, which I do not have a copy of.

    I have contacted where I purchased the item from, who have apparently had a new system implemented and hold no historical records before 2009 (not sure this would even be legal) but they do have an order confirmation. They are sending this through to me as my proof of purchase, but according to the manufacturers this is not good enough.. everyone is passing the buck – surely my 5 year warranty is still valid?

    Thanks,
    Donna

    • Ed 6 January, 5:28 pm

      Hi Donna,

      You should be dealing with your supplier not manufacturer with this repair/replacement claim as it is they who you entered contract with. Besides this would make it easier for you when it comes to proof of purchse as from what you say they are going to give you a copy.
      Doesn’t have to be suppliers reciept for proof of purchase as long as you can prove it.
      Once you have your proof of purchase to hand and ready to raise the repair claim remind them that they have a duty to carry out repair/replacement in a reasonable time.

      Keep us posted

      Ed

  • Sharon 6 January, 11:53 am

    We got a leather sofa and two chairs delivered from DFS on 23rd December. During the Christmas period we noticed the sofa was creaking and was softer than expected. We waited until after the holiday to report this. They sent out an upholsterer who said yes the creaking means there is a fault in the sofa, but the sofa is designed to get 25 percent softer in the weeks after delivery. He also noticed a scuff on the back corner of the sofa (we had not noticed this as the sofa was put straight into position against a wall when it was delivered. He wanted to open up the base of the sofa to check it out/repair it. I said no if he is agreeing that the sofa is faulty I want the sofa replaced. He left saying that was within my rights and at he would contat the manufacturers.
    Got a call from the upholsterer today he said DFS and the manufacturer want the sofa examined and if possible repaired.I got the impression from him that the time delay in reporting the fault may be made into an issue. What are my rights here? Must I allow the repair or can I insist on a replacement?

    • Ed 6 January, 5:34 pm

      Hi Sharon,

      They can do whichever is cheaper for them as long as the end result is satisfactory; repair or replace.

      Ed

  • Phil 6 January, 6:21 pm

    A fault represents a breach of the Sale of Goods Act 1979 in that the item (sofa in your case) was not fit for purpose. I do not believe that a repair should be accepted. You are entitled to rescind your contract with the retailer and ask for your money back or a replacement. A repair only comes in to play once the item has developed a fault that it shouldn’t have done, after reasonable use, not NO use. That’s what my research tells me, for what it’s worth. Regards.

    • Ed 6 January, 9:33 pm

      Phil,

      Since when does a fault mean not fit for purpose? You must be confused with satisfactory quality.
      Yes agreed Sharon would be entitled to a refund in these circumstances although Sharon’s question about repair and replacement.

  • Lisa 6 January, 6:59 pm

    I bought a heater at the start of the winter from Argos which recently broke. It had always been quite flimsy and delicate and so was hoping to get a credit note so I could buy a different one as the model was clearly of poor quality despite it’s price. However when I returned it with the guarantee and receipt, the sales person told me I was not entitled to a credit note, only a replacement of the same model. Would I have been within my rights to insist on a credit note?

  • Noel 6 January, 8:38 pm

    Hi – In August 2011 I placed an order for a matching wardrobe and chest of drawers online. The chest of drawers were faulty, and despite receiving several replacements, and replacement parts the item remains incomplete. I have now told them that if the item remains incomplete on receipt of the latest replacement part they are sending to me, that I will expect a return and full refund. Am I within my rights to return both items as the store has failed to fulfill the order?

    Thank you,
    Noel.

  • Vi 7 January, 1:29 am

    I purchased an exercise bike from Argos last May. It’s only been used for gentle exercise and it’s been looked after exceptionally well. However, it’s recently developed a fault. The pedals give a violent jerk while cycling, making it impossible to use. I have proof of purchase and as I haven’t had it a year, I should be able to get a repair or exchange from Argos. However, they say I have to take it in to the store where I purchased it. I haven’t a car and so I’ll have to take a taxi (it’s about 30kgs). Do I have to cover the cost incurred returning this item?

  • Julie 7 January, 9:36 am

    Hi
    In December 2010 we purchased two Delonghi heaters and one of them burnt our sockets, unfortunately my partner thought it was the sealed plug on the heater and removed it and replaced it with a normal plug to try it, it still didnt work, I found the reciept but have not yet returned it as the plug was removed and they would probably not refund it because of this. We now have found that our other exact same heater has over heated at the plug and burnt our sockets and has now died on us. These heaters are under a ten year guarantee. Would I have a right to be refunded for both heaters as they are a safety hazzard, we have both reciepts

  • Diane 8 January, 5:14 pm

    I purchased a glassware item which was not susequently packed in protective packaging.. just after i left the shop a person caught the bag ..( not violently ) and the delicate item shattered.. should the shop offer an exchange due to lack of packaging.?

    Thankyou

  • GARY 9 January, 6:42 pm

    I PURCHASED THROUGH AMAZON A PAIR OF SKULL CANDY EARPHONES. THE ORDER WAS FULL FILLED BY I HEADPHONES. THE ORDER WAS PLACED ON 25TH NOV.
    THE EARPHONES WERE GIVEN TO MY SON AS A XMAS PRESENT AND THEN CEASED TO FUNCTION 4 DAYS LATER. BECAUSE OF XMAS WE COULD NOT CONTACT I HEADPHONES UNTIL 4TH JANUARY 2012. AFTER NUMEROUS E MAILS WITH NO RESPONSE I WAS FORCED TO PHONE THEM. THEY STATED THAT BECAUSE MY COMPLAINT EXCEEDED THEIR 30 DAY RETURN PERIOD I NOW HAD TO RETURN THEM TO A SKULL CANDY DISTRIBUTION CENTRE IN CHELTENHAM RECORDED DELIVERY AND I HAD TO PAY FOR POSTAGE, WITH NO RE-IMBURSEMENT.
    SURELY AS THE EARPHONES WERE FIT FOR PURPOSE ANY RETURN COSTS SHOULD BE PAID BY SKULL CANDY.

  • Dale 9 January, 10:29 pm

    Are you serious
    How can you suggest that the retailer only replace the affected part of the carpet?
    Cutting a chunk out of a new carpet and replacing it would look even worse and is certainly nothing any sane person would ever accept as appropriate recompense. It’s not like were talking about replacing a faulty component here, it’s a whole carpet not carpet tiles!!!

  • Mark 9 January, 11:24 pm

    Hello,

    I have spoken to John Lewis regarding an Apple iMac that I bought at the end of August 2011. The problem is discolouration in the top left hand corner of the screen which is progressively getting worse. They advised me to go to Apple which I have and now reading the comments, I realise that I should have dealt directly with John Lewis.

    After the staff at Apple asked if I smoked, the computer was near a wall or if I cleaned the screen with any liquids (It felt more like accusation rather than troubleshooting) they have agreed to fix the computer which will take about a week. My concern is after ready a number of forums, this seems to be a common issue and the fix appears to be temporary in many cases. As you can appreciate, I do not want something this expensive to be fixed only to reappear in another 4 months running the risk of being charged for a repair. I would be happy to exchange the computer for a different product, is there any chance of me getting John Lewis to do this? I have all original packaging, receipt and apart from the fault described the computer appears as new.

    Some examples of the forums are: https://discussions.apple.com/thread/2300580?start=0&tstart=0
    http://www.philmug.ph/forum/showthread.php?t=60611&page=2
    http://forums.macrumors.com/showthread.php?t=861355&page=2

    Thank you for any comments regarding this.

  • Dave 10 January, 10:18 am

    Hi,
    What is the law regarding defective goods when purchased by one business from another ?
    Example, vehicle repairer (garage) purchases a part from a parts supplier, on the reverse of the invoice for warranty claims it states that “You must contact there agent” – in this case the manufacturer.
    The agent then stipulates that the whole vehicle is returned to them for there own technicians to carry out investigations to prove whether part is faulty or not, not uncommon for this to take 2-3 weeks which is highly inconvenient to not only the garage but also the vehicle owner, if part is proven faulty, they will either replace or repair. If not, they will make “reasonable” charges
    It also states that “this condition” is in addition to your other rights relating to defective goods”
    quote “These conditions do not affect other rights granted by law that cannot be excluded”

    Thanks
    Dave

  • wendy moffat 12 January, 12:57 pm

    bought plastic hut 6by4 from BQ 6months ago this winter winds tore it apart when i called they say i have no rights as its mother nature but my wooden hut was not damaged the plastic part were u screw nut has riped at each one to me not made good do i have any rights

  • Ciara 12 January, 4:04 pm

    I bought a laptop from Currys, 30th Dec 2011 and reported a fault with the left click mouse button one week later where I was informed that I would be given a replacement once I took it back to where I bought it. However the laptop is no longer in stock and will not be coming back into stock as it is no longer being made. Currys have now offered me a different laptop that is £80 more than what I paid for my laptop and has considerably lower specifications. What are my rights? Do i have to pay this excess or should i be receiving a laptop of similar spec with no extra charge?
    Ciara

  • Will 12 January, 8:52 pm

    I purchased a floor lamp from B&Q along with a matching bulb a week ago. The lamp had a defective shade and I was told I had to fully disassemble the item and bring it back for an exchange or refund. I therefore disassembled the item and brought it back with the receipt for a refund along with the bulb. They told me that I am not entitled to a refund on the bulb. I feel I was inconvenienced as I had to disassemble the floor lamp and make an additional journey. It’s purely a matter of principal as I feel companies like B&Q make huge profits from low quality items at the customer’s expense. I was told by the supervisor however that B&Q was not willing to make a loss on an £8 bulb so I assume this principal does not work in reverse?

  • JJ 14 January, 4:15 pm

    Hi,
    My partner has recently purchased a smart-phone from 3store. Within the first two weeks of purchase a fault became apparent. The phone stopped charging altogether. baring in mind my partner bought the phone outright for £500.
    The store offered to send it away for repair, to which we agreed and subsequently waited for the 10 days it supposedly took to come back. The ten days expired and a letter was received stating that the phone was damaged by the customer and this was not covered under warranty. This is incorrect as my partner hardly took the phone out of her bag before insuring it, (something she plans to do at a later date).
    3 have offered to send the phone back to my partner but at a charge of £30. This, I believe, is outrageous! The phone cost £500 and we were assured that after sale it was my partner’s property. A factor which seemed instrumental in the sale of the item.
    As it stands my partner has parted with a large sum of money and her phone, both of which 3 are in possession of at this moment in time and are seemingly refusing to send it back without further payment, repaired or not!

    Please help us to resolve this matter! Is there anything we can do in terms of getting a refund or an exchange for a new, working phone?

    Thanks,

    Jake

  • Darren 17 January, 9:47 am

    I purchased a washing machine from a website and have had it delivered, I have unpacked it only to realise that I ordered the incorrect machine, it is within 7 working days, if it is unpacked but not used can I still have it returned without inuring any penalties?

    • Sarah 1 February, 12:45 am

      You can ask them, but I don’t think they have any obligation to do anything, as it is your fault you ordered the wrong one. If they sent you the wrong item, then they would be responsible.
      An error on your part, is not their responsibility.
      They may change it, as a gesture of good will, but possibly charge you for delivery/pick up. But like I say, it depends on how obliging the company are.

  • Marisol 20 January, 11:43 am

    I went out of my way to purchased a new television during a store January sale. The store provided me with the product in a box.
    I transported and assembled the product very carefully in the evening.
    I tried the product by turning on, tuning channels and watched the evening news -only using the remote control. No one apart from me cam e close to the television. In the morning, I had a closer look at the product and realised that it had marks at the bottom, just below the screen and where alternative controls are placed.
    There were several little light scratches as it originated from use of these commands. I then noticed around four larger scratches near them and a couple on the side of the television.
    I called the store’s customer service who said that they do not sell second-hand goods playing down the evidence I found. He said I can come to the store to get a replacement or have it collected for inspection by couriers at a cost of £30. They normally only charge £10 for deliveries. After I reported the problem they doubled the price of the model?! What could be going on? I believe that I am entitled to a replacement and should not have to pay more than the cost of a delivery for it to come to be and be replaced. I’d welcome suggestions on best course of action.

  • Julie 20 January, 2:35 pm

    Hi
    I purchased a Gas generator from a company which was delivered on the 20 Dec 11. The machine was conected to be used as a mains supply on a new build which is currently off grid. Within 24hrs the machine was popping and cutting out. I tried too contact the sellers after Christmas bank holiday to report the fault and left answer phone messages. I finally made contact after emailing the company asking for a refund. He seller offered to repair it and stated that it was his right under consumer law. I agreed and he came out last monday. The fault was diagnosed as the diaphram and he said that there was some plastic in it. Upon questioning he said it could of been from the maunufacturing or gas fitters tape. within a few hours the machine started clanging again and stopped working. I contacted the seller who then contacte the manufacturer. He then called me saying that the diafram must now be sticking.I told him that it was not fit for purpose and I wanted a to return the product and get a refund. I have had to throw away gone off food and have been without a water supply as it is pumped from a borehole. The seller said he would ring me back and as this has not been the case I have emailed and left telephone messages.Can I just send the machine back by courier and what are my rights regarding refunds/compensation

  • efe ebelo 20 January, 10:48 pm

    Hi, i bought a men suit from Moss Bros in Bluewater in October 2011, i took it abroad and unfortunately it did not fit. i called the shop within one month to notify them of the problem and the attendant i spoke with said i could return it. i did tell her i would not be in the UK until January 2012 ans she said it was fine. i came to the UK last week and took the suit to the shop but the manager refused to refund me even when i had a receipt, his excuse was that the suit needed ironing. what options do i have and what can i do? thanks

  • emma 25 January, 2:04 am

    Hi….quickly shopping in a select store (clothing)i purchase some jeans…but didnt try them on as i was in a rush… i asked the assistant if the items could be returned if they didnt fit and was informed that i could have an exchange or a credit note…. she stated because it was a turkish company this was their policy and because there were fitting rooms at the facility they could do this…. please advise

  • hannah grainger 25 January, 2:34 pm

    I bought my daughter a second hand blackberry mobile phone £90 and because it was for christmas she didn’t use it till then and it kept locking up and the screen going white ,as well as a broken speaker,I took it back he repaired the speaker and said he done the software on it as well ,A few days later I had to take it back again because it was doing the same thing,he flashed the software on it again, but that still didn’t solve it,I took it back a third time and asked for either a swap or a refund he told me he doesn’t do cash refunds and because he has no other blackberry phones in she has to wait till he does,so in the mean time my daughter has no phone and god knows how long she has to wait for one,can you offer me any advice on this please .thank you

  • nicola pittam 25 January, 6:39 pm

    HI, I bought a single divan bed mid november ’11 for my 19 year old son, the bed base collapsed 2 weeks ago when he got in it, on inspecting it the frame is only held together with staples?? I have contacted the place where it was bought, through Amazon, but they are giving me the runaround firstly asking for photos of the damage, which i sent straight away, then they said I had to have it returned? (cant exactly take a bed to the post office for return?) now they are saying ‘how do we know the bed has not been jumped on?’, and as it is more than 7 days since i received the bed it is out of their hands and are blaming amazons rules of sale? I am sick of this now and my son has been sleeping on the floor since this happened, Please can you help??

  • steve 26 January, 8:22 pm

    hi,

    i ordered 2 car chargers for my phone on amazon but from a marketplace seller. they arrived, but both were faulty. i contacted the seller who said send them back for a refund, i then asked about them paying for the return postage, they said yes and said to use 2nd class. i sent them back (still got the receipt), after 6 weeks and nothing from them i enquired and they’ve said they haven’t received them, an until they do, they wont refund me. i’ve said my duty of care was up to me posting them, they’ve said it’s amazon policy not to refund until the items are returned.

    cheers steve

  • Paul Sheldon 27 January, 5:24 pm

    Hello,

    I purchased a set of cctv cameras recently from a company on the internet called iviewcameras.co.uk. I received the cameras a few days later and tested them out. I found that there was a lot of interference on the picture being transmitted from the cameras which were wireless ones.

    I contacted the company and asked for some technical support to try and get them working as they should. I tried positioning the cameras in different locations and even in the same room as the receiver, only to find the picture the same.

    I looked in the manual that came with the cameras for help and there was a section in there saying that you can alter the channel on the cameras if you get interference. I checked on the camera for a way of altering the channel and there was none. I advised the person in their technical support department of this and he told me that the manual is a generic manual and obviously not for the cameras that I purchased.

    I was given a return reference to return the cameras for testing by the company and returned them shortly after. I had an email on the 16th January saying that they have received the cameras and they would take up to 48 hours to test the cameras and would update me. I heard nothing by 25th January so I gave them a call today only to be accused by an engineer who tested that that ‘I snapped a wire off them’ and ‘the antennae’s are broken’ and I have tampered with them and they are returning them to me. I displayed my disgust to the company who accused me of such things and wanted to take the matter further.

    I have now emailed their complaints department and thought you might like to know about this poor service to me too and is there anything you can suggest I can do next??

    Regards

    Paul Sheldon.

    • Paul Sheldon 27 January, 5:57 pm

      To add further insult to injury they have accused me of:-

      Dear Mr Sheldon,
      Thank you for your email dated 27 January.
      The antenna has been cut open and the wire has been exposed.
      This is classed has user damage and the cameras will be returned to you.
      Kind Regards

  • carol 28 January, 12:43 am

    Hi I purchased a 4 seater settee and a 3 seater settee and a love chair from a well known furniture supplier in Ormskirk. The cost was around £3.100 in March 2010. With 2 year guarantee.
    It has developed a number of faults, collapsed cushions (replaced several times) broken zip (taken away and fixed) material coming away from love chair (material ordered and redone as cut short by manufacturer.
    Now again we need the interiors of cushions replaced as they have collapsed again.
    We are really upset by this because when the interior cushions begin to collapse it starts to affect the material of the cushion and it begins to wrinkle and wear, it looks very worn.
    For most of the 2 years there has only been myself and husband using it.
    Consumer direct have told me about the sale of goods act 1979.
    So we sent them a letter, stating it was not fit for purpose etc listing faults.
    They have replied saying it is now nearly 2 years old, they will replace the interiors because we where not satisfied (it was not because we where not satisfied it was because they collapsed) again.
    They will not refund, or replace even though consumer direct have told me it is not fit for purpose.
    I think they are just waiting for the 2 year guarantee to come to an end. Although this should not apply according to consumer direct.
    Can anyone advise, shall we take this to court as I am upset at having to get the cushions replaced all the time. ( It is also very upsetting watching them collapse constantly) especially when you think you have purchased from a reputable seller.
    Thanks in advance for any advice

  • carolyn 28 January, 6:13 pm

    I purchased a 600 Vanity Unit for a bathroom at the cost of £210, from a firm in Chadderton on the 10th January 2012. The item was collected from a nearby warehouse by myself and husband. Warehouse men placed the pre-assembled boxed unit into the car upright. We went home and placed the item into the garage until the bathroom was ready for its installation. On opening of the box in the garage on the 27th January my husband discovered damage to the top front corner and innershelf, damaged consistant with being caused from being dropped from a height. My husband immediately contacted the seller via telephone, who requested photographs to be taken of the damage and sent via e-mail. I received a telephone call on the 28th saying that they would not replace the unit because they cannot verify when the damage was done, and because we had had the unit for two weeks the only thing they would offer was to purchase an additional unit at cost price( as yet undetermined cost). They did comment if we had reported the damage within 48 hours they would have replaced it without cost, ( even without verifiying time of damage!)

    Can anyone advise, I have purchased products from this company in the past and have not had the misfortune of having any problems with their products or advice, therefore believing we have purchased from a reputable seller.
    Thanks in advance for any advice

    • Jo 5 February, 7:25 pm

      Hi Carolyn I am in exactly the same position with an expensive sink- because it is 7 days after delivery the company will not pay for a replacement- I am wondering if 48 hrs in your case and 7 days in mine is deemed a reasonable amount of time in order to report a problem? I am not sure if it is worth going through the credit card company?

  • Kylie 30 January, 3:34 pm

    I really need to know what my rights are regarding this matter.

    I bought an Asus Eee Pad Transformer Tablet from a seller on Amazon online in December. The Tablet arrived on the 19th of December. When it arrived it seemed fine, but it started to play up and not perform properly. I went away for xmas for 4 weeks leaving the Tablet behind, knowing there was a new firmware update waiting when I returned. I did the update but the problems occured even more. I contacted the seller on Amazon about this matter around the 23rd of January, wanting to get a refund or a replacement. They offered me a refund right away.

    The sellers Terms and conditions state that a 10% restocking fee applied to ALL refunds. I asked the seller about this explaining what had happened and the problems with the Tablet. I thought restocking fees were illegal according to Distance seller regulations? anyway they insist that the problems have occured through me owning it (less than two months) and are saying the 10% restocking fee applies to me, even though the item is clealry faulty and was sold to me faulty. They also did not offer to collect the item from me, I have had to return it at my own expense.

    So my two questions are, am I entitled to a full refund of original price and postage, without being charged a 10% restocking fee?
    Does the seller have to refund me the cost of returning the faulty item at my own expense?

    I thought that since it is an electrical item, it should be expected to last a reasonable length of time, clearly less than two months isn’t exceptable. I have returned it all fully boxed, with all leaflets and the Tablet is in the new condition it arrived in.

    Any help regarding this would be much appreciated, thanks

  • Sarah 1 February, 12:34 am

    Hi
    I purchased a Sony Vaio laptop for £899 at the end of May 2011.
    Within 4 months, it suddenly stopped working, then wouldn’t boot up. The following day, however, it was working perfectly, so I didn’t bother reporting it, as I just thought it was one of those things.
    It worked perfectly well, until 2 months later, when the same happened. Only this time, it will not boot up at all.
    I have been trying for over a month, between contacting the online retailer, and Sony themselves to get this sorted.
    It has so far cost me a fortune in phone calls.
    Sony say it could be a software error, and I need to purchase recovery disks at £50 (which I cannot afford)
    I went back to the retailer, who insist I have to pay it, as once 6 months have passed, it is my responsibility to prove to them via Sony that the laptop can’t be fixed, and they refuse to have anything to do with it until then.
    Sony won’t do that, unless I buy these disks first, which aren’t guaranteed to work, as they don’t know for sure what the problem is.
    The retailer insists that they are not breaching the sale of goods act – as they state that their guarantee doesn’t cover software.
    I’ve been arguing about this since the beginning of December.
    Am I right to assume that I should not have to pay for these disks? And what can I do about it?? Please help, I’m desperate.

  • Guy 3 February, 11:39 am

    hi, i bought an item from a shop on ebay it was a brand new replacement iphone part, when it arrivied i fitted it and it did not work i took it to a shop who have said its faulty, the shop have offered to refund me the money but only once i have sent it back, should the purchase proceedure not be reversed and they send me the money first then i post the item?

    cheers

  • Jo 5 February, 7:21 pm

    Hi! I purchased a sink and we did not sign a note on delivery to say we had checked it. It did not come in any packaging and was covered with dust. Unfortunately because of the bulk, we could not pick it up to examine it, so we waited for the fitters to come. Thus we only noticed some marks 3 weeks after delivery. During installation, it was noted to have what looked like a manufacterer fault in the glaze: it was not a irregular crack/chip but bilateral marks. We were advised by the original retailer to take it to the place where he bought it from for inspection to speed up the process- he said he would not replace it as we were beyond the 7 days period after delivery. The middle men deemed it not to be a manufacturer fault but damaged caused after it had left their shop. So the original retailer has confirmed he will not pay for the replacement as it is not a manufacturer fault and we are beyond 7 days. Can I still request for a refund from the retailer on the grounds we check it within a reasonable time period? Is it worth going via the credit card company? Thanks

  • Catriona Hegarty 6 February, 8:09 pm

    For Christmas, I purchased my children 2 Archos 101 Internet Tablets from Carphone Warehouse. My daughter’s LED is internally cracked (no crack on the glass), although it has not been dropped or stepped upon. I have read reviews of this unit where others have the same problem. I took the unit back to Carphone warehouse (it’s been about 6-7 weeks since the purchase) to see if it was covered, and was told that they do not handle fixing these, and that I had to contact the manufacturer. The paperwork in the box says the warranty is only valid in the US and Canada, and the website to which Carphone Warehouse directed me says it won’t fix anything purchased outside North America. What are my rights?

  • Lucy 6 February, 8:32 pm

    Hi, I purchased a coat from Armani Exchange in the sale and have noticed that it has a hole in it. The hole is in the pocket so I couldn’t have noticed it in the store. However, on my receipt it says that sale goods may not be refunded/ exchanged. I want to know if I can take it back to them? I only brought the coat this weekend.

    Thanks
    Lucy

  • Emma Browne 7 February, 4:23 pm

    Hey, any help would be appreciated.

    I bought a phone for about £140 off an online store through Amazon. I’m in Ireland and the seller is UK based.

    You would not believe the ordeal this has become.

    Initially, the phone arrived and was a different style and colour to the phone advertised on the site, but I let it go as I had some trouble getting it shipped to Ireland. After 30 days, the phone failed completely. Would not turn on.

    Contacted the seller who referred me to the manufacturers warranty (which was advertised as part of contract), paid €15 at the authorised repair centre to be told that it had been modified by the seller, and this voided the warranty so it was “bricked” and illegible for repair under that warranty.

    The seller claimed that this shouldnt have happened and said they would repair it. Gave me a street address in the UK to send it to. It was delivered by registered post on the 13th of Feb, 3 weeks ago. I have heard nothing despite trying to contact them about 5 times. They now have my phone and the money.

    I need to take this to the next level legally, but where do I turn? Remember I am in Ireland.

    Thanks for reading,

    Emma

  • Catherine Melville 7 February, 10:33 pm

    Hi there,
    I have a complaint with regards to Zaras return policy. I recieved a black dress from Zara as an early christmas present. I wore the dress out that evening only to discover the next day that the dress had all pulled and was now ill-fitting. I was disappointed as I had only worn the dress for one evening so decided to take it back. When I took it back I was well within the time limit to return the item alongside me having proof of purchase. I was told the item was non-refundable as it had been worn and to quote “it was just the nature of the material”. I believe this to be a feeble excuse and even if that is the case perhaps they should inform customers of this before they opt out to spend money on a dress that is already faulty.
    Alongside this, two other recent purchases from Zara have become faulty. The zip has broken on my body warmer and buttons have come off on a top. This is just very disappointing as I am a loyal customer to Zara, I love their clothes yet three recent purchases of mine have become faulty.
    I live a good half an hours drive away from my nearest store, however, I don’t want to make that jounrney knowing when I get there I will be told I cannot return my faulty items. I have receipts for all three purchases.

    What are your thoughts?

    I made a recent complaint to Zara but after reading some comments online it looks like I’ll be waiting some time before I am given a reply.

    Thanks

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