The shop doesn’t want to know – they say it’s the manufacturer’s responsibility


The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! 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. Even after this 6 month period, if the item breaks down prematurely , you should always go back to the shop or retailer in the first instance.

Your statutory rights under the Sale of Goods Act take precedence over and above any warranty or guarantee you may have with either the retailer or manufacturer. It is misleading for a shop to tell you they can do nothing simply because their warranty or guarantee has run out, because you will still have your statutory rights. See our section on guarantees and extended warranties for more info.

Common Complaints

Your Statutory Rights

Leave a Comment

212 comments… add one

  • Ben 24 September, 12:34 pm

    Hi
    I see that you frequently state “within six months” to take something back to the seller if it needs repair. What about after six months but within a contract?

    I was provided with a “free” phone (Motorola Razr V8) when I signed an 18 month contract with Orange. Just after the first six months the keys started to wear out and require great care to use effectively. Now after eight it’s getting almost impossible to use at all. I don’t do much texting, as Orange’s records will show, so the keys have had no unusual stress, arguably much less than average expectation.

    Orange insist that this is now the manufacturer’s problem and I should take it up with them. My view is that I have an eighteen month contract with Orange and the hardware they have provided me with is not going anywhere near that distance, so it is for them to fulfil their contract by handling inadequacies in the equipment which they promoted and provided.

    Should I cave in and go to the manufacturer? At the current rate I expect to spend around £800 on this contract over the 18 months, and I feel Orange owes me a standard of service for that.

    Orange have also told me that they have not had problems with the keypad of this model. A quick search of online forums shows that this problem is in fact common. Orange not being aware is unlikely at best.

    I feel I’m being bullied into shutting up. I can’t reconcile this with Orange’s Code of Practice: “We will deliver quality, value and excellent service to you. We will deliver quality and value for money, and always endeavour to put customers first.”

    Can you let me know what my rights are here? And/or the most sensible course of action!

    Thanks

    Ben

    Reply
  • Catriona 24 September, 9:48 pm

    Ben – the 6 month rule is that anything occuring within that time renders it automatically the liability of the retailer. After this time you may find yourself having to prove it wasn’t wear and tear. Although as you say, your phone bill can vouch for the amount of texting you do. Who did you buy the phone from? Because it is the seller you should be contacting to sort out the problem for you, not the manufacturer. Do not be directed to the manufacturer at any stage. If you bought from Orange then they need to fix this for you within reasonable time or provide you with a new phone (section 48B Sale of Goods). If you can demonstrate the problem clearly to them, the next course of action should be to ‘make time of the essence’ by requesting that they take action to rectify this problem to your satisfacton within 7 days, or you can claim breach of contract on their part (seciton 14) and entitlement on your part to terminate the contract. This is your statutory right.

    Reply
  • JIM 24 January, 5:37 pm

    I bought a pair of traniers from a company on ebay November 2008, a split appeared at the front within the first week of January and the hole is now about an inch in lenght making them unwearable. The seller who sold it has said it is nothing to with them and to get in the contact the company made the product. Have you any ideas if they have to replace them or give me my money back?

    Reply
  • Catriona 28 January, 12:16 am

    Jim, if the individual you bought them from is a commercial trader, rather than a private seller, then they are liable for poor quality under Sale of Goods, not the manufacturer. So they must replace or refund – a repair is obviously not feasible.

    Reply
  • Declan Kilbride 13 February, 5:23 pm

    Hi,

    I bought an aquarium about 6 months ago and the light has now failed – I think the whole top hood needs replacement. The shop where I bought it has now closed. It came with a 24 month guarantee but I don’t have proof of purchase, except a record of the debit card transaction on my bank statement. Do I have any rights with the manufacturer?

    Reply
  • Catriona 18 February, 1:36 pm

    Declan, Under Sale of Goods you would take the item back to the retailer, but the retailer would only send it on to the manufacturer anyway so you’re simply cutting out the middle man. The debit card transaction will do as proof enough of purchase, don’t be told oherwise! In addition to Sale of Goods, the guarantee is also legally binding, but check who it is with, if it is with the retailer and the retailer has closed down, it counts for nothing. If it is with the manufacturer, they must honour it.

    Reply
  • Dave 5 March, 12:25 pm

    At the end of January 2008 (22nd?) I purchased a Sony digital camera for my wife’s birthday (Feb 2008) from a highly respected High Street retailer for about £200. In November 2008 at a family party the flash wouldn’t work, although the rest of the camera was fine. The battery was running low so I assumed it was due to this and used another camera. Then at Christmas 2008, trying with three fully-charged batteries the same thing happened. However I couldn’t take it back to the store until 30th January 2009. The shop sent it back to Sony, but it has been returned because it was out of warranty and both parties refuse to repair or replace. So my question is ‘can I force anyone to accept responsibilty’ and using the fit for purpose argument ‘how long should a £200+ camera last?’
    Many thanks. Dave

    Reply
  • Catriona 5 March, 9:48 pm

    Dave, Sale of Goods uses the word ‘durable’ in its definition of satisfactory quality. There is no statutory definition of how long things should last beyond use of the word ‘reasonable’. Any normal person would consider 12 months as unreasonable. The way you have been dealt with by Sony is both unacceptable and unlawful. the retailer has a legal responsibility to make a repair in the first instance, and a replacement or partial refund if a repair is impossible. The warranty here is irrelevant. Are you sure the shop even sent it back to Sony?

    Reply
    • Dave 9 March, 4:29 pm

      Thanks Catriona. Thanks to your advice I went back to the shop to collect the camera and I asked them what they, as the retailer responsible, intended to do for me, as it clearly wasn’t fit for purpose. I used phrases like ‘expected life of product’ ‘Sale Of Goods Act’ ‘durability’, and asked if they thought 13 months life was suitable for cameras they were selling. After speaking to the manager (who hid in the back office!) I was given £175 towards a replacement camera (new model, as they didn’t stock the old one). I was also offered £150 cash to walk away and buy from somewhere else, but I decided to take the £175. thanks again.

      Reply
  • Vikkie 7 March, 3:50 pm

    I bought a mobile phone from Argos for christmas and it has stated to go wrong I took it back to Argos and they told me that they had to send it off. I don’t want this but they insist that they had to do this. They said it’s their policy to do this but I don’t want a phone that has been used for 2 months and faulty and been repaired. Do I have any other rights or am I going to have to send it off and now be without a phone for however long it’s going to take them?

    Reply
  • Catriona 9 March, 2:55 pm

    Vikkie, Yes, Argos are within their rights to do this, you don’t have the right to request a replacement unless the repair doesn’t work. See:
    http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/
    and
    http://whatconsumer.co.uk/mobile-phones-service-providers/
    For more on this

    Reply
  • Mark Cotterill 12 March, 10:18 pm

    Hello,

    I purchased a Packard Bell iMedia X2424 package on the 29th October 2008 from PC World, 6 weeks ago the monitor started to develop a fault where ghosts of on screen programs could be seen moving away to the right and the text vibrating slightly. I went back to PC World, they confirmed the monitor is faulty, I then asked for a replacement, the manager stated “we do not stock replacement monitors” so I asked for a refund they said it is not possible because the item is out of its 28 day from purchase window. All they did was give me a premium rate phone number as the problem was the manufacturers to sort out not theirs. The reason I asked for a replacment instead of a repair is because, I am disabled and use me pc for eveyday things such as banking, food orders, keeping in touch with family and friends, and was told by the assistant a repair could leave me without a monitor for 2-3 weeks. I rang packard bell and have not been able to get a monitor as the call centre say, the repair centre is in another country and have no way of finding out any kind of timeframe as their only means of communication is via email. Considering the package cost me £500, is not even six months old, I would say that monitor is not of reasonable quality as it has become faulty after 3 months of use. Any help greatly appreciated.

    Reply
    • Tony 12 March, 10:59 pm

      Dear Mark,

      This is not acceptable, ask to speak to a manager and quote your rights under the Sale of Goods Act. It is the shop’s responsibility to repair the item in the first instance and given your circumstances they should lend you a replacement while they effect the repair.

      Tony

      Reply
      • Mark Cotterill 12 March, 11:04 pm

        Could you be a bit more specific pinpointing what rights you mean as I am a bit confused with which i should go with, 2-3 could quite easily fit the bill e.g. fit for purpose, reasonable quality. I can understand why shops/traders get away with it a lot of the time as the SOGA is quite confusing to someone who hasn’t had previous troubles.

  • Catriona 13 March, 1:01 pm

    Mark, a number of points. Firstly it is the retailers responsibility to sort this out, not the manufacturer. You should not experience any additional cost, so referring you to a premium rate number is unlawful. Secondly, you have enhanced consumer rights if the item goes wrong in the first six months, and the retailer must sort this out without you having to prove anything. Thirdly, the item must be repaired in reasonable time and without significant inconvenience to you – you can easily prove this so they must provide you with a replacement while yours is away. No arguments.
    I’m afraid the first option is under SOG is always a repair and a replacement can only be offered if a repair cannot be carried out, or if you experience significant inconvenience in the process. The warranty is irrelevant. Refer to: http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/ for more on this. The legislation is s. 48 SOG. Ask to have this problem escalated and threaten to take this matter to Trading Standards unless they comply.

    Reply
    • Mark Cotterill 15 March, 9:40 pm

      Thank you so much for all your help with my problem, I went back to PC World armed with all my knowledge thanks to you, and surprise surprise “oh yes Mr. Cotterill We’re happy to repair it for you”.

      Thanks again I’ll always visit this site when I have problems in the future.

      Reply
  • Beverley 5 April, 9:20 pm

    My father bought a very expensive laptop from Argos on Thursday, when I went to set it up for him at the weekend there was clearly a problem with the Hard Drive. My Father obviously wanted one that works and he has been sold faulty goods. However Argos state that their 30 day monbey back guarantee doesn’t apply to computers and will not replace it. They will send it back to Acer to be repaired, but this seems unfair as he didn’t pay £800 for a reconditioned laptop. What are his rights?

    Reply
  • Catriona 6 April, 5:58 pm

    Beverley, Argos are misleading you by telling you this, their 30 day whatever has nothing to do with your statutory rights under Sale of Goods. However, Argos are within their rights to give you a repair in the first instance as long as it is done within reasonable time, without significant inconvenience and at no additional cost to you. If this cannot be done you can request a replacement and only if neither of these can be done can you request a refund. See: http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/ for more on this

    Reply
  • Helen Gibbons 7 April, 3:24 pm

    I bought a Digital SLR Canon camera online from Jessops in April 2007. Within 5 days of the 12 month warranty expiring in 2008, the shutter failed. I took it back to Jessops who said it was out of warranty. Having spoken to Customer Services and citing the Sale of Goods Act the camera was sent back to Canon for an in warranty repair. I have not used the camera for about 6 weeks and at the weekend tried to use it at a family christening. The same problem with the shutter occurred. I have spoken again to Jessops who tell me tha their repairs are only guaranteed for 6 months. I have again cited the Sale of Goods Act as I expect a new shutter to last for longer in this expensive product. Customer Services has called to say that there is a sliding scale for repair work included in the of Goods Act. They have asked me to return the camera and their Canon agent will inspect and report back how much it will cost. Previously I was quoted (in 2008) about £150 for a new shutter. Does such a sliding scale exist and is it reasonable that this work is only warranted for 6 months? Thanks.

    Reply
  • Dave 10 April, 12:26 pm

    Hi, I purchased a brand new Michellin tyre from ATS on 30th December 2008. 2 days ago I noticed that the front nearside tyre has a large bulge in the tyre wall making the tyre illegal and dangerous. I took it back to ATS who looked at it and informed me that this was impact damage and as such they would not replace the tyre. I know that this is not the case as I know where the car has been since the tyres were put on. The manager at ATS branch then told me that they do not cover this type of claim any way and I would have to buy a new tyre from them and then they will send the faulty one back to Michellin where it will be tested and if it is found to be faulty then I would get a partial refund. When I read their terms and conditions he was quoting their own policy but they also say that they guarantee the tyre for its entire legal life and that my statatory rights are not affected. The guarantee seems to contradict my rights and would not cover any circumstance that would actually replace the faulty tyre. Could you advise me please. Do I have a valid argument for them to replace my tyre free of charge?

    Reply
    • steve 4 July, 5:57 pm

      Tyres gain bulges on the sidewall as a result of impact such as pot holes, curbs etc. You are not covered under warranty for such damage in the same way your car paint is not covered under warranty if you hit your car door against the wall, dropped your new TV on the floor or dropped your phone in the toilet.
      It is accidental damage on your part.

      If the tyre had been defected with a bulge from day one, you would have known long ago, as the tyre would have blow out a few miles after it was fitted.
      IF you’ve hit a pot hole you can however claim on the councils insurance as pothole are not supposed to be in our roads and any damage cause by them will be covered.

      Also, I am a tyre technician. We always put the customers spare on and send the tyre back to the manufacturer. The manufacturer will not deal with tyre dealers direct they will always contact and refund the end user (you). They inspect and even x-ray tyres to determine whether or not the damage is through a manufacturing issue or a miss-use/wear and tear/accidental damage issue.

      The retailer will return the item to the manufacturer and deal with the returns etc but it’s the manufacturer who ultimately will contact you in regards to the refund.

      As much as I hate ATS, they’re doing things correctly. Obviously you don’t have to buy your replacement tyre form them, and you can put your spare wheel on until the manufacturer has issued your refund, which you can then buy a new tyre with.

      Unfortunately, Catriona has no clue what she is talking about.

      Steve (Tyre dealer)

      Reply
  • Catriona 11 April, 11:01 am

    Helen, you are right to cite Sale of Goods, as the warrranty is irrelevant and using expiry of warranty as an excuse is a common way retailers wriggle out of their statutory obligations. Sale of Goods includes the word ‘durable’ in their definition of quality, and section 48 provides the remedies you can expect the retailer to provide if the item breaks down before it should. There is no sliding scale for repairs, only that a repair will be provided in the first instance. If a repair cannot be provided the item must be replaced, and if neither of these can be done, you must be given a refund. Sale of Goods overrides the warranty, and cannot obscure your statutory rights under this legislation. Go back, tell them that their repair has failed, so you are within your rights now to ask for a replacement (same or equivilent value). Good luck.

    Reply
  • Catriona 11 April, 7:07 pm

    Dave, firstly, it is the retailer’s responsbility to deal with this, and you shouldn’t be directed to the manufacturer at any time (unless it benefits you). Secondly, with any fault which is discovered within the first 6 months, the assumption is that it was present when you bought it, and you need prove nothing. Your remedies under Sale of Goods apply to tyres just as they would a toaster or anything else and entitle you to a repair in the first instance. If this is not possible (which it would not be with something like a tyre) then you are within your rights to request a replacement. Disregard any talk of warranty and cite your rights under Sale of Goods. Good luck.

    Reply
  • Tony 14 April, 10:20 am

    I brought an HP Officejet Photo printer from an online company called Insight at the beginning of February ’09. Once it arrived I did not open it as I was about to go on holiday for a few weeks. When i returned i started using the printer and noticed that it would blur the last few inches of every printout. This happend regardless of what paper/ink i used, what computer i used or what program i printed from. It would also suffer from nummerous paper jams even though there was clearly no jam at all. I would deem it as not fit for purpose. So I rang up Insight and they directed me straight to HP. So i rang up HP, went though loads of troubleshooting and they confirmed that there was a fault with the printer, but they were only offering a refurbished model because thats what their warrenty states. I rang back Insight and said to them that they should offer me a new printer as the one i have was faulty from the start. They said they can’t as it is after their 30 day return policy. As the printer was faulty to begin with, do i have the right to demand a new printer or would Insight have to offer a repair first? Thank you in advance for your help and advice.

    Reply
  • Catriona 16 April, 1:11 pm

    Tony, Unfortunately once some time has passed and the item has been used, the retailer only needs to offer a repair in the first instance. If this cannot be done they must replace the item. A refurbished model is the accepted equivilent of a repair, although the unit must be like for like – i.e. not significantly dented, scratched, or scuffed and must be of satisfactory quality. See: http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/ for more on your remedies under Sale of Goods.

    Reply
  • Lucy 9 February, 4:14 pm

    I bought a pair of boots for £155 from a local shoe shop. After wearing them once i noticed that the stiching had come undone down the sides of both boots. I took tham back to the shop and asked for a refund as I donot want another pair as I do not trust the brand now. The sales assistant told me they were not allowed to give me a refund and had to send the boots away for analysis by the manufacturer. If they send the boots back to me repaired is it reasonable to request a refund or exchange if im not happy with the quality still? The shop seems to think it is not their responsibility even though I had the reciept, and they were the ones who sold me the faulty goods.

    Reply
    • Tony 10 February, 12:27 am

      Hi Lucy,

      It is reasonable for them to offer a repair rather than a refund. If the same problem happens again then you can try for a refund, but it is generally accepted that you have to give the shop at least three attempts to repair an item.

      Tony

      Reply
  • Hannah 10 February, 12:39 pm

    Hello!

    Please help me!
    I am a girl with no ‘man’ power behind me and I feel I am getting completely fobbed off! I bought a LCD TV from currys May 2008 and now the picture does not work just the sound. Currys say I am out of 1yr warranty and need to speak to phillips, phillips say as out of warranty need to speak to independant person who can look into fixing it obviously at a charge to me and they said ‘sorry’ I presume as this TV was over £1000 it is going to be an expensive fix! Who holds responsibility what is best course of action? Spouting off ‘acts’ to currys and taking tv to them or doing it to phillips over the phone! Please help

    Thank you

    Reply
    • Tony 10 February, 8:55 pm

      Hi Hannah,

      A TV of this value should last longer than this and not of satisfactory quality. Currys should either fix it, replace it or provide a refund. This is one of your statutory rights as defined in the Sale of Goods Act. However, they are within their rights to request that you prove that the TV has an inherent fault and was not misused. You would be able to claim back the cost of this if it does have an inherent manufacturing fault. I hope this helps

      Tony

      Reply
      • Hannah 8 March, 8:57 am

        Hi. Thank you for your help previously but the saga continues! I spoke to Currys who indeed said in need to prove inherent fault, They recommended me to use an certain TV engineer company for a report. I have done this and the company told me from the start that they cannot say 100% it is an inherent fault as standard but they can say it is not through any form of misuse. This engineer report has gone back to Currys who have responded to me saying the following:

        “I was concerned to learn of the difficulties that you are experiencing with your Philips 42PFL9632D television. It is noted that your product is 21 months old. In light of your correspondence, I have contacted the engineer and I was advised that they are unable to confirm that the fault was inherent or state that it is a manufacturing defect. Given that no inherent fault or manufacturing defect has been confirmed, as a gesture of goodwill, we can contribute towards the half of the costs of the repair, which is £138.00. Should you wish to accept our offer, please contact us quoting ref.: CC0001458888. ”

        I feel completely cheated as their recommended engineer company said they can’t say more than this. What more can I do to get the full refund I am entitled to?

        MAny thanks

        Hannah

    • Dave 11 February, 11:05 am

      Hi Hannah. I had a similar problem with a well-known high street department store concerning an expensive digital camera. It was 1 week out of warranty when i took it back and they quoted the usual ‘out of warranty’ response. However following advice from this site i went back to the shop, discussed buying a camera with a sales assistant without telliung him my reasons, and he suggested that a camera like this would last a few years, so i then went to the service desk and asked them if they had a policy of selling cameras that couldn’t be expected to last more than a year. I was then offered a 90% refund or money off a newer model. I was happy with that, but i dare say I could have spent a lot more time and not got much more. (thankyou ‘whatconsumer.co.uk’)

      It’s the normal advice given by this and other consumer sites. An item should have a suitable life expectancy. I just asked a simple question, ‘do they sell goods that they expect to have a suitable life expectancy or not?’. From my understanding that deosn’t matter wether it’s a £1000 TV or a £40 toaster. The annoying thing is you shouldn’t have to have ‘man power’ or seek this sort of advice, the warranty period is irrelevant if you have a faulty item.

      Reply
  • Dom 16 February, 4:24 pm

    i bought a bluetooth gaming headset which won’t even turn on(after many attempts) from Game on 27th december, and it says that they will give a no hassle refund within 28 days (which i know i am outside of!)if the product is still in the original sealed packaging (which surely is impossible if i know its faulty)and in addition, my statutory rights still apply. Should they give me a refund, exchange or something like store credit and if they should should they pay the price i bought it for or the out of sale price which is a fair bit more expensive?

    many thanks

    Dom

    Reply
    • Tony 18 February, 11:56 pm

      Hi Dom,

      Generally you need to give them the opportunity to repair the item. If they can’t they can offer a replacement (like-for-like i.e. it doesn’t need to be new) or a refund – partial taking into account usage or based on residual value.

      Tony

      Reply
  • Janet 23 February, 2:29 pm

    I purchased a steam generator iron from a tv channel (Ideal World). when I first received ti it had a part missing and I waited about 6 weeks for the part to be sent. Then after only using it twice it broke down on me. I have sent it back to them and they are sending it to their Quality dept to decide if I get a refind or if they repair it. I don’t want the iron back now I want a full refund. Can I demand one?

    Thanks

    Reply
    • Tony 26 February, 1:25 am

      They are within their rights to repair it rather than give you a refund. If the same fault occurs three times then you can demand a refund.

      Reply
      • Filip Sosenko 6 April, 6:31 pm

        Hi Tony,

        You said that ‘If the same fault occurs three times then you can demand a refund’. I am in this situation now and I was wondering if you could tell me what the legal basis for this is? Knowing this would help me in case the seller/manufacturer says ‘no’ to my request for a refund.

        Many thanks,

        Filip

      • Tony 7 April, 8:27 am

        Hi, by saying that all I was trying to do is define what ‘reasonable opportunity to repair’ means.

  • will 27 February, 10:04 pm

    I bought a dvd home cinema system from an reputed online seller which cost £699. it was delivered in january 2008 and recently it will not play dvds properly, either freezing or skipping. Where do I stand with this?

    Reply
    • Tony 2 March, 11:05 pm

      Will, You need to ask them to repair it in the first instance. They may ask for an engineer’s report proving that it has not been misused and has an inherent defect. This is reasonable.

      Reply
  • Stacey 5 March, 3:04 am

    I bought a Dell laptop from currys in July 2009 complete with charger, which recently broke (charger), I took out the extended warranty with currys aswell. I tried to get some info in store about replacement/repair but they just referred me to their support helpline, they eventually pointed to Dell as its their product. Can i pursue currys for replacement or repair or is it down to dell

    Reply
    • Tony 8 March, 12:40 am

      Stacey, this is for Currys to repair and I guess the easiest thing to do would be to claim under the warranty.

      Tony

      Reply
  • Isaac E 5 March, 11:57 pm

    Hi Catriona, really appreciate all your work here!

    I bought a pentax digital SLR for around £600 in mid august of 2008. Yesterday it developed a fault where it would not read memory cards. After searching on the internet and on forums i find that it is a common fault which can happen at any time, and that a repair costs around £200. On the “repairs” slip there is even a tick box for this problem. This leads me to assume that this is a fault which exists in pentax cameras and that it has nothing to do with wear and tear or any fault on my part. After 18 months am i still covered? Should it go to the manufacturer or to the retailer?

    Thankyou!!

    Reply
  • Christopher Baker 9 March, 7:51 pm

    Hello, i am currently in a battle with a phone shop.

    I got a phone on contract in November 2009 and it stopped working by January.

    I took the phone back and they sent it off for repair, after 4 weeks i phoned up to see what is goin on and they said they have recived an email saying they wont repair it its a fault inside the phone.

    But the shop said to me its after 28 days they wont replace it.

    So still no phone. I told them about the sales of goods act, and they said do what you want basically we dont care.

    So i wrote them a letter from martins money tips and stated they have 14 days to reply.

    No reply after 20 days. i Phoned them up and im being directed all over the place all sayin its down to Sony Erricson now.

    And everyone has been saying just buy a new phone we wont win the case.

    Im getting very distressed over it all now.

    I had the phone for 2 months.

    I have tried saying you have to prove the phone wasnt broken before you sold it me. But no one is doing anything.

    Do i take them court?

    What do i do?

    Reply
  • Jonny 10 March, 1:53 pm

    How does video game purchases factor into this? Recently purchased Assassin’s creed 2 from play.com. It is from publishers ubisoft and the box does quite clearly label “internet connection required” but they don’t state it is “constant internet connection” and they have already lost their own server access twice. Which renders this single player “offline” game useless. It does not need anything from the internet since it is just a one person game.

    Frustrated that it requires such a thing as a constant internet, but it does also require them to be up and running with their servers! So part of the requirements of this particular product actually is the publisher!

    Want to know really if I can get a refund, because it is frustrating enough as it is, especially since I dislike playing games on the net anyway!

    Reply
  • stacey 15 March, 1:27 pm

    Hello all
    Desperately need some help. I purchased a wedding veil along with my wedding dress and went for my fitting last week – the veil doesn’t match my dress. I’m not happy with it at all. The shop said that the place that supplies them the veils do not do refunds or returns. The veil is a lot brighter than I anticipated. I am able to order another one but will have to pay another lot of money out for this. I’ve spent a lot of money in this shop. Am I entitled to a refund? I bought the veil from the shop and they ordered from designer/supplier.
    Thanks
    Stacey

    Reply
    • Negar 3 February, 3:24 pm

      Hi I am exactly in the same situation except that the length of the veil is not what they told me. Did you manage to get any result?

      Reply
  • IwantToKnow 16 March, 3:22 pm

    Hi, I have few questions:

    1. If faulty item was bought more than 6 months ago, how can I prove that item wasn’t “in accordance with the contract at the time of delivery”?
    2. I bought something online, who will pay for delivering faulty item to repair?
    3. Is there some kind of agency (e.g. government one) that I can contact before taking the case to the court if seller won’t take faulty item for repair/ replacement/ refund? Something like Better Business Bureau in USA, that will act as “proxy” between me and seller?

    Thanks in advance.

    Reply
  • Michael 17 March, 10:42 am

    Hi,

    I puchased a computer system from Eclipse computers in Coventry 3 months ago the system blew a couple of weeks ago (I believe the power supply has shorted) As this is under warranty I called them up to arrange repair/replacement. I have had to pay to ship this to them which i have now done they have had this system for two weeks and nobody has contacted me. I have tried several times to get a response from them and to date no one has even acknowledged my requests. Due to the fact this product is under 6 months old and the fact that nobody has contacted me whatsoever since sending this back to them I am now inclined to request a full refund of this product. Can you advise what the best approach for this would be? I believe sale of goods act can be used as the system was not fit for purpose but also the ridiculous lack of contact from anyoner at the company is a major issue they have my money and my product but will not respond to me. what shall i do? thanks in advance for your help.

    Reply
  • Adam O'Connor 19 March, 12:58 pm

    I got a TV as a present at Christmas just gone. However the TV has now broke so i want to take it back to the store and get a replacement because the tv shouldnt break after 3 months.

    I rang them up and they said i needed to have a receipt as a proof of purchase but I am a university student and the receipt will be at home with my parents.

    I have all the packaging it came in and even an order ticket on the side of the box. Do they have to give me a replacement or do i have to have a proof of purchase?

    Reply
  • Katherine 21 March, 11:33 pm

    Hi I brought a Joby Gorillatorch from amazon in december 2009 for a christmas present for my boyfriend. It doesn’t work now…unless you hold down the battery end. As it was over 30 days, amazon say go to the manufacturer, can I insist that on a refund as I don’t really want another one now? Also I brought an electrolux vacuum cleaner from Tesco 14 months ago, can I get a refund off them too as this doesn’t seem fair? Many thanks

    Reply
  • Gareth 24 March, 4:28 pm

    Hi There
    Please can anyone help? a couple of months ago I purchased a new amplifier from a music shop. They had to order 3 amps in the end as the first two they ordered were faulty. My amp has now developed a fault and I contacted my music shop to arrange a refund as I have lost confidence in the product now. The music shop stated they need to speak with their supplier (the manufacturer) to see if it will be repaired or if a credit note will be issued. Is this fair? I was under the impression that if the amp was faulty I could request a refund.
    Please can anyone help in this matter?
    any help would be appreciated
    thanks

    Reply
  • KEITH 29 March, 6:58 pm

    On the 18th Feb 2010 My wife purchased one of the new PANASONIC DMR-BS850EBK Blu-Ray RECORDERS.On the 23rd Feb 2010,it was retured to the retailer COMET Perry Barr Birmingham, DUETO IT NOT RESPONDING WHEN FREESTAT CHANNELS SETUP.Comet replaced the unit for new.
    Today Having down loaded from HD,CAMCORDER for the first time, I find that this new unit will not format or record in Blu-Ray,I returned it to Comet only to be told it was out side the 28 day that they will supply a replacement & I will have to have it repaired?
    I feel this recorder is not fit for purpose & requested it be replaced or monies back, the managers comment stated it is not the stores problem & unit must be sent back for repaired by PANASONIC.I donot wish a repaired unit after paying £800
    Is this the only option I have under Stat Rights Law .

    Reply
  • Victoria 31 March, 2:16 am

    Hi I bought a digital camera from toysrus for 35.99 for my son for christmas. When we opened it on christmas morning we noticed it had faulty battery door, and broken pixels on the screen. I took it backk to toysrus as soon as shops re opened after christmas, but they had no cameras in stock at all to replace it with, so the lady at customer services agreed that i could take it back home and return it when they had more stock in. So i took it home as my son was still able to use it, then the battery door broke off completely when i tried to re insert the batteries so i put it on the shelf and it hasnt been used since. So at the begining of march when they finally got more cameras in stock, i took it back to the store. The manager was completely rude and told me that it wasnt their problem and that it looked as tho i had dropped the camera, and that they would send it to manufacturer to see if they were responsible and repair if that was the case. After 3 weeks of waiting i have now been told by toysrus that the camera has been sent back and the manufacturer hold no responsibility and that it looks as tho it has been dropped, they also said that there are no broken pixels on the screen. My camera is still at toysrus waiting for me to collect it, but im not sure what to do as i know it has broken pixels, so i dont want to collect it, and then have them tell me that i must have damaged the camera since. I know i must have some rights as the camera has not been dropped at any point whilst in my care. I have spoken to the head office who have spoken to the store in question, and head office totally stand by the rude manager of the shop where i purchased it. Please HELP, i need to know my rights. Also, if i do have rights, what is my next step, I cant just barge into toysrus and demand that they give me a new 1 cus they would just say no, and what then ?

    Thanks

    Reply
  • Carol 4 April, 12:44 pm

    Hi my daughter purchased 3 items of clothing from Primark it was underware sets, they all state on labels and packaging that they are size 10s,two of the sets fit fine, unfortunately one of the sets is to big arround straps etc, I went to exchange the larger item and was told company pollicy does not allow underware exchange,
    I can appreciate that, but when I asked the manager how one set was larger than the other two he said that it is from a different manufacturer than the other two garments and maybe they make their sizes different, surely a size should be the same size irrevelant of the manufacturer, he said it is not the companys fault but the manufacturer,but still wont refund or exchange,it is not the monitary value here but merely the principal

    Reply
  • Chris 6 April, 4:12 pm

    Hi

    I purchased an Apple ipod touch from a well known High Street retailler on 12/12/09 and within 6 weeks it failed to function.
    I returned it to the shop where it was purchased along with till receipts etc, only to be told this was not their problem and we should take this up with Apple. After insisting it is the shop’s reponsibility to sort this out, I left the dvice with them on 13/02/2010 to sort out. We rec’d a call from an Apple agent to say the device has liquid damage from possibly it being left in a car overnight or being in a steamy kitchen, none of which apply. The store where we purchaed the device is now saying the manufacturers warranty is invalidated and they can do no more.

    Where do I stand, the device has not been used that much and I don’t beleive should have failed in this way, it may have been faulty when purchased, but it was not damaged by me to my knowledge?

    Any help on this matter would be appreciated.

    Reply
  • Filip 7 April, 1:01 pm

    Hi Tony,

    In one of your posts you said that ‘If the same fault occurs three times then you can demand a refund’. I am in this situation now (product already repaired twice by the manufacturer) and I was wondering if you could tell me what the legal basis for this is? Knowing this would help me in case the seller says ‘no’ to my request for a refund.

    Many thanks,

    Filip

    Reply
  • Steve 8 April, 4:49 pm

    Hi,

    I bought a new Samsung TV approx 18 months go. It has begun to go faulty and is now barely watchable. The retailer wants nothing to do with it and says its the manufacturers responsibility. I don’t know how to get through to Samsung, let alone package a 32″ tv for shipping. I dont consider average evening viewing an excessive amount, and i dont consider £450 for a tv every 18 months a good deal. Who is responsible for dealing with this, i dont expect a new change, but i would have expected the retailer to take responsibility and ‘make good’ under the 2 year directive. Any help or ideas please?? Thanks

    Reply
  • IwantToKnow 9 April, 1:21 pm

    Gareth: it depends how long you had this amp. You can request refund only for a few moments after purchase – days or weeks. After that you can only request repair/ replacement.
    Katherine: you can request repair/ replacement in both cases, however you would have to prove Tesco that there was something not OK with the vacuum when you bough it (if it fails so quickly and you used it according to manual there was something not right). Amazon case is simpler, because as the product is < 6 months old it's thought to be wrong at the moment of purchase – if Amazon thinks differently they have to prove that.

    Reply
  • Alen 15 April, 8:22 pm

    Hey, I purchased an S reg Vauxhall Astra 20 days ago from a local dealer for £995. Its a basic model, the garage gave me a full mot and the car ran fine. To start with. After just less than 3 weeks, the gearbox seems to have failed (won’t go into first/third gear) and the two right wheels started to squeak on acceleration. Plainly, I need the car to be in good working order, with travelling to work, taking my 15 month old boy to the docs etc. Where would I stand? A repair would be way too timely, I can’t get a loan/replacement vehicle, so this is (to me anyway) a major inconvenience. He gladly gave me a massive 30 day warranty, should there be any issues, do I instantly claim a full refund?

    Regards

    Reply
  • Chris 15 April, 10:52 pm

    9 Months ago I bought a sat nav for my car. Within 2 weeks I noticed problems. I was advised by the shop to go to the manufacturers web site where I would find a fix. This I did. This led me subsequently to deal directly with the manufacturer via online help. After many hours spent by myself trying to fix under their guidance they swapped it for another one. This also didn’t work properly. It has taken this long due to their incompetence and constant trial and error methods. They have had the ‘new’ one back for over a week, which is about 1 month after I received it. I have not had a fully working product since the time I bought it. They do say that they have now fixed this one and it is on the way back to me.
    I have lost all confidence in the product. Can I now go back to the shop for a refund ?

    Reply
  • dawn 16 April, 8:27 pm

    hi
    need some help on how i stand. I have a washing machine 7 months old, bought from currys. Broke almost 4 weeks ago so phoned currys to eventually get through to hotpoint, call was booked for a week later, i was told i had a broken drum, they would order a new one!!! drum that is!!! almost 2 weeks later engineer called round and surprise surprise arrived to fix machine without the parts!!! they hadnt been ordered correctly so another drum has now been ordered and should hopefully arrive and be fitted next week… ive phoned hotpoint several times and been passed round, spoke to currys and was told it was manufacturers problem…. after popping into my local currys the manager contacted hotpoint got nowhere and filed a complaint to currys head office!!! ive now had a reply that hotpoint wont write off machine and that currys cant write it off until engineer has tried to fix next week…currys cant help out until after day 28…. strangely enough the engineers visit is booked for day 29……. i will only get new machine if they cant fix it on that day……. can anyone suggest anything or where i stand…. before i get completetly lost in my washin……. family of 5

    Reply
  • Jason 17 April, 11:10 pm

    Hello all,

    I purchased a vacuum cleaner from Argos, December time in 2009. The product has now become faulty; whereby it switches off after only ~20mins of use and cannot be restarted for another hour or so. I tried returning the product to Argos in exchange for a different cleaner last month, however they said it must first be sent off for repairs before they could offer an exchange. I asked during the repair if I would be supplied with a replacement product to which they answered no. I declined the repair as it means I would be left vacuum cleanerless for however long the repair takes. I’ve been reading that with mobile phones you can get a replacement product during the repair time, is this also true for other products i.e. vacuum cleaners? Am I entitled to a replacement cleaner whilst my own is being repaired as a matter of inconvenience?

    Reply
  • Sharon Hewett 19 April, 10:31 am

    I purchased a Whirlpool 20RI-D3J American Style Fridge Freezer from Comet in Feb 2009. Over the last couple of days the visual display has been going crazy, lights flashing, the ice is backing up and the machine has now started to randoming spewing out water. Yesterday evening it flooded the kitchen floor, now I am worried a reoccurance could damage my kitchen units. Comet are saying that I have to pay a call out charge of £30 to have the damage assessed, they would offer reduced rates of spare parts and labour charge is down to the engineer. I am now on the phone the a ‘I am not happy with Comet’ team and she is not accepting their responsibility!! What to do next?? I need this machine fixing fast, if I switch it off all my food will defrost – HELP!!

    Reply
  • Nabil 21 April, 7:38 pm

    hi i bought a play station 3 from GAME on the 19th febuary 2007 and its supposed to have a 10 year life cycle but yesterday was affected by the “yellow light of death” i take great care of my console and believe that this is a manufacturers defect this is confirmed by numerous websites and evenb the “watchdog” programme. considering the console is somewhat a premium console with its steep pricetag i expected it to last longer.From what ive researched Sony do not replace for free when past the 1 year gurantee and charge up to £145.00 what should i do? am i entitled to a free repair or replacement.

    Reply
    • alan moon 25 June, 2:42 pm

      hi nabil, just read your post, im in a similar situation, the ylod? could you tell me how you got on.

      Reply
  • Ian 9 May, 9:40 pm

    My girlfriend bought some glass paint from Hobbycraft in February. She’s been using it on glass bottles and recently noticed that the paint has never dried properly. It’s still tacky and everything she’s painted is ruined. She bought almost £100 worth of paint and she’s furious.

    She has yet to approach Hobbycraft so I don’t know what their response will be. However, they state a 28 day returns policy after which they say no refunds will be issued.

    What are her rights in this instance?

    Reply
  • Toni 10 May, 2:14 pm

    Hi

    I bought a camera from Currys and it broke, they told me to contact Kodak as it was their policy not the stores that it be sent off for repair, however when i received it back from Kodak it was broken in another way to what it was when i sent it and the shop won’t do anything about it they just tell me under trading standards they have the right to send it off 3 times before theyl give me an exchange……

    Please can you give me any advice?

    Thanks

    Reply
  • sajid 16 May, 11:53 pm

    hi, i ordered a marble fireplace and gas fire for £800, after it was deliverd i payed £600 in cash and said ill pay £200 the next day, he wrote on the back of his shop card “paid £600, Balance £200″ can i use this as proof of payment as i returned the fireplace cos it was the wrong size and its been 3 months and after numerous contacts the shopkeeper is unwilling to give back money for the fire place, he said the manufacturer hasnt refunded him so he cant pay me, and hes taken back the fire place and i havent got my £600 back, please help

    Reply
  • Michael Devine 17 May, 8:40 pm

    Hello,
    On the 13/5/2010, I upgraded my phone and renewed my contract with Orange. I bought the HTC Desire paying £99.99, after a few days noticed that the screen has a dead pixel. Noticed this on the 17/5/2010. Because I technically bought a faulty product from Orange, are they liable for an exchange or replacement? or at least sending it away and trying to get it repaired?

    Thanks

    Reply
  • s a 26 May, 9:52 pm

    Dear Sir/Madam,
    On 12/2007, I bought a Playstation 3 60GB from the Currys UK branch on Fosse Park (including 2 games) which is not of satisfactory quality.
    The problem is the device goes into standby a few seconds after it is switched on.
    Sony namely J*** D*** has quoted £131 to replace the Playstation 3 console with a refurbished model.
    I wish to claim a replacement from Currys as my contract of sale is with you and it is reasonable to expect goods of this nature and cost to last longer than this. This is one of my statutory rights as described in the Sale of Goods Act 1979.
    I bought it on finance.
    Please arrange for my Playstation 3 to be repaired or replaced or send me £131 within 14 days from receipt of this letter.
    Yours faithfully,
    S*** A***

    anything wrong???

    Reply
  • Gerry O'Neil 29 May, 9:05 pm

    We purchased a Coolzone fridge freezer from Comet January 09,it is now having problems with the thermostat. We have tried the thermostat from 1-6 all ways and we are still losing food, in essence it is knackered.

    We contacted Comet and we were told to re-adjust the thermostat because it was warmer weather, once again, we did this but to no avail.Today Sat 29th May 2010 we went to the store,the manager told us their policy is one year guarantee, and was fully aware of the E.U.’s two year guarantee and the five year guarantee in Scotland and 1/ none of this was applicable to his company 2/ its natural wear/tear is because we had it plugged in all the time, so tough. Any advice please our food is rotten and we are expecting a child in 10 days

    Reply
  • Alfie White 18 June, 12:34 pm

    What is a reasonable time period for a retailer to accept an item for repair and then either replace or give the good back repaired?

    Reply
  • Patrick 22 June, 4:45 pm

    Hi I bought a teac lcd tv from Curry’s last march and last week it stopped working. I went to Curry’s who said that they can’t do anything as it is outside the year’s guarantee. Any advice please? As I have never had a tv last for such a short period of time!!

    Reply
  • Bev Sharp 26 July, 11:14 am

    My daughter in law had her wedding dress made which was purchased from a shop in Leeds. This was a designer dress and had to be made to measure. The problem she had was that both straps had to have safety pins in at around 8.00 pm and so the dress didn’t even last for the first dance. She has sent her dress back to the shop and they have offered to dry clean the dress and repair this and also offered her a voucher to spend at one of their other shops on evening weard. They are trying to say that it is her fault and that the dress was okay when she took it from the shop. The thing that my daughter in law is angry with more than anything is the tone of their letter and also that they can’t even apologise for the upset this may have caused. She wants to know if she is entitled to ask for a substantial refund or not.

    Reply
  • Leigh 3 August, 7:50 pm

    I have found the info here to be very useful and just wanted to add in that I have had a very similar problem to Dave with a camera bought from the people who are never knowingly undersold. The problem occured after 13 months with a faulty lens. I phoned the hel of pline (?) and informed them of the fault and asked if they could sort it out. They said no and refered me to the manufacturer, Sony. Having read a lot of the info here I informed them that they were the people I had the sales contract with and they blindly refused to acknowledge they had any responsibilty at all. Very maddening. Just to add in for anyone else, I than foned my Trading Standards and they talked me thru what to do next and pointed me in the direction of Consumerdirect.gov.uk and a template letter I could use to send a letter recorded delivery stating I wanted a repair. I am about to do this and will let you know how i get on but I am so frustrated and furious with them patronising me over the last 2 days but trading standards were very good and I suggest you seek their advice as well.

    Reply
  • Darren 9 August, 6:37 pm

    In march 2010 I took out a 24 month contract with vodafone for an iPhone 3GS. 4 months later, after tolerating problems with the phone I angrily phoned vodafone who arranged a replacement phone the following day (special delivery). About a week after setting up that phone, the new phone started to develop similar problems so I spoke to vodafone and requested that they cancel my contract without any penalties based on my statutory rights. They initially offered me another replacement phone which I rejected but then they offered me one of 4 “equivalent” phones. In my opinion they were definitely not equivalent anymore like downgrades. Again I rejected. I insisted they they cancel my contract but they insisted that they could not.

    Now I get to the legal bit

    They told me that my only other alternative is to send it off for repair and if the problems continue after the third repair, they will replace the handset and the repair procedure starts again where they attempt to mend it 3 times.

    Based on this information, what are my rights as it appears to me that I am stuck with this phone and it’s many faults. How many times do I need to continue to get my phone repaired before I can escape this awful contract and how do I get out of it?

    Any help will be appreciated.

    Reply
  • Paul 10 August, 7:55 pm

    I bought an Apple MacBook from PC World last Nov 09. It has worked fine until last week when the Hard Drive made a loud noise [a bit like a Windows PC does all the time] & had always been silent. The back of the casing was hot, so hot that it cracked & broke away from the housing. I took the Laptop back to PC World, Poole & spoke directly to the Manager & explained the situation. He telephoned their Head Office in front of me & was told because it was classed as a dangerous product they would contact me direct at home [this was after I had travelled 30+mls from my home as I live in Weymouth]. He took my telelphone numbers from me & stated that they would collect the laptop within 2 days. I assumed because it was friday it would be collected the following week. That was 2 Fridays ago.I thought at the time that the way PC World were dealing with this matter was strange, but was assured that this was simply because it was a dangerous product & could have set fire to my home. I heard nothing last week so contacted [after several hours] the so called PC World Customer Care Line. They did not want to do anything about the problems I was having, but I insisted that I spoke to a Supervisor & I then received a call from another Manager at PC World, Poole who assured me that ‘he was on the case’ & that my item would be collected within 2 days, that was last Friday. Today I had not been contacted so rang the Customer Service Line & again had to insist that I spoke to a Supervisor as the call handler was useless. The Supervisor was very rude & did not see why they should give my case any priorty as it was already being dealt with & they [Tech Dept] would contact me when they got round to it! I insisted that I was contacted today, so at 1715hrs I received a call back from the Tech Dept stating that they had investigated the matter [how when I still have the Laptop] & because it was Apple I would have to deal with them direct, oh & here’s the number!
    I am now at the stage of having a nervous breakdown, why do the Stores say one thing & the Customer Services another & who’s responibility it is? All I want is my Apple MacBook replaced, is that so hard for these big companies to understand? They are quick enough to take our money.
    Any further assistance would be much appreciated.
    Many Thanks…..

    Reply
  • Chris 12 August, 12:14 pm

    Hi,

    I have had Sky TV in since Jan 2010 however the interactive on it has never worked. I have had sky come out try to fix it and failed before they emailed me saying it is a problem with the new boxes which they are aware of but are not able to fix in the short term. I feel that the interactive on Sky is a service that doesnt work so what can I do?

    Reply
  • Mr Payne 13 August, 3:02 pm

    Just over two weeks ago I purchased a Sat Nav in a sale from Currys – it was over half price, boasting a saving of £170.99. However, I never got to try the unit because when I opened the box I found the car charger was broken.

    All I wanted was a replacement charger but Currys said that I had to send the whole unit off, but not to worry. They said they would collect it on Tuesday and I would get a new one possibly by Wednesday but by Friday at the latest. At no time was the subject of a ‘refund’ mentioned in any way.

    They collected as promised on Tuesday and I waited in all Wednesday, Thursday and Friday. At Friday lunchtime they phoned me to say that they did not have a replacement or anything similar in stock and that I would have to have a refund. I said that I only returned the goods because I was promised it would be replaced by a new one, the possibility of a refund was never mentioned to me. I said that if they could not honour what they had agreed to do then at the very least they should sent it back to me and I’ll try to get it fixed by the manufacturer. The woman laughed at me and said that my only option was a refund, because they had already sent my Sat Nav back to the manufacturer. Surely they have no right to do this, isn’t it still my property? The non-sale price is £319.99; surely they don’t have the right to purchase it back from me at the sale price (£149) without my consent, do they?

    Reply
  • Peter Jones 18 August, 1:04 pm

    Hi, I bought a laptop from a retailer over two years six months ago and it now doesnt work, the retailer says the motherboard is faulty and cannot be repaired economically. It only came with a manufacturers one year warranty. Do I have any recourse ?

    Reply
  • Liam 26 August, 4:30 pm

    Hi,

    Do you have a link or a copy of the actual law stating this 6 month fact? Where would I be able to find these specific consumer laws?

    Thanks

    Liam

    Reply
  • vic 27 August, 4:49 pm

    Replacement for accessories

    Just to raise awareness, I visited a Comet store as the charger of a recently purchased electronic unit was faulty. The sales agent said I need to purchase a new charger as the charger is not covered under warranty. He said that was the usual practice for “consumables” – I tried in vain to explain that a charger cannot be a consumable (it is not a battery!!). After a long argument and phoning the manufacturer, it was exchanged at no cost.

    I have made a complaint with consumer direct. I encourage others to make a compliant to consumer direct if you have experienced such misleading actions. Unless there is a critical mass of complaints, it is unlikely that there will be enforcement action.

    Thanks

    Reply
  • Paul 8 September, 12:17 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

    Reply
  • Lynn 20 September, 11:18 pm

    Hi,
    My mum bought a Pentax E75 digital camera in Aug 09 from Comet in Prestwick. It stopped working so mum took it back to Comet in July 2010. Comet advised her that it was a faulty batch and they had been recalled, although no-one thought to contact mum. After a 6 week wait when the camera had been sent back to Pentax for replacement and some phone calls, the camera appeared. We took it home, not only on opening the box did we find out the camera still would not work, but the camera was not new, the lens surround was scratched and so was the lcd display. We returned the camera to Comet and requested that they either replace the camera with new or that Pentax did. Comet staff were most disinterested and mum was told a couple of days later that it was Pentax’s policy to send out refurbished cameras. This camera was under a year old, had been used for one holiday only, had not been abused (mum is almost 80). Is it standard practice for a company to replace their faulty camera with a refurbished one? There was no mention of this from either Comet or Pentax when the camera was originally purchased or when returned to Pentax as part of the faulty batch. Mum lives in Scotland and the camera was purchased locally to her, are the laws different up there? Do we have a right under the SOGA to demand from Comet a brand new replacement camera of the same value or better without having to hold Pentax to ransom?

    Reply
  • Clive 21 September, 3:24 pm

    On the 8th of august 2009 i purchased a sony a200 digital slr camera i also purchased a sigma 70-300 dg lens.Now after 13months of medium use the lens has developed a fault, i did some research on the lens to find out that i am not the only person to have the same problem with this lens to fit a sony camera. It would appear that sony uprated the motor in the camera and now has to much torque for the lens thus breaking the cogs on the lens. spoke to sigma who said yes that problem can occur,went to place of purchase who said out of warranty cant do anything. Surley 13 months is not reasonable for the life of a lens? do i have any comeback to the place of purchase?

    Reply
  • Alanah 21 September, 6:08 pm

    Hi, wondering if anyone can help.

    I bought a Bosch fridge freezer from Comet in Oct 07, it broke down in Sept 08 and was mended by Comet, it then broke down in Sept 09 and was mended by Bosch, it has now broken down again! Bosch claim it’s not their responsibility as the warranty period is only 2 years and Comet claims it’s not their responsibility as it’s worked for 2 years since last inspected by them. I’ve told comet I’m not happy as regards the Sale of Goods act and would like a repair but they’re not budging. I’ve now lost food on 3 occassions and have had to have a deep professional clean of my kitchen due to the fridge flooding the room.

    Any advice would be great

    Reply
  • Vicky 24 September, 7:15 pm

    Hi,

    I’d like some advice on my rights. I bought a black & white Coast dress on the House of Fraser website in March. After wearing it once I took it to by dry cleaned as it had a small make-up mark on it, and the lable states it is dry clean only.
    I took it to a well known dry cleaners, and when I left there they informed me that they sometimes have issues cleaning black & white dresses as the black can run into the white. They informed me that if they thoguht they may be an issue they wouldnt clean, but contact me first so I could advise them on what I wanted to do. They also told me as it was a Coast dress, and a well known brand, there shouldn’t be any problems with it. After trying to clean it, they couldnt get the mark out, it had faded slightly but wasnt removed, they advised me to complain to the store.
    I rang House of Fraser customer services to get advise on where I make the complait, House of Fraser or Coast. I was informed that I could send it back to the website, or (strongly recommended) to take it to store to customer services, where they believed I’d recieve a full refund, even though at this point it was August, and well over the 28days. I took it to store to find there was no customer services, and at this point i was very annoyed. I rang customer services (2nd time) and asked for advice, and was informed to return it to them. They emailed me a postage note so I would not have to pay for the recorded delivery. I returned the dress with a letter of complaint on Monday 13th September. I rang customer services (3rd time) on Sat 18th, to get an update and was informed it could up to 14days for a refund. I then rang them again (4th time) Thurs 23rd to ask for an update, only to be informed they had nothing on my account to say the had received the dress, I was told they would contact the warehouse and call me back after 24hours. Once 24hours past, I rang them for the 5th time to try and get some idea of what was going on. At this point i was informed that they still were unsure if they had received the dress, and that once they had they would have to check the dress for fault before confirming if i could have a refund.
    This has now been going on for over a month, and I’m getting more frustrated each time i speak to them as I dont know where I stand, and after all this if I’ll even get the refund. Any ideas on what I can do?

    Reply
  • Jonathan Baynes 3 October, 5:28 pm

    Hi There,

    Can anyone help me, I have purchased an ottoman storage bed (purchased in June 2010) it has now broken, on contacting the company involved, they advised me that they didn’t stock this item at present, but did have a replacement part (the right side of the bed) but it had a scratch on it, but I was happy to receive this until such time as they got new stock into the warehouse, this will be november some time. I have yesterday received this spare section to find its the wrong side, so I now don’t have a bed that is useable. Knowing that this bed will not be stocked until November , I know the sale of goods act protects me, but what should I ask the company to do, refund or replace with a like product?? is this fair to ask??

    Can someone let me know I have to talk to them tomorrow, any suggestions would be really appreciated

    Reply
  • Darren 31 October, 6:40 pm

    Hi,
    I bought my wife an expensive watch from a jewellers. Within 7 days the watch was losing time. We took it back to the shop and they said they would need to send it back to the manufacturer to be repaired. We don’t feel this is good enough and want a refund or a new watch. The shop have said before they can give us a new watch they need to send the old one back to the manufacturer for investigation. This seems to be at odds with the sale of goods act that’s listed above whereby the contract is between myself and the shop, not the manufacturer. We bought the watch on a credit card. I’m thinking the shop should offer a refund or alternatively we will need to get the credit card company involved. Am I being reasonable? Have I missed anything?

    THanks for any advice.

    Darren

    Reply
  • Steve 7 December, 3:01 pm

    Hi, I have a Sony 40″ LCD that has developed a fault within 2 years of normal use and which I have discovered via the internet to be a manufacturing fault (many other sets suffer the same after a similar length of time). The company who supplied it have since ceased trading (over a year ago it appears). Do Sony have any legal requirements to satisfy me and replace my faulty TV. I do not consider 2 years to be an expected life for a thousand pound television. Sony are clearly aware of the fault but seem to be very keen to avoid responsibilty from the cases I have read about.

    Reply
  • steven 8 December, 7:30 pm

    I purchased an expensive premium quality Hyundai w240d 24 inch PVA LCD monitor from http://www.overclockers.co.uk in September 2008 for £350. This monitor was advertised as having a 3 year warranty.

    In October 2010 the monitor failed with 11 months left on the warranty. The retailer passed me along to the manufacturers warranty supplier, a company called repairtech.co.uk .

    repair tech have had the screen for more than 2 months now and haven’t fixed it. repairtech say the parts are on order from Hyundai but they have no idea if or when they will get them.

    This was an expensive screen. costing two or 3 times more than the average ones. It should have lasted well beyond 3 years.

    The warranty repair company has been useless, the retailer wont help in any way.

    can you offer some advice please.

    Reply
  • Andrew 14 December, 4:55 am

    Hi, I recently bought a new pair of jeans from the
    retail firm All Saints. The price on the sale ticket
    said £75 however when the sales advisor put it
    through it came up as £85. There was also quite
    a number of items that hadn’t been marked up in
    price when I looked on their Internet site later that
    day Should I be able to pay £75 for misleading
    Information? Or is it down to the managers discretion?

    Reply
  • Norman Sullivan 31 December, 10:26 am

    Jonathan orange response
    Hi there just wanted to ask for help as on 24 dec 2010 I bought a iPad 32gb 3G  for my wife who cant use our laptop as she is 8 months pregnant so she can use the internet. from stafford orange store and after activation found a dead pixel on screen rang orange that night was told to take to shop waited for shop to be open told by them needed to get in touch with apple booked an appointment for genius bar took fife and daughter who is 3 on train to Birmingham 48 mins each way and after queueing for 20 past my allotted time was told no replacement so rang apple support they said will replace but will be (as new) so I said no I want a brand new one not one made from different iPads so back onto the phone to orange Cus services they said within first 7 days if faulty they will replace in shop so after 10 mins rang up again to ask same question and told the same answer so today off to the shop to replace iPad and guess what no they wouldn’t even though I has Cus service telling manager what to do he wouldn’t do it as it was against his policy and his area manager agreed and even though Cus service was trying to help the little so and so was then trying to say well I have the advantage of seeing the device which was a way of saying the customer is lying which I picked up on and told him straight that apple has deemed it faulty orange has deemed it faulty and still I can’t replace or even cancel my contract which is against the law under the supply and goods service act 1982 I have got trading standards involved and watchdog and this little hitler has caused stress beyond any should have to go through my wife and I have been consumed by this problem and only want a correct product for the job it’s for i.e not faulty and correctly working he had cost us money to and from Birmingham and out of pocket expenses all because he has no idea what law the public are protected by not by what policy he thinks is right pls can you help ne as still today 2 women are trying to help but this needs to go up to the executive level

    Reply
  • Elizabeth 18 January, 11:23 am

    Hi, I bought an oven from Very.co.uk in December. The advert stated that it should come with 3 shelves, but it arrived with only 1. Very keep telling me it’s their policy to just give me the number of the manufacturer to order replacement parts. Shouldn’t they have to sort it out with the manufacturer as I’m paying them for the oven, not the manufacturer?

    Reply
  • Tracey Mitchell 23 January, 11:41 pm

    From a tile company I bought underfloor heating in Nov 10. A week later when our electrician was ready to do the job there was a problem with the thermotat. My husband was there when the electrician took it out the box and immediately said there could be a probem. He wired it in and then saw the screen was damaged. When we took it back to the shop they said that the electrician did it when he wired it up so would not give us a replacement. I rang the manufacture who said it was a common problem and said they would give us one half price. When i rang the the company back they still tried to charge us full price and said they woyuld give us £35 credit for tiles they knew my father wanted even though he was getting it at half price though disputed this. Do I have a case legally to get a replacement.

    Reply
  • Theresa McLaughlin 16 February, 5:57 pm

    Hi, I bought an Acer laptop in April last year from Tesco Extra. I am not hard on the pc and take care of it as best I can. last weekend one of the keyboard keys popped off. Acer say I can send it back as under warranty and they will sort it but if damaged in transit in any way then I am responsible. I called Tesco and they said that as outwith 28days is not their responsibility. Can you advise please. If I send the laptop back to Acer I will have no computer until is is returned.

    Reply
    • Chris 20 February, 1:06 pm

      Hi, I had the same issue. Tesco never want anything to do with faulty items. The agreement is with Tesco but I would highly reccommend just going to Acer. I did contact Acer and they are very quick and provide excellent service. You just have to arrange with their customer service team to get it picked up and will be back normally within the week. Just make sure it has a lot of bubble wrap and newspaper wrapped around it in in a good box.

      Cant fault Acer in anyway. Tesco on the other hand!!!!!

      Reply
  • Daz 16 February, 6:58 pm

    Here’s a letter that I sent to Amazon…any advice is appreciated :)

    On 29 Dec 2009, I bought a Canon MP630 Printer from Amazon for £99.99 (£30 Amazon voucher used) which is not of satisfactory quality.

    The printer will not print black or white, colour documents or photos properly despite having followed the advise by Canon to fit new cartridges and clean the heads. They have suggested that the problem is with the print heads.

    Canon have no legal responsibility for the fault as they do not have a contract with me, however, Amazon do. Under the Sale of Goods Act 1979 it states that goods must be fit for purpose and life expectancy taking into account the price paid and the nature of the item purchased. I believe that it is reasonable to expect a printer such as the Canon MP630 to last much longer than 13 months when used in the home environment with reasonable usage.

    I would be grateful if you could arrange for my Canon Printer to be repaired or replaced within 14 days from receipt of this e-mail.

    Yours faithfully,

    Mr ………

    ——————————————————————
    Hello Customer,

    Thank you for contacting Amazon.co.uk

    I am sorry that you are not happy with your purchase.

    Unfortunately, as you purchased this product December 29, 2009, and have used it without experiencing problems (to our knowledge), for a substantial period of time, we are unable to offer you a refund or replacement.

    Please check whether your product still has a valid manufacturer’s warranty, either an original warranty or an extended warranty that you would have purchased at the time of purchase of your product.

    If your product is still within its warranty period or you did purchase an extended warranty, please get in touch with the manufacturer immediately. The manufacturer may offer a repair or replacement service under its warranty terms.

    If the manufacturer’s warranty has expired, we still suggest that you contact the manufacturer. Depending on the circumstances, they may be prepared to help you or provide you with details of the charges for an out of warranty repair.

    Can anyone suggest what I should do now?

    Reply
    • FRANK 10 June, 10:40 pm

      hi to the guy who bought the canon printer from Amazon .
      You are correct the sale of goods does apply to them your contract is with Amazon and not the manufacturer under section 14 of the above mentioned sct the goods are clearly not fit for purpose go back to Amazon and tell them to look up this act andif they still refuse to do anyhing then take them to court

      Reply
  • Nichola 22 February, 11:16 am

    my mum bought a steam iron from a big electrical store it cost £150 it has lasted 6 months we went back and they said there is nothing they can do because we cant find the receipt but they did say if we had it it was covered by a 3 year manufactures guarantee. Is my mum left with a faulty iron?

    Reply
  • Elinor 23 February, 1:06 pm

    Hi
    I bought a pair of boots for my Christmas present from my parents last year for £125. That was December 2009. I didn’t wear them that much last winter, but have worn them a lot this winter. The other day, the stitching on the boots at the back started to come away and so I can’t wear them at all. As the boots are now over a year old, do I have any rights at all as a consumer? It is obvious from the wear on the soles that they haven’t been worn consistently. I’ve never spent this amount before, and was hoping they would last me at least 3 years. Am I being really unrealistic? Thanks so much.

    Reply
  • Mrs Kennedy 27 February, 9:43 pm

    I have a problem with my electric blanket.It is outside the 1 yr guarantee,but inside the 2yr manufacturer guarantee.Argos say I have to contact the manufacturer,even though I have pointed out that is not right under the sale of goods act.What should I do next?

    Also a sony digital camera from argos was repaired while under guarantee as the shutter jammed and wouldn’t open.It then developed the same fault after a few months.But as it is outside the ‘guarantee’ Argos said I have to pay for repair,even though it is the same problem.Or I will have to get a report to say what the fault is and price.But I don’t know where to get this and I am disabled and cannot get out to do this-(the goods were delivered).Please help.

    Reply
    • FRANK 10 June, 10:50 pm

      hi Argos are having a laugh the fact that the goods were repaired and still have fault they are clearly not fit for purpose under the ssale of goods act inrespective of the warranty.
      Within 6 motnths of purchase you do not haveto provethe goods were faulty afterwards you msut provethe goods are faully ,however since the goods were already repaired and hav developed aanother fault then Argos arfe aware the the goods are unfit for purpose .
      Very few electrical faults are caused by misuse go back to them they are in violation of your statutotry and this is a criminal offence if the goods were homedelivered then Argos have anlegal obligation to arrange collection and reedress this problem. YOU SHOULD NEVR BE DIRECTED TO THE MANUFACTURER AND YOUR CONTRACT with Argos is valid for up to 6 Years you may not get a full refund but Argos were made aware of the fauly goods then the onus i on them goods luck

      Reply
    • FRANK 10 June, 10:53 pm

      sorry i forgot to tell you that you are not required to pay for any repair or report tell Arogs this

      Reply
  • Zandile 15 March, 11:35 am

    Hai, I bought a cardigan made fro linen and cotton from Urban stores on the 17th December 2010. The cardigan has small holes and has teared off between the underarms. I went to the store and have been told that the policy doesnt allow return of used goods and that they will investigate the matter with their designers and call me for questions like how I washed the cardigan. I would like to know if this is not direct infringement of my statutory rights. Please note the cardigan is less than 3 months with these kind of problems.

    I am also fearing that the technical team will play with terms and put the blame on how I washed the cardigan. Please advise on a way forward.

    Reply
  • Chris 16 March, 9:02 am

    Hey there.
    I bought a Sony Vaio Laptop from Costco 2 years and 3 months ago. Recently the graphics card failed – as it is part of the motherboard, this means it requires a whole new motherboard to function again. Sony have had a number of problems with “similar” graphics cards – but unsurprisingly, my particular model is not covered by their extended warranty on those particular models of laptop (featuring same model of graphcs card).
    Anyway – okay the laptop is just over two years old, in my opinion, it should last longer than that. I bought the device from a wholesaler using a membership card – do all the usual rules governing sales of goods act still apply, please?

    Reply
  • graham 16 March, 10:48 am

    i found this site on my search for help so here’s my successfull story.i successfully got uk retailer comet to pay for the replacement of a logic board on my faulty macbookpro laptop out of warranty (£395). it was 2 years 2 months old and suddenly stopped functioning overnight. http://www.consumerdirect.gov.uk were a great help on the phone. i successfully claimed using the sale of goods act as reference. comet were dreadful on the phone at head office, never listening to any points about the sale of goods act that were in my favour.consumer direct advised to cease phone contact.this was also the case in two letters from their customer complaints department.letters back did not address my points (templates on the consumer direct website).almost was at small claims court procedures then the lovely lady at consumer direct suggested she contacted the local trading standards on my behalf.a week later i get a call from the company secretary’s office saying a full one off payment will be made after a call from trading standards but no admittance that it was anything to do with the sale of goods act.whole process took 3 months.don’t give up.speak to the right people such as trading standards or consumer direct. good luck

    Reply
  • Emma 18 April, 11:26 pm

    I recently bought a bike from Halfords, from the moment I left the shop it has done nothing but breakdown. I have had it repaired 3 times (on their insistance not mine) as they refuse point blank to give me my money back. I was even told that the Sale of Goods act I printed off didn’t cover bicycles!!

    I am at my wits end as I am now stuck with a bike that has a jamming chain and a shop that is rude to me when I try to get my money back. Who is right here?

    Reply
    • FRANK 10 June, 11:05 pm

      HI Emma ,take it back to halfords it is clearly unfit for purpsoe and you do not have to prove ant fault within 6 months of purchase quote the sale of goods act 1979 it states wuite clearly that the goods must be fitfor purpose and if it fails then they must repair it free of charge or offer a suitable replacemtn

      Reply
  • robert 3 May, 11:39 pm

    when a product is purchased with a ‘lifetime guarantee’
    what does this actually mean and how long is a product actually covered under this type of guarantee, ie could i consider taking a piece of faulty goods back to the store after 3 or 5 years.
    In terms of a product, how long does lifetime actually mean?

    Reply
  • Zoe Kendle 23 May, 10:59 pm

    Please help!

    In Dec 10 I purchased an Obaby Pushchair from the Kiddicare website. This was a “spare” buggy and so had only been used 5 or 6 times in the period upto Mid April 11, when one of the handles snapped right off the frame.
    Kiddicare eventually managed to arrange for Obaby to collect the goods from me last monday after an 8 hour wait for their courier and on Friday they emailed me to say they were prepared to offer me a credit note to the value of the buggy (£49.99). My issue is two fold:
    1. Can I ask them to refund the money to my card I paid with rather than accepting a credit note as I don’t want to have any further dealings with OBaby, their customer services are appaling.
    2. If I have to go with them shouldn’t they have to replace the goods like for like?
    My concern is that the buggy was bought half price and they are fully aware they don’t sell anything like it for £49.99.
    I would like them to replace my buggy with a same spec buggy at their own cost, I feel like they sold the buggy cheap knowing it was rubbish… My baby wasn’t hurt which is the only good thing!

    Many thanks

    Reply
  • FRANK 10 June, 11:00 pm

    t5he contractor cannot recind responsibility even underthe sale of goods act you have protection up to 6 years from date of pruchase for the first 6months you do not have toprove that there is a fault afterwars you may be required to do so ,but saying that clearly a laptop is expexted to last more than2 years and unfit for purpose take it back to the retailer with proof or purchase i.e. till receipt credit card or debit card statement delivery not /advice note you can also claim a rfefund from your credit card company UNDER THE CONSUMER CREDIT ACT SECTION 75 .
    GO BACK TO THE RETAILER AND DON’T BE FOBBED OFF YOUR CCONTRACT IS WITH THEM NOT THE MANUFACTURER GOOD LUCK

    Reply
  • faisal 22 June, 1:53 pm

    Hi

    I hope you don’t mind giving me some advice. I bought a crosstrainer from John Lewis last year which came with a 3 year warranty. 9 months after buying it, it developed a fault. John Lewis contacted the manufacturer who arranged to have an engineer look at the machine. It has been 3 months now and the cross trainer has still not been repaired – one engineer did visit 2 months after the initial fault was logged and he wanted to order more parts and I am now into the end of the 3 months since i have been able to use the machine. My question is who is responsible – John Lewis or the manuyfacturer? I assumed that I should be dealing with the seller but seem to be chasing the manufacturer myself. I am entitled to ask for a replacement? Isn’t 3 months an unreasonable time period to wait for a repair? Thank you

    Reply
  • Susan 23 June, 9:44 pm

    I bought an electric cutting machine for paper crafting from an online retailer. Within days it stopped cutting; I emailed the retailer and they asked me to return it which I did (at my own cost) and they sent a replacement. This second machine has developed the exact same fault 5 months on. I have now emailed the retailer 3 times about returning a faulty product but they have not responded. What is a reasonable length time for them to take to respond to my emails and if they breach this timescale, what can I do next?

    Reply
  • Gemma 13 July, 4:21 pm

    I bought an Acer Aspire 77157z from Argos in December 2009. I think it was some time this year I had to send it back to Acer to have the screen repaired. Now the screen is not working again, I didn’t pay for an extended warranty with argos or acer. Is it my responsibility to have the screen repaired myself?

    Reply
  • Rob 17 July, 6:45 pm

    Hi
    I bought a Sony 32″ LCD from Pixmania. It was delivered by their partner company Currys. After 3 years 10 months it has completely packed up. I searched on the internet and it would appear that this is a very common fault on this model of Sony LCDs sold between April and November 2007. The forum lists hundreds of people with exactly the same issue. It is due to a faulty component that controls the graphics and LCD panel. Sony released a fault sheet for this TV and I have a copy of it.
    I would like to know if I can take the Tv to Currys who delivered it on behalf of Pixmania. I think I would have more problems if I tried this with Pixmania as they are based in France?
    Do I have any rights under the sale of goods act in this instance? I find it totally unacceptable that the TV isn’t even 4 years old and has packed up.
    Best regards
    Rob

    Reply
  • Gareth Baines 3 August, 1:47 pm

    Hi, I bought a Philips home telephone (model number: SE565B) for £84 from John Lewis – however I haven’t got the proof of purchase (I think it got lost when we moved house). John Lewis has said they can’t help because there’s no proof of purchase and said to go directly to Philips.

    The problems with the phone do seem to be quite common and point towards a manufacturer fault. The phone likes to switch itself off and on again, repeatedly, when a call comes in. It also likes to turn the answerphone off for no apparent reason – but it can switch itself off for a week at a time, and it wont let you record a new message or turn it back on manually. It also likes to switch itself off when you put it on speakerphone.

    Philips first said to ‘turn it off and on again’, when I explained that apart from the phone doing it to itself, I have also done it a few times to try and reset it. Philips have said they’re willing to offer a 50% discount against a future purchase but this is all they’re willing to offer. When I said that it is less than a year old, and that products are expected to last a ‘reasonable time’ all Philips will say is that it’s nothing to do with them?

    Reply
  • Leanne 31 August, 12:04 pm

    I took out a 2 year contract through phones4u on a HTC Desire HD in Feb of this year. Earlier this month it developed a fault where it would turn itself off during operation, would only turn back on if it was plugged in and eventually would only stay on if the SIM card was not in (hardly fit for the purpose of a mobile phone!!).

    I looked on the phones4u website who say that if the phone was from HTC and over 1 month old you have to deal with HTC?! as i had not looked on this website i blindly followed instructions. HTC had my phone back and within 24 hours had apparently repaired it and sent it back.

    The repair did not work and when i contacted them again the said it had to be sent back in for repair again and that i could not have a replacement handset. i did this and have got it back today. i have yet to see if it works or not however i contacted HTC to find out what they did and it seems they have just performed the same repair as they did first time so i am not holding out much hope here!!

    HTC say it is company policy for them to only replace a phone after it has had either 3 software repairs of 2 hardware repairs or a comnination of 3 of each repair. i am not happy with this and IF my phone is still not working after this first repair i would like to know if i am entitled to a replacement phone. i believe i have given them ample opportunity to repair my phone and think the fact that they have not tried anything new on the second repair shows a complete lack of ability or customer service!

    Where do i stand?!?!

    Reply
  • Kevin Sparks 28 September, 8:07 pm

    Hi, I purchased 30 light fittings to install in my refurbished kitchen. After 18 months it was clear that there was a problem with a number of lights and after 21 months, 10 of the 30 had failed. I approached the retailer/wholesaler Gil-Lec who informed me there was no longer a relationship between them and the manufacturer and that my only course of action is to return to the manufacturer. The manufacturer accepted a return of one of the fittings, and confirms there is a fault. They have offered to repair the faulty lights. I have a concern that even if repaired, I may well have further failures in due course. Therefore, it is a temporary solution. It get’s worse, it cost me £1000 to install them. If i need to replace all of the lights, I will incur a significant bill. What do I do?

    Reply
  • Robbie 4 October, 3:31 pm

    Dear Sir/Madam,
    Let’s say I own a shop or website on which I sell PC parts, my supplier/distributor is refusing to accept any RMA returns after 28 days of purchase, I know that for consumers there are many rules which protect them, but how does this go for resellers? they say that for B2B such rules do not count and I need to return the RMA products to the manufacturer which is located in another country.

    Hope some one can help me

    Reply
  • Edd 5 November, 1:11 pm

    I baught a kodak printer on the 28th may this year from staples in Huddersfield. The printer keeeps swotching itself off in the middle of printing a document or photo. i have rung staples and they inform me that they have to send it away and they can not offer a swap or refund…is this correct?

    thanks

    edd

    Reply
  • Wendy 6 November, 12:47 am

    Hi Edd

    Yes.

    Staples Terms and Conditions are here http://www.staples.co.uk/wrapper.aspx?param=help_policie_sale Under point 10 days it is over the 30 days they allow to return unwanted items (no quibble refund).

    As it is under 6 months they can offer to send it off for repair ‘at not cost or any significant inconvenience to yourself, within a reasonable timescale’.

    Sorry I am normally one to did my heels in, but this time you need to let them try to repair it and they can not or the same fault happens again push for an exchange or refund.

    Wendy

    This says you have 30 days (see point 10) to return

    Reply
  • mark 21 November, 2:14 pm

    Hi I purchased a Washer dryer from a local stockist and was informed that it came with a 5yr warranty. I contacted the manufacturer to register the product. Now I have a fault and they have no details of me being registered some 3 1/2 years ago. They will not honour the warranty now, what can I do

    Reply
  • Dan 29 November, 2:00 am

    Hi, I purchased an HP Touchpad from Carphone Warehouse on 15/09/11 which has since developed faults; short battery life, poor sound quality and unreliability connecting to wireless networks. On returning the item to the local store they quoted their policy of no returns after 30 days. I quoted the SOG to the manager who just kept referring to the company policies and he refused to budge, all he would do was refer me to the manufacturer for a repair. He also stated they do not repair tablets in house and have no more in stock as the product has been discontinued – how can I proceed further with this as ideally I would now just like my money back? Also, if I do get a refund can I also get a refund on the accessories I purchased with this tablet as they would no longer have any use to me as they are specific to this tablet brand only.

    Reply
  • Lynette C 30 November, 11:38 am

    I bought a pair of ‘skinny’ jeans from a well-known high street store. I was so pleased with the fit, I went home and ordered a further two pairs in different colours from their website. I washed all three pairs before wearing (at 40 degrees, as directed), to avoid potential colour transfer to lighter fabrics. When I put on the first pair, they felt baggy. After just half an hour of wear, they were ridiculously baggy, and I had to change. All three are unwearable, due (I believe) to cheap fabric.

    I had previously bought a pair of skinny jeans from the same shop, but in a different style and fabric. These maintain their fit and have been washed numerous times with no problems. Strangely enough, when I bought these, the sales assistant remarked “They don’t go baggy around the knees.” My reply was “I should think not.” (Rather curt, but she’d just been trying to push one of their store cards on me, which tends to annoy me.) She said, “Well, lots of others do.” I now wonder if she was referring to their own products, not (as I had assumed) the products of competitors.

    So, are these of merchantable quality? Do I have (excuse the pun) a leg to stand on?

    Reply
  • phillip ford 6 December, 11:23 am

    i have had a new kitchen installed( 5 weeks)it was 10k for kitchen 6k for appliances , i have noticed that the laminate has started to lift in4 places near the sink front , my suppliers are trying to put this on the german manufacters ,who responded with any water must be wiped up immediatly. if i had known it was suseptable to water damage i would have not gone ahead with purchase, i was never told of this or never seen this before , i use the dishwasher for all washing and i do wipe after using tap as i have a wooden floor as well ( which is fine)
    what are my rights and how do i act on them?
    regards
    phillip

    Reply
  • Rebecca 9 December, 2:04 pm

    I have a HTC sensation and have had it for two months, it is already faulty. It constantly freezes and the touch pad of the phone will not work. I got the phone from Phon4u they have been useless and told me to got to HTC directly who have also been useless and advised me that there is a fault and that it will need to go away ro seven days and be repaired. I am on a conract and have to pay for this and be without the phone i pay for? I am not happy to have it repaired as it is on a 24month contract and hasnt even lasted 2months, what should do? Where do i stand i want a replacement phone or a different model/make.

    For a smart phone not very smart.

    Reply
  • mike 29 December, 10:50 am

    from what i understand of the sale of goods act, you have the contract with phones4u not htc. a product that breaks down within 6 months is accepted to be faulty at time of purchase and phones4u are liable, without any cost to you. i believe they are entitled to send it away for repair.i would go in and talk to them about buying a htc phone and ask how long they usually last, when they tell you ask them if they have a policy on selling phones that only last 2 months and explain your problem and citing your rights under the sale of goods act

    Reply
  • Ann 30 December, 12:51 pm

    Ho bought a toilet from b & q 3 months ago. I had it fitted by a professional plumber but have had nothing but problems with it. I have now been told that the toilet needs replacing as it can not be fixed. Surely I am entitled to a refund as the toilet is not fit for purpose. It is only 3 months old and have the receipt. I called customer services who are wanting to discuss matters further with me.

    Reply
  • Simon 4 January, 3:30 am

    I bought a philips airfryer from argos less than 2 weeks ago. The product is pretty useless, leaves food burnt on the outside raw on the inside, I followed the instructions to the letter and tried other variations of temperatures. I just want a refund, this surely falls into “product not fit for purpose”, but when i took it back to argos they said i should take it up with the manufacturer, argos say they can only refund if it is faulty or has not been used. Surely it is argos’s responsibilty to refund? Could you please advise what i should do? Thanks very much in advance for any help.

    Reply
  • Kiran 7 January, 11:01 am

    I bought a Creative Zen X-fi from Amazon 2 and a half years ago and three weeks ago the device died with no indication that it was going to happen or having experienced any problems with it before. I contacted Amazon and even after mentioning the sale of goods act, they rebuked me and said that it was too long ago to be their concern and I should take it up with the manufacturer (!)I will now write a formal letter of complaint to Amazon and would like to know exactly which section of the act I should quote in it to claim that their claims of it being the manufacturer’s responsibility are false.

    Reply
  • Kelly 20 February, 10:52 pm

    Hi

    My sister bought a vacuume less than a month ago and it is useless. She has spoken to the shop who have told her she can’t have a refund or exchange and that she must go through the manufacturer to deal with the problem. They have offered to send her a new filter without even checking what the fault is. She has now had to go out and spend more money on another one. Please can you help.

    Thanks

    Kelly

    Reply
  • Barbara 27 February, 10:13 pm

    Four months ago I bought a 4 litre glass water bottle that collects water from my water distiller and now 2 pieces of glass have broken off the top edge through no fault of my own. Am I entitled to a free replacement bottle? I can’t prove that it wasn’t accidental damage.
    Thanks,
    Barbara

    Reply
  • mike 8 March, 9:36 pm

    i purchased a laptop from my friends catalogue was ordered on the 7th jan 2012 an delivered t me on the 27th jan 2012 its now the 8th march 2012 an the laptop has developed faults ie built in wireless is not always working. the buttons on the keyboard do not always work and doesnt always start up 1st time i have to power off the laptop then power on again the catalogue company keep on refering me to the manufcturer to have it repaired as it is over 28 days old. they will not accept retrn of the item. i do not want the laptop repaired i just want to return it and my friends catalogue account refunded. am i entitle to this?

    Reply
  • Evelyn 31 March, 9:36 am

    Hi I bought 2 fuel pumps carco from Spa motors I took the one back and they didn’t credit me, but said they will sent it back 2 the manufacturer to check its being 3 weeks gone by no reply. The second pump they say they cnt do anything abt it its the car that’s faulty. When we tested the pumped at another. Pump specialist they say pump faulty. So what do I do is this case please advise. Reply

    Reply
  • clare 24 May, 4:30 pm

    i bought i coast black and white dress no one will dry clean it as say clothes will run they have done a dip test. i have spoke to coast who dont want to know say take it somewhere else,say even if colour does run they will blame dry cleaner

    Reply
  • Barry 24 May, 4:31 pm

    I bought a microwave/oven in August 2012. It has had fairly minimal usage since but this week whilst in use the glass turntable shattered into several pieces. I have been given the runaround by the company I bought it off but finally received a phone call from their HO saying it was not their responsibility and giving me a number I should ring to purchase a replacement.

    Are they correct in saying they have no responsibility at all?

    Reply
  • Michelle 30 May, 11:04 am

    I purchased a Samsung digital camera from Comet on 24 May 2011 at a cost of approx £70. Whilst using it last weekend the screen suddenly showed what looked like a pressure fracture, although the actual screen isn’t broken?! I took it to Comet yesterday evening, the staff member told me it was out of warranty and that a repair cost would be expected – I mentioned the Sale of Goods Act and that I did not need a warranty and that I would not be liable as it wasn’t my fault. I received a call from Comet this morning advising that Samsung have deemed it as ‘accidental damage’ and that I will be expected to pay for repairs as the camera is out of warranty!

    Should I expect Comet to pay for the repair? I have friends that were with me all night and can confirm that the camera was not dropped. Where do I stand on this?

    Reply
  • Norman Hodge 2 June, 4:34 am

    Hi
    I purchased a LG DVD,REC, VHS player combo when conected to the TV will not tune in channels 7 or 9 .
    I have 3 tv,s in the house and all receive all the channels perfect, but when this machine is connected to the tv it will not tune in channel 7 or 9.
    I have emailed LG severel times but without success they say I have to take it to a service centre to be repaired.
    I purchased this on the 22/3/2012 and it has never tuned in 7 or 9 I think I have the right to return to the shop, am I correct .
    Many thanks
    Norm Hodge

    Reply
  • Henry Malone 5 June, 5:41 pm

    My question is regarding any contract mobile phone !!,

    when you sign up for a mobile phone contract
    you are issued with a NEW mobile phone !!
    You would usually pick a current top of the range mobile or one that is within your budget )
    this would be in an agreed price and for a length of service or contract , eg . 12 months , 18-24 months .

    So How long will this NEW MOBILE Phone be covered should any problem arise within a 12 month period .
    who is responsible for the fixing the problem .
    Within the first 12 months and Should this mobile phone be unable to be fixed , what then !!!
    Is it the Mobile Phone shop , or the MOBILE Manufacturer .
    And at what stage in an agreement does this then become the Contract users responsibility.

    This is not an issue regarding INSURANCE , unless you wish to indicate that an item is only covered with a 12 months Manufacturers Guarantee.

    Reply
  • Bobby 8 June, 10:40 pm

    Hi guys, I have a problem, I have recently bought a samsung 3dtv from an online shopping store. It was delivered on 22nd May 2012, I unpacked it attached the stand, and as ive looked it the box for the remote to set it up and tune it in, No where to be seen along with the 2 pairs of complimentry 3d glasses. I was fuming and on examining the box further relised that the boxed had been ripped down the side where the handle on the box is located. The hole was conveniently big enough for a arm to fit in and have a good old rumage around (yes i did put my arm thru the hole to see if if was possible). I immediatly phoned the company explained what the problem was they advised me that they will get replacements sent out. I then began to question the advisor how long will it take. He then advised me the only thing he can do is send an email to the manufacturer for replacements and said it should take no longer then a week. I emailed them on 2nd june, again seeking a update, timescale ect aswell as letting them know my frustrations in the most nicest possible way. I recieved a email back on 4th explaining parts have been requested and i need to be patient and allow a little longer for delivery. Are they having a laugh, be patient, after I just spent £700 on a tv that I cant even watch cause I cant set the bloody thing up as the remote & glasses bandit had his wicked way. Where do I stand? What are my rights? I dont want to return the tv as I was lucky enough to get a great discount and am in love with the tv even though I am yet to have the pleasure of watching it. Can I get a partial refund? Credit note ect And how much longer do I have to wait. I just feel that if i contact them again there just going to email me the same response. Please Please HELP for my sanity

    cheers

    Bobby

    Reply
  • Brian Coyle 26 June, 4:57 pm

    Wonder if you can help? I purchased a Kodak printer on 15.08.11 from PC World, therefore Standard (1 year) Guarantee still valid for a further 6/7 weeks or so, and therefore into the 2nd 6 month half of the warranty, (I also have their ‘Whatever Happens’ Instant Replacement guarantee/warranty which lasts until 14.08.14 It now won’t print colour at all, and a test page prints virtually nothing apart from a few smudges. When I return it to the nearest branch, and they tell me, for example, that a new printhead, or whatever part is needed, am I obliged to accept a repair/new part under these circumstances, and wait for the part to come from Kodak, as they apparently have to send the printer back for inspection by Kodak – which can take between 10 & 21 days (so I was told), or can I request a replacement/new printer immediately from the shop in question, if a new part is required? I was told I can only request a replacement/new printer if the ‘delay’ goes beyond 21 days.

    Reply
  • Kam 7 July, 1:58 pm

    Hi,

    I wonder if anyone can help me?

    I purchased a TAG watch 5 years ago and the crown has decided to fall off. I took it to the retailers who tell me that TAG have come back and stated that they found a slight dent on the side of the watch and this seems to have caused the internal mechanism to snap causing the crown to fall off and is charging me £300 to have it repaired.

    Watches spend a lot of time on your wrist and are subjected to knocks now and then and I cant seem to understand why an expensive “Sports watch” watch just break as soon as its subject to a knock.

    The other thing is, if the knock was the caused, then why hasn’t the glass broken or cracked? the website states that this sports watch is capable of meeting the outdoor life and is durable, so taking that statement into consideration, isn’t the watch not £fit for purpose” ?

    Thanking you in advance.

    Kam

    Reply
  • catherine 12 July, 12:35 am

    catriona,
    how on earth can ‘wear and tear’ be used to mitigate responsibility on a mobile phone??? the phone shouild last several years with heavy texting! If there are no obvious signs of misuse the vendor is entirely liable.

    Reply
  • Barry green 14 July, 12:52 am

    Hi I purchased a tag watch on feb 2010 with a 2 year guarentee, I had to take it back to get fixed as it wasn’t sealed proper and water got inside, this was on dec 2011, I got watch back on jan 2012, but my watch needs fixed again with the same problem I took it back and they have said that because it is out of guarentee I will have to pay £400 to get my watch fixed. Can this be true for a tag watch to no be waterproof and what can I do to get it replaced ????

    Reply
  • henry malone 15 July, 11:56 am

    Hi BRIAN ..

    Ask to speak to the StoreManager.
    DO NOT ACCEPT ANY REPAIRS !!!!
    You have the INSTANT REPLACEMENT POLICY !!!
    Use It , Inform them you want a replacement .
    As it says in the policy INSTANT REPLACEMENT
    **I did’nt find that part about referring to a replacement should a part take more than 21 days to be delivered !!
    Ask them to show you that part on the POLICY !!!

    In 2010 I bought my camera from CURRYS I also purchased the INSTANT REPLACEMENT POLICY .
    After a few months the camera developed a problem, and would’nt work so I took it back to the store with ALL the original documentation . It was replaced straight away with a camera to the value of my originally £89.99 purchase price ,

    **Then after a few months this camera developed a problem , I went back to the store and it was replaced straight away .

    Now I am on camera 3 ….
    I thought I would have had a problem with their INSTANT REPLACEMENT policy , and be fobbed off with some BS !! ..
    But NO , on the 2 occasions I have had to return the cameras I had EXCELLENT SERVICE from the CURRYS store STAFF in Manchester ..
    All hassle free .

    Read the Instant Replacement form ..
    **UNLIMITED REPLACEMENTS ON BREAKDOWN – EVEN WHEN CAUSED BY MISHAPS.
    **ONCE THE FAULT IS CONFIRMED YOUR PRODUCT WILL BE REPLACED ON THE SPOT …………….

    Check their website details on the bottom of the form .
    Write a complaint to Customer Services .
    Website http://www.thetechguys.com
    Email http://www.whateverhappens@thetechguys.com

    Reply
  • jason 28 July, 9:03 am

    hello, i bought a starter motor for my girlfriends car on the 7th july, fitted it to the car and now yesterday had to remove this as it has broken/failed and does not work anymore.
    i called the shop where i got the starter motor from (which is a reconditioned one and has a standard 12 month warranty on it) and they told me that i have to buy a new one, for £123 and they will send my ‘faulty’ one back to the place that they recondition them and ‘if’ they deem it to be faulty they will then give me my £123 back after about 2 to 4 weeks! to me this does not sound right?? is this so??? Thanks

    Reply
  • ken 17 August, 6:19 pm

    Hi
    I bought an electric oven from a kitchen installation company who recommended this make to me as it came with a 3 year warranty. At the 12 month anniversary it has broken down and needs a replacement fan. I have contacted the Warranty / service company as detailed on the manufacturers warranty only to be told that the manufacturer has now gone out of business and I will have to pay circa £160 for the repair as the warranty is no longer valid. I am going to see the supplier who I bought it from tomorrow, can you give me any advise on my legal rights in this situation. The manufacturer is Mertz Appliances.
    Thanks

    Reply
  • Susie 30 August, 8:18 pm

    Hi
    I bought a pair of leather boots for 167.00 in January 2012 and recently they started leaking. Do I have a right to take them back?
    Thanks!!

    Reply
  • Matthew 16 September, 2:06 am

    i bought a camera from argos, it says on the receipt that it is exempt from 30day garuntee, the pictures the camera takes are grainy and blurry at best, and not what i would of expected from a £160 camera. what are my rights here i am aware that i can claim the camera is not fit for purpose. im planning on going to argos and asking for a part exchange for another slightly better camera. is there anything else i can do?

    many thanks for any help.

    Reply
  • John 31 October, 4:22 pm

    Any assistance would be greatly appreciated.

    My partner is currently in dispute with Mini (BMW) with regards to her 2007 Mini Cooper S. We bought the car 2 years ago as a Mini Cherished vehicle for around £15,000. The vehicle came with a full BMW service history, had only 29,000 miles on the odometer and we’ve had it serviced regularly by the same BMW dealership.

    Last month the vehicle broke down on the A1 whilst my partner was heading for work. The Mini is fitted with a 2 stage warning system, yellow indicators show faults where you can continue to use the car but should take it directly to a dealership, red indicators mean stop immediately and phone the dealer to collect.

    Upon breakdown the vehicle showed a yellow temperature fault which meant she could have come off the motorway and headed for a dealership, but shortly afterwards traffic came to a stand still and the vehicle displayed a red engine sign. The car was pushed to the hard shoulder and the RAC attended. The car was towed to a local garage (non BMW) where a faulty thermostat was diagnosed and subsequently replaced (£150).

    On driving the vehicle home (20 miles) the same fault indicator (yellow temperature gauge) was shown so the vehicle was recovered to a local garage (non BMW) where the replacement thermostat was diagnosed as faulty, replaced with another new part and the water pump replaced for good measure (total bill £500). We had the car 24 hours and used it twice before it broke down again, same fault, yellow temperature gauge.

    It transpires that the engine head, gasket & block have all failed and a replacement engine required (cost £6000 + labour + VAT). BMW Customer services have said a they will pay a non-negotiable 50% contribution which still leaves a payment of £4,725. The Citizens Advice Bureau tell us that the Sale of Goods Act applies given we’ve only had the car 2 years, have paid £15,000 for it plus, had it regularly service by Mini (BMW) this fails to meet ‘Durability’ expectations.

    Given the value of the vehicle could anyone comment?

    Reply
  • Mandy 1 November, 10:34 pm

    Hi, I purchased an iPhone 5 from Orange on the day of my release after a record one and half hours wait instore for my upgrade to be done. I went home to find the phone’s paintwork was not done properly in several places. I took the phone back the next day (still within 14 day period from purchase) to the Orange store I purchased it from only to be told by the manager such cosmetic defects are apparently not included with Orange’s warranty and they sent me packing to Apple. I approached Apple who provided me with a replacement handset which was refurbished and not an original like I had paid Orange for being £110.00!!! I complained to Orange about this who keep telling me its now Apple’s warranty which applies and not an Orange warranty like I was told its something I should take up with Apple. Surely, Orange should have replaced the handset in the first place but no such option was ever given to me. Orange are the point of sale they should deal with repairs and replacements and not Apple? Please advise together with any relevant law?

    Many thanks for any help!!

    Reply
  • Lisa 4 November, 11:39 am

    Hi

    I purchased a digital camera yesterday (3rd Nov) but didn’t realises when I opened the box that it was battery only and not rechargeable. I have not used the camera but the seal is broken on the box – will Argos exchange for me – what are my ststutory rights on this?

    Reply
  • Lisa 23 November, 10:08 pm

    I purchased a pushchair and 5 weeks after I bought it the stitching on the seat cover which has the design on started to come loose, what rights do I have with regards to requesting a full refund, the store stated that they would not give me a refund and that it is the manufacturers problem and that they will request a new seat cover for the pushchair, what rights do I ha e to a refund?

    Regards
    Lisa

    Reply
  • carol 29 December, 4:11 pm

    i bought a pc tablet from tj hughes for my daughter at christmas when she opened it on christmas day it had lines down 1side of the screen i turned it off then put it back on this time the screen was blank and thre seemed to be a big crack down the middle i took it back to the shop the day after boxing day and was told i should of been told when i bought it that “if” there was a problem they would not give a refund or exchange i asked for the manager and was told she was not willing to speak to me and to send the product back to the manurfacturer and there was nothing i could do about it.

    Reply
  • Katy 27 January, 11:02 pm

    Hello,
    I bought snowboard boots online and took them on holiday to use. The first day, upon putting them on, the inside lining ripped. When I got home I called the company I bought them from and sent them pics of the damage as requested. They said they’d get in touch with the boot manufacturer about a warranty if I send them back. They said to be aware that the manufacturer wouldn’t reimburse me for postage which will cost a lot for these heavy boots. I also don’t want a repair or replacement as I’m disappointed with the product. Can you tell me if I’m entitled to my postage being covered and if I can simply have a refund?
    Thanks
    Katy

    Reply
  • Marc 28 April, 4:09 pm

    Hi there. I bought a video baby monitor from Toys R Us 10 months ago. We did actually start using it till 4 months ago. It has now gone faulty, the night vision part seems to have gone so it flicks very quickly between night vision and darkness looking like our baby is at some type of all night rave!! We took it back to the shop who said that as its over 6 months from when we purchased it, there’s nothing they can do but that we will have to deal with Tomy, the manufacturers. It is still within in the manufacturers guarantee (2 years) but I would rather just get a replacement or refund from store as if we send this off to Tomy then we could be without a monitor for some time.

    I just wanted to know of Toys R Us have the right to fob us off like this?

    Thanks, Marc.

    Reply
  • Neil C 30 June, 10:00 pm

    Hello, 3 months ago I purchased a Panasonic Lumix camera from a Panasonic shop. This is the 5th Panasonic camera that I have purchased over the last few years. I paid top price for this one as it was the very latest model that had only just been launched. Anyway I took the camera on holiday 3 weeks ago and whilst using it noticed that there was spots on the photos. There was clearly something inside the lens. When I returned it to the same shop where I brought it they said that its down to panasonic to fix it under warranty. The guy was extremely rude (store manager) when I asked for a replacement. He simply said “NO Thats not going to happen” He said he couldn’t accept it back as he would be stuck with a worthless camera. I pointed out that I was currently stuck with it. I asked for my money back as it was clearly unfit for the purpose (apparently this is a fairly common fault although not had it on my other ones). Again the manager was extremely rude and started telling me that he doesn’t have to do anything as it was outside the 28 day period. When I said that would only apply if I was returning it without a fault. I said that I wasn’t going to walk away without either my money back or a replacement. He threatened to call the police if I didn’t leave the store. I am extremely angry that they wouldn’t replace it where as if I had purchased from Argos they would have easily exchanged it. I definitely won’t be purchasing from them again. What options do I have now? Many thanks in advance. Neil

    Reply
  • kelly 9 July, 10:34 am

    hi i puchased a american style fridge freezer from currys with my credit card 7 months ago £1000, the freezer part broke down all my food ruined the LG man came out said it was knacked get a replacement, currys will not have one till october this happened 4 weeks ago they offered me a cheaper model on shop floor which i was not happy with then they more or less said well its tough cos we aint giving you your money back its down to their discretion. i have also recieved a food voucher to replace my food from LG to replace my food to be spent in currys ONLY???

    Reply
  • Hayley 16 July, 11:21 pm

    My partner bought me a Samsung digital camera on 27th Dec 2011. In June 2012, the camera developed a fault. The screen would start to go white at the bottom, until the whole screen was completely white. At this point the camera would lock up and have no function, even after switching off and on again, the screen would immediately show white and the camera would not function. I changed the card and the battery, and still no joy. After a few hours, I switched on again and the camera functioned, but only for a short time before the fault re-occurred. At this point, I returned it to the retailer, who performed a factory reset and advised me to try it again, and if the fault re-occurred, contact Samsung directly. The next time I used the camera, all was fine, but a couple of months later the fault returned. I contacted Samsung, who advised me to send the camera to them for a free repair as it was still under warranty. This I did, and the camera was returned to me after a couple of weeks, and all was fine. After one or two uses, the fault showed up again. I then contacted Samsung, and once again returned the camera to them for a free repair, although it was now just out of warranty. When the camera returned, it appeared to be working correctly. I have not used the camera much until recently, but a couple of weeks ago the same fault returned. I contacted Samsung again, and they told me that they would repair the camera for a third time, but on this occasion it would be charged for as the camera was now out of warranty. I explained to them that the fault is the same and the problem has obviously not been resolved. I told them that considering this, they should not charge me. I was then told there was nothing they could do, it was out of warranty, and the repair is now chargeable. It’s their policy. Should I pursue this matter with Samsung, or should I take it further? The camera has only been used a dozen or so times since new, and is in mint condition. I have used only Samsung batteries, cards and accessories with it. What should I do?

    Reply
  • Kelly S 24 July, 9:08 pm

    Hi, I bought a ring from an online retailer in November 2012 and one of the stones fell out in early May whilst I was on holiday. I called them on 22 May and they said that it only came with a 6 month warranty so there was nothing they could do. I think the ring is faulty – I would expect it to last longer than 6 months. Do I have a case under the sale of good act?

    Reply
  • debbie jones 28 July, 7:29 pm

    I bought a tv from a reputable mail order company less than a year ago and over the past week it has started to flicker on the right hand side and the screen has vertical lines that block almost half of the screen, they disappear after some time and with constant turning the tv on and off. Does the mail order company have some responsibility to replace or repair this tv?

    Reply
  • Sarah Skelton 20 August, 1:55 pm

    Hi
    We are hoping someone can give us some advice. We ordered some bedroom furniture in February and had it fitted end beginning of April. In the first week of June one of the sliding doors fell off, we contacted the shop and they came with the manufacturer who advised us it was due the screws being overtightened when fitted (this was all part of the price and fitted by the people the shop/manufacturer sent) They took that door and the remaining sliding door (as this was the same) and advised they would be in touch to come and fit replacements. Despite several calls we are still waiting and just get from the shop that they are waiting to hear back from supplier. 2 weeks ago we noticed that the outer layer of one of the panels had started to flake off at the top and bottom. Again the shop representative came round and took photographs and said they would be in touch after 2 further calls we are getting the same response. We want to know where we stand with this and what is the best action to take as we paid for the furniture on a credit card.
    Thanks in advance for your advice.

    Reply
  • Claire treanor 28 August, 9:53 pm

    Hi, we bought a new laptop from Kays Catalogue in September 2012, it started to overheat in July 2013, we took it to a reputable place to have a look at it and they told us that it was not new but refurbished. We contacted Kays who told us to get a letter stating this from the place who looked at it, which we did and we sent it off. They rang us and said we had to deal with Acer whom they get their laptops from as it was anything to do with them. I don’t know where we stand with this now, do I contact Acer or is it something Kays should sort out. We thought we had bought a new laptop not a refurbished one so surely Kays have to do something about it not us. Thanks

    Reply
  • Graham 6 September, 11:32 am

    I bought a Samsung ED8500 PVR and 3D Blu Ray Player from Comet in July 2012 which broke (the TV tuner died) in October and I had repaired under warranty by Samsung as Comet had gone into receivership. 7 Weeks later the same occurred so it went back to Samsung for a 2nd time to have the same thing repaired. Last week (5 Weeks after it was 12 months from purchase) the same thing has happened again and the tuner has died so I called Samsung to complain that their was something inherently wrong with the unit as it had failed 3 times in just over a year only to be offered a repair at my own cost. Now under usual circumstances I’d take it back to the retailer and use the SOGA but Comet now doesn’t exist. What are my options as Samsung don’t want to know as it’s after 12 months from purchase date but the unit was obviously faulty from production as it blew the TV Tuner 3 times on 13 months twice having to be repaired under warranty anyway?

    Reply
  • stacey 18 September, 4:30 pm

    i bought a washing machine from littlewoods last year may 2012 it has now broke down september 2013 they have told me that the warranty has ran out and the company servis that suppied the machine to littlewoods has gone into liquidation what are my rights ????? is there anything that can be done ??

    Reply
  • Lucy 21 September, 4:35 pm

    I bought an iPhone from EE seven months ago and it is not working properly. I read the terms in the contract under the repairs section, which basically excluded apple products. I took the phone back to EE anyway as it is local and informed them that is was faulty and they told me to take it to apple. I informed them of the sales of goods act etc and they still refused. The apple shop is over an hours drive and you have to make a appointment on the Internet, which I cantasnmy phone is broke.
    Please could you let me know where I stand.
    Thanks

    Reply
    • Todz 22 November, 2:57 pm

      Had to reply to this. They can’t remove your statutory rights by insisting that you agreed to the removal of your rights when you signed the contract. That would more than likely be unlawful. Your contract (written and implied) is with the shop – period. If they won’t repair it give them a letter saying unless they agree to repair you’ll commence small claims proceedings after 28 days. What they are saying is that “these are the term under which we sell things and they override your rights at law”. Rubbish!

      Reply
      • Todz 22 November, 3:10 pm

        Unfair Contract Terms Act 1977;

        Section 5;

        (1)In the case of goods of a type ordinarily supplied for private use or consumption, where loss or damage—

        (a)arises from the goods proving defective while in consumer use; and

        (b)results from the negligence of a person concerned in the manufacture or distribution of the goods,

        liability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods.

  • Di Gilder 24 September, 9:07 pm

    I purchased a carpet on the 2 sept 2013, and noticed it discoloured in different places signs of wareing.
    I contacted the seller about the problem and they are evasive about the issue saying its not their problem but down to manufacturer. what should I do

    Reply
    • Todz 22 November, 2:49 pm

      Just say that under the Sale of Goods Act they, as the seller, are responsible for the quality of the carpet that they have sold you. Tell them that you don’t have a contract with the manufacturer and that legal liability is the seller’s. Say that the carpet is not of reasonable quality and ask what they are going to do about it.

      Reply
  • D Halliwell 25 October, 9:45 am

    Hi. I purchased an iPhone5 on launch day from an o2 shop back in September last year. Recently I have noticed that there appears to be a mark in every picture i take, and on further investigation it’s apparently a common fault with the camera, and it simply gets replaced as it’s a sealed unit, and it’s simply easier to just replace. So I took it into my nearest Apple Store this week. They confirmed exactly what I thought, but said unfortunately it was 4 weeks out of warranty, but that I still have statutory rights, and that I was within my rights to take it back to the retailer, (o2 shop), and ask for a replacement. They even printed off an engineer’s report for me, saying that this would help my cause. Now here’s the thing… my phone was bought as a two year contract, and therefore should reasonably be expected to work correctly for at least the two year period, if not longer no? Please can you confirm my rights, as I plan to write to o2 about this as soon as I can. Many thanks.David

    Reply
    • Todz 22 November, 2:45 pm

      Your contract is with the O2 shop. If you’ve got proof of a generally known manufacturing fault that has been confirmed by Apple then go back to the shop. They are liable under SOGA AND under contract law as they haven’t provided a phone of reasonable quality. Hard to say much about your contract as it would need to be seen.

      Reply
  • Tanya 3 November, 6:08 pm

    Hello

    I hope you can help.

    I bought a Universal RF modulater from MAPLIN just over 2 months ago. We thought we would need it for our Virgin tv box but we don’t. This has never been opened and MAPLIN today still sell the exact kit on their shelf. I went to exchange this today, fully Aware I wouldn’t get a refund but they wouldn’t offer anything as I am outside of their own policy of 28 days. No exchange not credit note. I argued this with them but they totally dismissed me saying their policy is 28 days only!!

    What are my rights within this situation?

    Many thanks in advance

    Reply
    • Todz 22 November, 2:37 pm

      Legally Maplins are spot on right. Strictly they don’t have to give you any period to allow for a change of mind.

      Reply
  • mike gadd 9 November, 6:36 pm

    I bought a tv from Tesco 5 months ago and it has developed a fault they have referred me back to the manufacturer. I have lost faith with the maker and wanted a different model where do I stand

    Reply
  • Todz 22 November, 2:34 pm

    Like you, I purchased a TV from Tesco not so long ago, (beginning of May this year). The TV had a fault which I only became aware of a month ago, when I connected a hard drive recorder to it (I couldn’t change the source after it had connected – the TV wouldn’t respond to the remote).
    I knew it was a manufacturing fault as my father had the same TV and his didn’t do the same. However, it was coming up to the 6 month period so contacted the manufacturer, They agreed it was faulty after trying their remedies and failing to correct it.
    I then contacted Tesco before the 6 months was up and gave them the facts. They said that the manufacturer deals with these TV’s and said I should contact them and they’d would sort out repairs. I said that I had no contract with the manufacturer and that my contract was with Tesco. That they were responsible for the TV and for any subsequent problems and that under the sale of goods act they had legal liability. I said I was not prepared to wait until an engineer came out to look at the TV and then have it taken away and then have to be back in for it to be delivered. The line went quiet while he had a chat with someone and he came back with a returns reference. I took it back to the shop and got a refund. Tesco and similar try to wash their hands of products when they’ve been sold, but legally they are responsible.

    Reply
  • abraham 26 December, 7:49 pm

    On 27 January 2011, I bought a Sony Alpha a55 18-55mm Lens Kitfrom you for £599 which has stopped working.

    As usual I took it out to take some photos of my kids and it suddenly came up with ‘Camera Error’ message, now it does not switch on.

    I contacted jessops, they email back saying it is a new company so not responsible. I contacted sony they said it is to be dealt with jessops.

    Under the sale of goods acts, who is responsible for this kind of problem, specially when I got it checked by a qualified EnGG, and he said it is a common prob with this model and it is on the motherboard.

    Can you please help me..

    Regards
    Abraham

    Reply
    • Todz 27 December, 10:54 pm

      Jessops went bust. The new owners bought the Jessops name and a few shops off the liquidators and the rest of Jessops was consigned to history. One of the “rest of Jessops” which wasn’t bought by new purchasers was any liability for sales by the old company. (If you bought a shop lease you wouldn’t buy the old liabilities of the previous occupants).

      So I’m afraid you’re left high and dry. Your only salvation is if you paid by credit card because if the purchase is over £100 and even if you pay £1 on your credit card and the rest by any other method the credit card issuer is then jointly liable along with the shop/business that sold the product/service. If you’d paid by credit card then in the absence of Jessops (old) then the credit card company then “becomes” the shop for sale of goods act purposes.

      So without a credit card payment you have to throw yourself on the mercies of Sony. I’d start to write to every increasingly higher levels of the company until you reach a satisfactory conclusion.

      Reply
  • Sammiibubbles 12 January, 11:35 pm

    It really annoys me when retailers do this, Currys/PCWorld being the worst for it. If you contact Sony direct and explain the situation they will more than likely issue you with an uplift code which should allow you to take the item back to the store no quibbling or if the store is no longer trading they will more than likely send a replacement, as long as you have proof of purchase. Another tip is to always try and pay by credit card even if you then pay it straight off as then you have the extra benefit of the card provider on your side

    Reply
  • Melanie 1 March, 7:04 pm

    Hi, I bought a brand new laptop battery from ebay, on behalf of a family member. They placed the battery in their laptop and placed it on charge, within the hour, the battery exploded and caught on fire, destroying the laptop and carpet. As I have only just purchased this and the seller stated 3 year warranty, what are my rights? Especially as my family member wants compensating for the damage it has caused.

    Reply
  • Carol 11 May, 4:53 pm

    I bought a new Dyson just under 3 months ago it has stopped working on the carpets& only works on hard floors. I took it back to PC World and asked for a replacement, they refused and said I had gone passed 21 days and that I would have to get in contact with Dyson to arrange a repair.I said I didn’t want a repair I want a replacement, but they refused and so did their customer service when I contacted them. I left the item at the shop. I later sent a copy of my rights to them and they sent me an apology but still refused a replacement but agreed that a engineer would come to the store to fix the problem. I have now demanded a refund in full because of the way I have been treated but again they refused. They have had my cleaner at the. Store for 2 weeks and Ihave nothing to clean carpets with, they even refused to loan me one . Please help

    Reply
  • Louise Applegate 15 May, 12:26 pm

    Brought a brand new smart TV from Argos it has broken I rang customer care and they told me they would send a TV to me next day which they did.when I opened it the TV was clearly a refurbished set I was,nt told this or I would,nt have taken it what can I do? I would really like a refund but the courier took the TV that I purchased?

    Reply
    • Todz 19 May, 11:09 pm

      Ring them up and say that you reject the goods. Strictly, I think that’s not the correct thing to do as you “accepted” them and let them sort out a replacement (I ALWAYS reject the goods so that I start off from scratch). But, Argos are on a sticky wicket as they gave you second hand when you paid for new so they’d lose in Court.

      So, ring them and say they’ve given you a second hand TV as a replacement for a faulty new one and that you’d like you refund.

      Any probs – come back.

      Reply
  • Nicola barnes 9 June, 7:15 pm

    My mother recently brought a vaxs carpet steamer from Argos (it was an exchange for one that had broken)
    Well surprise surprise this vaxs steamer has now broken, within 5/6 months and Argos are refusing to refund or exchange our item and telling us we have to go through the manufacturer about the said problem?!
    (As Argos now have an agreement with vax that faults must go through them)

    I have phoned customer service about my statutory rights but they have said I’m right and wrong at the same time?!

    Any advise would be most helpful, as the store manager was extremely rude to my mother and reduced her to tears (when she left the shop)

    Reply
    • Todz 27 July, 2:30 pm

      If it’s LESS THAN SIX MONTHS old and is faulty then the retailer and you are the only people involved in this transaction. The manufacturer is NOT involved at all.

      The retailers don’t want to get involved in repairs and all that stuff as it’s a pain. Well, tough. The law is very clear – the contract is between you and the retailer and it’s the retailer who gets the pleasure of being taken to court.

      You need to write to Argos Head Office legal Department Argos

      489-499 Avebury Boulevard
      Saxon Gate West
      Central Milton Keynes
      MK9 2NW

      “Dear Sir/Madam,

      RE: Faulty goods and the Sale of Goods Act 1979 (as amended)

      On [date of purchase] I bought a [description of purchase] from you for [insert price] which has stopped working.

      The problem is [enter description of fault].

      The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller.

      This legislation also states that the seller, not the manufacturer, is legally obliged to sort out a problem if the goods do not meet these requirements.

      The Sale of Goods Act 1979 (as amended) says: if goods break within the first six months after purchase then there is a presumption the goods were faulty when sold.

      My goods are not [delete as appropriate - as described/fit for purpose/of satisfactory quality] and I wish to claim a [delete as appropriate - repair/replacement/refund] of my goods under the Sale of Goods Act 1979 as amended.

      Please respond to my complaint within 28 days from receipt of this letter.

      Please treat this letter as formal notice that I will commence County Court proceedings should that matter not be resolved to my satisfaction.

      Yours faithfully,

      Change the details to fit your purchase and mention and add in the date on which you took the vax back to the store where your claim was rejected. Attach a copy of your receipt or proff of purchase. (I know… but it’s to help resolve this case)

      Taken from BBC website – but as it’s necessary to give 28 days notice of Court proceedings then their suggested letter has been amended.

      This should produce a failry quick response but if it doesn’t let us know.

      Reply
  • Kevin 10 June, 10:15 pm

    Hi I got an iPhone 5 from 3 about 12 months ago on a 24 month contract it is now playing up I took it to the apple store and they done some test which haven’t worked and say I have to pay £209 to get a replacement as it is a couple of weeks out of warranty surely this should be 3 responsibility as the damage to the phone is the motherboard and not caused by me and I still have 12 months remaining on my contract at £39 a month that’s £468 + vat 3 are refusing to replace the phone saying I have to pay can you please help

    Reply
    • Todz 28 July, 1:37 am

      Nearly £1000 for a two year contract with phone.

      I think you mean the Logic board is faulty as it seems to be a fairly common failure with these phones. If they said “motherboard” then there’s something else wrong and it may not be so common – so let me know. If it’s the Logic board then it’s an inherrent manufacturing fault.

      You need to write to the legal dept at 3’s Head Office; I think you want a repair or replacement and you should enclose a copy of what Apple have said to you about the fault on the phone and the cost of repair/replacement. Attach a print out of a Google search that shows the extensive entries for logic board failure to show that it is very common and incorporate a reference to it in the letter.

      Dear Sir/Madam,

      RE: Faulty goods and the Sale of Goods Act 1979 (as amended)

      On [date of purchase] I bought a [description of purchase] from you for [insert price] as part of a package including a mobile phone contract, which has now stopped working.

      The problem is [enter description of fault].

      The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller.

      This legislation also states that the seller, not the manufacturer, is legally obliged to sort out a problem if the goods do not meet these requirements.

      The law also says I have six years from the date of purchase to claim damages for faulty goods.

      My goods are not fit for purpose or of satisfactory quality and I wish to claim a [delete as appropriate - repair/replacement/refund] of my goods under the Sale of Goods Act 1979 as amended.

      Please respond to my complaint within 28 days from receipt of this letter or I will commence County Court proceedings.

      Reply
  • babz 21 June, 12:57 am

    hi, I purchased a Huawei mobile phone on November 25 2012 for my sons christmas present from Very catalogue , today 20 June 2013 it has a black screen , the screen flashed on for one second then stays black , do I contact Very catalogue about this matter or go direct to Huawei I can not see on the Very site how long the manufactures warranty is but its been 7 months since purchase any advice would be very welcome

    Reply
    • Todz 28 July, 1:12 am

      Are your dates right? I don’t think they are and it’s important.

      Reply
  • George 22 June, 9:44 pm

    We purchased a Sony Hdd recorder 18 months ago which cost £300. The recorder developed a problem within the warranty period and was fixed by the shop who sold it to us. Now the Recorder has ceased to work properly and it is only 18 months old.
    The shop we bought it from has kindly looked at it free of charge but they summise its nothing they can repair as they are not quite sure what is wrong.

    Can I approach Sony for a repair? I think the Recorder should not have developed what seems to be a major fault after 18 months and for the price I paid I believe I should have had a good 3 years at least before it started showing its age or developing issues.

    Do I have any rights for a free repair??

    Thanks

    Reply
    • Todz 28 July, 12:58 am

      Electrical Retailers Association says that they would expect that the lifespan of one of these should be “Low priced DVD player/recorder 2 – 5 years Higher priced DVD player/recorder 5 – 8 years”. I think 5 years is reasonable.

      But there’s something not right about this. If this is a recognised Sony dealer – and it should be if they have done one repair otherwise they’d have sent it back to Sony under their warranty – then they should have been able to identify what was wrong with the recorder. No ifs or buts – an authorised Sony dealer will be ale to tell you what was wrong with it. If they had to, they’d have contacted Sony UK to get technical help. The fact they haven’t indicates that it’s a grey market or reconditioned or other machine or it isn’t an authorised dealer. If it isn’t an authorised dealer then what the heck are they doing playing round with a machine during its warranty period – they’d have packed it back to Sony. The fact they haven’t makes me suspicious about the origins of this machine.

      I would contact Sony and see what they know about it and ask for help. There will possibly be a manufacturing fault if it just doesn’t work but you need to establish why before going back to the retailer. Please let us know what happens as its useful for the future.

      Reply
  • Marlene Bauwens 5 July, 2:23 pm

    I bought a wetsuit for my daughter, age 6, I asked the assistant for an age 8 as I wanted my daughter to have growing space and she sold me one off a hangar marked with an 8. Took it home she tried it on and I did think oh that’s quite snug for an age 8 but she wore it and played in the river when she took it off I noticed it was actually an age 6. I took it back to the shop to complain that I had been misrepresented and sold a product in a size I didn’t want. She wouldn’t claim responsibility for selling me the wrong size and wouldn’t exchange (there were marks on the wetsuit as it had been worn and it was still damp). She did give me 20% of the full cost back. Would I have been entitled to a full exchange? If I had known it was an age 6 I would never have allowed my daughter to wear it. Do I have any rights here? I hope you can help, thank you

    Reply
    • Todz 27 July, 2:51 pm

      Misrepresentation – you asked for and were sold an 8, which turned out to be a 6. Strictly you were entitled to a full refund although they could have argued that should be reduced by wear and use. This is one of those cases the law doesn’t sort of fully cover – if she hadn’t worn it at all (other than trying it on and finding it was too small) then you’d have been due a full refund.

      Reply
  • Cooper 13 July, 7:20 pm

    Leather3piece suite 9 months old peeling
    Shop painted it with stain come back worse spreading paid £1950 lot of Money saved paid cash on income surport & disabled benifits making me I’ll what do I do please help thank you

    Reply
    • Todz 27 July, 2:47 pm

      See the reply to Nicola BArnes’ query of 9 July . In your case the suite is “not fit for purpose and is suffering from a manufacturing defect”. Well, when you paint your sofa more requently than the room it’s in, then there is something wrong with it is there? I think you should be asking for a full refund.

      Depending on the company (local as opposed to a large chain) they’ll respond either helpfully or reluctantly or not at all. If you aren’t happy you’ll then have to go to Court. It won’t cost you anything if you’re on benefits such as IS or JSA and it isn’t scary. But we’ll cross that bridge if we come to it.

      Reply
    • kam 27 July, 4:22 pm

      Hi,

      I had the exact same problem. I purchased a corner suite, 2 single chairs and a 3 seater. Not cheap. After 3 years my leather started peeling on the 3 seater. The shop said its out of warranty and that it was my fault because I used something wrong to clean it. This wasn’t true and I explained why the rest of the other set were fine. Anyway they replaced cover for which I had to pay for the labour. Now my corner suite and 2 seaters have started to peel to the point that my corner suite has peeled off completely. Surely something is not right. To me it seems the shop has fobbed me off and bought sometime where it would be difficult to go back to them. I really feel conned because leather is not suppose to peel and is suppose to age normally. But mine are peeling añd I assure you I do not use anything but leather cleaner. Any advice would be appreciated.

      Reply
      • Todz 28 July, 1:10 am

        You need an independent report from someone who’s a member of a trade association (as distinct from a manufacturer’s trade body) about the damage to your suite. It WILL cost you although if you are able to get the independent report then they’ll also give you repair and cost options. If the perosn who prepares the report is going to get a job out of it then the price may well be much lower or free.

        The difficulty for a Court is that the retailer is saying you caused the damage and you are saying you didn’t. Both have a version which a Court would find hard to resolve. By asking for an independent report which looks at the damage and likely cause of it and the cost of repair, the Court will find it much easier to make a judgment as the report is independent. See if there’s one near you on this page and ring round a couple and get a price for a report into the cause of the damage and cost of repair. http://www.upholsterers.co.uk/

        When you’ve got that let us know what caused it.

  • Alix 17 July, 6:07 pm

    I bought a tablet less than 3 months ago from Curry’s.
    They refuse to replace or refund.
    And insist they must send it back to manufacturer.
    What are my rights??

    Reply
  • Alix 17 July, 6:20 pm

    Bouught a tablet less than 3 months ago from curry’s.
    They refuse to replace or refund.

    But insist its a manufacturer issue. And they need to return it them for repair.

    What do I do next??

    Thanks for reading

    Reply
    • Todz 27 July, 2:36 pm

      See the reply to Nicola BArnes’ query of 9 July – just change the details

      Reply
  • Nathan 22 July, 11:03 pm

    Hi I got a phone on contracted and my speaker wasn’t working right so I took it back they give me a new one now my battery is draining really fast and I Hardley been using it still not happy with it is there anything I can do ??

    Reply
  • Rob Willox 30 July, 11:23 am

    I originally purchases a Yarvik tablet from an online retailer which failed within the first six months of use. They referred initially to manufacturer but eventually did help in getting a newer replacement direct from the manufacturer.

    Unfortunately, the replacement has also now failed and all access has been lost. It would appear that the manufacturer has gone bankrupt and no longer can be contacted.

    Does the original retailer have any responsibility? Original purchase made on 24 July 2013.

    regards
    Rob

    Reply
  • mary jo blower 3 August, 12:51 am

    I am upset and completely bewildered by the new contract phone I have from the phone company 3, After having the phone for almost three weeks now I am non the wiser as to its use. The booklet supplied with it is in the tiniest print, and not in English, so there is nothing I can refer to. This phone is supposed to be my lifeline, as I have a disabled husband. I cant hear it ringing, although it is on the highest setting, and I am not deaf….don’t know if I have had any emails….because cant hear any signals to advise me if there are any coming in. I have been into the shop on numerous occasions, and feel I don’t want to be a nuisance, but needless to say this is a very upsetting and frustrating situation. Initially when I changed the phone, I asked for a phone that wasn’t complicated….this is certainly not the case. I feel they have sold me a “pig in a poke”, and have “washed their hands” of me, and have little, if no interest in the situation. I feel I don’t want to go into the Leamington Spa branch anymore. Is there another 3 shop in the vicinity…who could give me a little of their time to slowly run through what I have to do. I feel like ending this contract with 3…..they don’t seem to want to resolve my overall problem. Aftercare for customers seems non existent. Needless to say I will not go back to 3 in the future, and feel because they are not interested want to terminate my contract. It appears they have got their commission…..and now I am surplus to requirements. How they change when they have embezzled another contract with them out of you.

    Reply
  • Lisa hines 18 August, 5:40 pm

    We have brought an outdoor sofa with cream cushion covers but the design of the zips means that the covers cannot be removed to be able to wash them. We feel this is a design fault but the garden centre have asked the manufacturer who have said they should not be washed only sponge cleaned. I’ve attempted this bit have made the stains worst. We were told by sales assistant at time of ourchase that they were machine washable. What should we do?

    Reply
    • Todz 7 September, 2:19 am

      Depends on what was on the label when you bought them. All fabrics have to have care/origin information and somewhere it’ll tell you how to clean them. If it doesn’t and you relied on the word of a sales person then you have a case against the seller.

      Reply
  • Keith riding 5 September, 2:54 pm

    I bought a Sony TV from currys 9mths ago the pixels have broken down I have called Sony 20 times regarding this TV it’s been 5weeks since I reported it to Sony they said they are ordering a new TV over 5 weeks ago I feel I have been let down by Sony and I need advice where I go from here to get a replacement as I don’t believe Sony it is a different story when I ring them so I just need to know what my rights are and what to do next

    Reply
    • Todz 7 September, 2:22 am

      The seller is responsible for providing you with a repair or replacement. The fact that the manufacturer has already accepted that it has a manufacturing fault means the seller can’t argue that you haven’t proved it is a manufacturing fault. Contact the seller and ask them what they are going to do about it. Your contract is with them NOT Sony.

      Reply
  • David Cockerham 5 September, 3:21 pm

    I bought a product with a 12-month manufacturer’s warranty which has developed a fault after less than 6 months. I went direct to the manufacturer to ask for a replacement because the .com retailer I bought it from has gone into liquidation. The manufacturer is telling me that that liquidation makes the warranty invalid and is refusing to replace the item. What recourse do I have?

    Reply
    • Todz 7 September, 3:15 am

      The law doesn’t directly address your type of problem. Your contract is with the “seller” and not with the manufacturer. If the manufacturer is a well known one then they’d usually be happy to help – it sounds as if yours is not one of those.

      If you’ve paid by credit card and it’s over £100 (the purchase price) then the card issuer is the one to contact. They are jointly liable with the seller and in the absence of the seller they effectively become the “seller” for the purposes of the sale of goods act.

      If you paid by Visa debit card then you should be able to use the chargeback facility. If you’ve noticed the problem (fault) and you contact the Visa debit card issuer within 120 days of being aware of the problem then they should be able to operate the chargeback for you.

      If you’ve paid by a non Visa debit card, such as Maestro or debit/credit Mastercard then you should contact the issuer and ask them to consider a chargeback.

      In each case you should tell them that you did not receive the service that you paid for – repair of a broken item under the warranty that came with the product.

      In future always pay for anything over £100 by splitting the payment so that say, £10 is on a credit card and the balance by debit card. (Preferably Visa debit, but having “snagged” the credit card issuer with the £10 then it doesn’t matter so much). That way you’ve always got a credit card issuer to go back to under S75 – even if they only ccontributed a tenner! If under £100 then use Visa debit.

      Reply
  • Sam 7 September, 4:57 pm

    I purchased a laptop from Argos in april after two months the screen went blank and i couldnt use it,i took it back to argos they then repaired it for me,but now the screen has gone blank again, am i entitled to a refund because the first time i gave it back it was the manufactures fault and they fixed it but now its stopped working again? Also how many times do i give it back to get repaired until i can have a refund?

    Reply
    • Todz 12 September, 1:41 am

      My golden rule is to never, ever, not at all, accept the offer of a repair if I have the initial offer of a refund. That way you can buy the same item as new and the clock starts again.

      The clock started because you accepted the offer of a repair, rather than insisting on a refund and so you curtailed your own rights by accepting the goods. You should have said that the goods do not conform to the contractand that you were not accepting them and wanted a refund.

      Go back to Argos each and every time it breaks down for at least the next three years and say you’d prefer a refund but if they won’t refund you then you’d like a repair.

      They’ll fire you off after 12 months so come back and tell us and you’ll

      Reply