Comments on: What are my Statutory Rights?

By: Catriona

Catriona — Sat, 11 Apr 2009 10:11:44 +0000

Andrea, If you are still within your 7 day cooling off period, you can get a refund, no questions asked. If not, the question you need to ask is whether there was a despatch or delivery time indicated when you bought it. If there was, and the book failed to arrive within this time scale, you can claim there was a breach of a contract term – especially if you can show that you relied on this timeframe and if you had known the book would be any later, you would not have bought it. If no timeframe for delivery was mentioned, the store can claim you entered into a legally binding contract of sale with them, and as such they don’t need to give you anything back, apart from a credit note or replacement.

By: andrea

andrea — Tue, 07 Apr 2009 14:33:07 +0000

i purchased a book from an online dvd company using a £20 gift voucher I was given, which i have never received. i contacted the site to ask for a different item to replace this book as i had already gone out and bought it from someone else (it was a birthday present). They refused to do this, so then I asked for my voucher back (refund) and they also refused to refund me?!! they say they will only replace it but because it never arrived i had to buy it elsewhere! Don’t i have a right to claim back my voucher amount?

By: Catriona

Catriona — Mon, 09 Mar 2009 13:40:33 +0000

Martin, you are correct, it is the retailer’s responsbility to carry out a repair, but this usually involves sending it off to a third party to assess it or carry out the repair. This is fine as long as it is done within reasonable time, without additional expense to you adn without significant inconvenience

By: Catriona

Catriona — Thu, 05 Mar 2009 20:42:29 +0000

Emma, I’m afraid you do not have the automatic right to get your money back. This is only a good-will gesture. You should be able to get an exchange or a credit note though. See:
http://whatconsumer.co.uk/do-shops-have-to-give-me-my-money-back/

By: Martin

Martin — Thu, 05 Mar 2009 17:25:25 +0000

I purchased a Hitachi angle grinder from a reputable country store in August 2008. This item is used infrequently (2/3 times a week) and is stored within a dry workshop on a farm.
However, approx 3 weeks ago whilst in use, it stopped. At first I thought it may be a fuse but this was not the case.
I have contacted the seller who has told me to return the item which he must send back to his suppliers before he can decide whether to offer a refund or a replacement. Is this right? I was under the impression that I bought this item from the store and not from his supplier so he should repair or replace the item.
This grinder has not been used very often in the 6 months we have had it and had not been misused either. Please help.

By: emma jones

emma jones — Wed, 04 Mar 2009 14:12:59 +0000

Hi
I bought two dresses from ladyluckrulesok.com. I received them on Monday and unfortunately they are too small. I tried contacting the company about returning them, but they said I could not get a refund as they were sale items. Do I have any rights in order to get my money back. Thanks for you help.
Emma

By: Catriona

Catriona — Fri, 27 Feb 2009 00:11:12 +0000

Kate, If the item is of poor quality and had a hole in it you are entitled to return it claiming a breach of your statutory rights. Having washed it, or not inspecting it before purchase are irrelevant. You are entitled to a repair, a replacement and then a refund, in that order. Go back quoting Sale of Goods Act and ask for the manager if necessary. See:
http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/
For more on this.

By: Catriona

Catriona — Fri, 27 Feb 2009 00:03:53 +0000

Mavis, The job has not been done correctly, although you need to give them the opportunity to put the matter right. You have done this and they have failed for a second time. You would be within your rights to claim loss of faith in their ability and ask for a refund.

By: Kate

Kate — Thu, 26 Feb 2009 17:41:09 +0000

I purchased a dress less than a week ago and have only worn it once. I had been wearing for a short amount of time when I noticed there was a small hole at the front of the dress, within 6 hours of wearing it, the only two buttons had fallen off too. I decided to take the item back but before had (as I had worn it) wash it first. When I returned the item, wanting to exchange it for one of better quality I was firstly told I couldn’t bring it back because I “had washed it” and secondly the hole was down to “general wear and tear” and I should have “inspected the item thoroughly before purchasing”. I feel ripped off. Am I entitled to exchange the item?

By: Catriona

Catriona — Wed, 18 Feb 2009 19:41:14 +0000

Jilly, Please refer to:
http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/
for more on this. The law states you must give the supplier the opportunity to put right the fault and if this canot be done, you can request an exchange or a refund (in that order). The supplier may not give you all of your money back to account for the use you have had from the sofa. However you could argue that you have not had any satisfactory use from it and request all of your money back. Your contract is with the store, so they would authorise the refund, not the finance company.