What are my entitlements?
The Sale of Goods Act requires that goods be accurately described, of satisfactory quality and fit for any purpose specified. In other words, they must ‘conform to the contract of sale’. If this is not the case within the first 6 months after purchase, you have a range of remedies available to you which you should take up with the seller. It is not a straightforward matter of demanding a refund plus damages if this is unreasonable and disproportionate in terms of the item you bought or the problem you encountered. For example, it would be unreasonable to request a brand new car on the basis of a broken brake light, Similarly, where a washing machine can be easily fixed in situ, you are unlikely to be simply given another one.
Repair, replace, reduce, refund
In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. It is for this reason you are given a replacement item while the one you bought is being fixed. Take care to ensure however you are given a ‘like for like’ product and not simply the cheapest and most basic model. If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality and reasonableness in this legislation, in most cases you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that the refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to return the item if something else goes wrong.
Common Complaints
- They say I’ve taken ownership so it’s my responsibility
- Do shops have to give me my money back?
- The shop doesn’t want to know, they say it is the manufacturer’s responsibility.
- It’s second hand – do I have any rights?
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Bought brand new reg car. Collected and a week later when first washed we noticed the fog light wasnt clipped in on one side. Booked in at garage but when took to garage despite having not one mark on car they said you must have crashed it you will have to pay. We stressed have certainly not crashed it and they said someone must have crashed into you when parked. NO marks on car AT ALL just a clip missing. What can i do about this there word against mine.
I purchased a set of ps4 headphones costing £34.99 on the 18th January 2016 my son had told me that he’s been struggling to hear with them. I tried all the settings on the PS4 to see if there was something on there. Eventually weeks later I found a wire which has come out of the jack plug. I took it straight back to the shop where I purchased it from and they said it must be down to user misuse, or an cat or dog might of chewed it ! really, a single wire is sticking out, you have to look closely to see it …. despite me clearly stating that neither of these were the case they would not offer fixing or anything. I quoted that this should be of quality product and last a sensible amount of time but the chap would not have any of it said he could not send it back to the manufacture as they would say the same thing.
This is a games store with only one branch, I don’t know what to do now, any advice ?
At Thorpe park I was sold a photo pass and told it would work on every ride but one but in fact when we got to the rides there where quite a few rides where the camera didn’t work so we couldn’t use the photo pass. Then to top it all when we downloaded the photos back home they have attached someone else’s photos instead of some of ours. Do we have a chance of getting money back?
I have an issue with a wedding cake supplier, we ordered our cake last August & paid in full. With 4 days to go until the wedding they contacted me to say they missed charging for an element of the cake design & wanted more money even though everything was detailed on the invoice but not individually itemised, we said we had detailed the order to the member of staff at the time, given a price which was paid & it was unacceptable to now say it couldn’t be done for the price & the staff member no longer worked there so what was agreed can’t be checked. The end outcome was they said they are cancelling our order, they are refunding the cash paid but not a voucher for £60 purchased via Amazon to be used against the value of the cake & we have had to source something last minute elsewhere. The terms are it can be cancelled up to a month in advance by ourselves but no mention of them cancelling on us.
Where do we stand, can anything be done?
Can you tell me what is th reasonable time for a repair to take place from the first pount of call…i booked in a repair beginning o august repair guy called me onthe 8th to get a part over aweek later nothing they picked up my machine repkaced with a loan and mine still hasnt been repaired
Hello, I recently bought a Bluetooth speaker 2nd hand with proof of purchase from the manufacturer’s own store. The speaker had a fault and I took it to my nearest retailer (not original point of sale) they concurred and after showing proof of purchase they informed my that the fault is covered under warranty but it would need to go to the manufacturer and this would take 3-4 weeks. When I asked for a receipt after booking it in I was told it would be emailed to me. I signed the speaker over to them. Fast forward 2 weeks and still no contact. I contacted the shop for an update to be told the ‘speaker was in Belgium and should be back today or tomorrow’,the next day I receive an email to say it was back. Upon collection I was told no fault was found, a software update was done and it had now been tested and working including by the manager in store. I asked for paperwork but none was forthcoming. When I get home the speaker is still faulty and it is obvious this speaker was never returned to the manufacturer. So, here I am bleeding from the ears and eyes trying to work out not only why I haven’t received the service they promised but why they’d lie about this (also why 3 people were needed to maintain the lie and how they thought I would not discover it was a ruse)
I’d like to know what is the best way to approach this, preferebly a viable alternative to kicking doors in/cracking skulls method?
; )
Cheers, P
I have a problem with the quality of some tiles I bought recently. I originally saw them in the shop of a well known tile retailer and bought a box of 6 as a ssample. On the basis of that sample, I bought a large number of the tiles from the online sister store of that retailer. The webpage on the websites of both shops was identical in every respect even down to the SKU number. However, the tiles turned out to be of poor quality. They had a printing fault which made the pattern blurred. Unfortuatly I didn’t notice this until some of the tiles had been installed by my fitter. Whilst the company is willing to give me a refund on the uninstalled tiles, they are not prepared to refund the used ones or the cost of the tiler having to take them up. They say that that because I’ve accepted them on delivery, they cannot be held responsible. However, it is more than that. The tiles are not as advertised or as the sample. The are defective. Furthrmore, when I sent pictures of the sample and the poor quality tiles the sales manager initially said they were terrible and needed to be quaranteened and was very apologetic. However, the company’s quality control has said that they tiles are not faulty but just different the ones I wanted. Obviously, this is a contradiction. Where do I stand in terms of a refund on the used tiles and on gaining compensation for the cost of having them removed and, if I have any rights, how do I go about acting upon them? It is not yet a month since the tiles were ordered.
I purchased a Barbour jacket in Oct 2012. I have barely worn the jacket and well looked after. I noticed in March 2017 that the oil had permeated through to the lining. Barbour customer services were reluctant up investigate. After some emails back and forth they reluctantly agreed. They have had my jacket for 7 weeks and came back to me this week advising that they cannot account for the deflect but have advised that the jacket is beyond repair and that they will send it back to me. The jacket cost £379; they are marketed as being jackets that can withstand the test of time. Barbour tell me that it’s unfortunate and suggest I buy a new one but are not prepared to offer me any compensation towards a new one. Can anyone advise me of my rights? I understand that under the consumer rights act I have a right to complain yet the director of Barbours sales and marketing tells me I have no rights whatsoever. Please advise.
booked a ticket paid on line genuine mistake forgot to put middle name for to tickets raang travel agent to sort got no joy asked for cancellation but got no joy put phone down on me