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  • FIRST POST
    • squeaky
    • By squeaky 8th Apr 11, 8:40 PM
    • 13,811Posts
    • 15,845Thanks
    squeaky
    Quick questions on Consumer Rights
    • #1
    • 8th Apr 11, 8:40 PM
    Quick questions on Consumer Rights 8th Apr 11 at 8:40 PM
    Hi,

    If you have a query that you think will only need a quick yes or no answer then feel free to ask it here.

    Otherwise you are very welcome to start a new thread.

    Whatever you decide... good luck
    Last edited by squeaky; 20-04-2011 at 9:49 AM.
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.

    Never ascribe to malice that which is adequately explained by incompetence.
    DTFAC: Y.T.D = £5.20 Apr £0.50
Page 49
    • unholyangel
    • By unholyangel 10th May 17, 7:18 PM
    • 10,865 Posts
    • 8,124 Thanks
    unholyangel
    Lady is a consumer. Fabric bought in person, then she commenced to sew the fabric straight away in the next room whilst on a retreat. Approx couple of hours later she refolded the piece (around 3 metres) and found a small mark. Looks like the mark was made by sticky tape and will probably be able to be removed.
    Originally posted by Pudding10
    If it is possible to easily remove it then the goods won't necessarily conform to contract - granted it was originally established under the sale of goods act that dirt that could be easily removed wouldnt give consumers the right to reject the goods and SoGA has now been replaced by Consumer Rights Act but I can't see any reason the finding (about dirt that could be easily removed not being a fault) wouldn't continue to apply under current legislation.

    If it couldnt be easily removed then the law basically states if goods fail to conform at any time within the first 6 months, its assumed to be inherent unless the retailer proves otherwise or applying that rule would be inconsistent with how the goods fail to conform. Further complicated by the fact if the consumer exercises the short term right to reject (as opposed to repair/replace) in the first 30 days then its up to the consumer to prove the goods were inherently faulty.

    If you're unsure of your obligations as a retailer, get in contact with your local trading standards, they should have some resources available to help point you in the right direction.
    Money doesn't solve poverty.....it creates it.
    • chrisfreelander54
    • By chrisfreelander54 18th May 17, 7:57 PM
    • 437 Posts
    • 934 Thanks
    chrisfreelander54
    Company changing delivery dates - consumer rights
    Back in February this year we visited the caravan and tent show to purchase our 1st ever tent.

    On looking around at what was available we spoke to one of the reps on the show stand, who showed us around and the tent and stated the benefits of this particular tent compared to the others we had looked at.

    As this tent ticked all the boxes we started to barter a better deal than what was actually the show offer, during the bartering the rep stated numerous times that the tent we we interested in buying wouldn't be delivered to us until the end of May, which meant the kids would then miss out on a few weekends away if we waited until then.

    I spoke the kids about the options available as regards to getting one of the other tents we were interested in to be able to go away as the other tents would be delivered within 2 weeks of purchase.

    The kids clearly stated that they would much prefer to wait until May to enable us to have a much better tent, so we went to the till with the rep, where before making payment the cashier informed that we wouldn't get the tent until the end of May and asked if this was ok, which I agreed.

    Upon completion I was handed a receipt stapled to an invoice, setting out which tent was purchased and a delivery date as end of May.

    Today I missed a call from the company that selling the tents, as I was at work (12hr shift), so text wife to call them to pay he balance, upon answering the phone the manager stated that they were seeing who has what holidays booked as they are unable to deliver to us until 2nd June.

    The wife told them we have a deposit down on a break away on May 30th, and we offered a tent to borrow to enable us to go away still, this was turned down by the wife as she said we would like our own tent.

    Now we have spoken to the camp about moving holiday dates and said as there is less than 30 days before arrival we are unable to move the date and will be a cancellation instead meaning we lose deposit.

    I was thinking of emailing tent company to see if they would cover loss of deposit, is this something I could do as we have now missed out on another holiday or do here terms and conditions (below) not make this possible?

    Delivery Times

    Standard Delivery will normally be made within 2 to 5 working days from clearance of payment. We will endeavor to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside our control. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. If we or our suppliers are temporarily out of stock, we will notify you of this position and we would ask you to allow up to 14 days for dispatch of the goods. Although we hope you will not feel it necessary, you always have the right to cancel if you cannot wait for delivery.


    Regards
    CF54
    YNAB is my new best friend.
    • unholyangel
    • By unholyangel 19th May 17, 1:19 AM
    • 10,865 Posts
    • 8,124 Thanks
    unholyangel
    Where did the terms come from? They sound like website T&C's.

    While it may be worthwhile asking them about the deposit to see what they say (you don't ask, you definitely wont get!), I think you might be on a sticky wicket.

    The only way imo that you might have claim for the deposit would be if you had it booked before buying the tent and told them before entering into the contract that delivery before x date was imperative due to you having a holiday booked and that the reason for the delay is within their control. Even then its sketchy - you're expected to take reasonable steps to mitigate your loss and not take unreasonable steps that increases your losses. The loan tent they're offering, if its a similar spec/size to the one you ordered, imo it might be seen as unreasonably allowing your losses to increase/failing to take reasonable steps to mitigate.

    As I said, by all means ask them and see what they say. If you don't make any inroads then come back and open a new thread and we'll see if we can think of anything that might help.
    Money doesn't solve poverty.....it creates it.
    • Fosterdog
    • By Fosterdog 19th May 17, 7:14 AM
    • 2,932 Posts
    • 5,057 Thanks
    Fosterdog
    The problem I could see you having is that you booked a camping space for 30th May but they originally said delivery would be the end of May, that could easily be late in the day on the 30th or 31st so why would you have booked a holiday for 30th before being given an actual delivery day? They are only going to be delayed by two days from their original promise and they have contacted you in plenty of time to let you know and offered a perfectly reasonable solution of a loan tent to tide you over.

    If you choose to not accept it and end up out of pocket for losing your pitch then I can't see how they are liable for those costs as they are entirely preventable.

    Look at it another way, you are driving along to your camping destination and your car breaks down, you are given the choice of missing your holiday and just going home or being given a courtesy car to keep you on the road with minimal disruption which option would you choose? Most reasonable people would choose the courtesy car and continue with their holiday.
    • lincroft1710
    • By lincroft1710 19th May 17, 3:41 PM
    • 9,318 Posts
    • 7,255 Thanks
    lincroft1710
    You booked a holiday for a date before knowing your tent would definitely be delivered by that date (and delivery on 31 May would be within their ETD as mentioned above).

    Your wife then turned down the offer of a loan tent.

    Why should the tent supplier cover your loss of deposit?
    • Mikebudgie
    • By Mikebudgie 16th Jun 17, 1:13 PM
    • 1 Posts
    • 0 Thanks
    Mikebudgie
    Hi. I've just purchased a watch on a cruise ship and want to return it for a refund because it's faulty. Do I have the same consumer rights as in the Uk/EU. The cruise was on MSC around the Eastern Med out of Venice. Any help appreciated.
    • wealdroam
    • By wealdroam 16th Jun 17, 1:19 PM
    • 18,425 Posts
    • 15,299 Thanks
    wealdroam
    Hi. I've just purchased a watch on a cruise ship and want to return it for a refund because it's faulty. Do I have the same consumer rights as in the Uk/EU. The cruise was on MSC around the Eastern Med out of Venice. Any help appreciated.
    Originally posted by Mikebudgie
    That really does depend on who the seller was and to some extent, where that seller is based.

    MSC Cruises itself is based in Switzerland.
    Last edited by wealdroam; 16-06-2017 at 1:22 PM.
    • joedarlo90
    • By joedarlo90 17th Jun 17, 10:37 AM
    • 1 Posts
    • 0 Thanks
    joedarlo90
    Hi guys! Not sure if my type of question has been answered but I have an issue with a mens clothing store. Its not a large chain, just a small indipendent store in my city. I paid in full for a suit on June 2nd, they only had the jacket in stock and told me they would order in the trousers and that they would call me once they were in. No specific time frame was given. A week later I went in to ask about my trousers and they said they didnt know when they would come in, that they order those suits from Portugal and they were never given a solid date. I was a bit berwildered by this and asked the four assistants who were staring at me for clarification. They confirmed that they place orders from a company in Portugal and the company, apparently, never tell them when they will deliver. Another week has passed and still no word.

    Simple question. Am I entitled to a refund here? I've paid for a full product, been given half and have not been told when the rest of it will come in. I leave the city on the 23rd and will have no fixed address suitable for delivery until October.

    Also!

    I have had a cursory look at the Consumer Rights Act 2015, Part 1, Chapter 2, Section 28, 'The Delivery of Goods', which seems to support me. In accordence with this law, I was planning on asking about my trousers today, if they still said they didnt know and could not give me a time frame, I'd inform them I was only available to receive them until the 23rd at which point I think I am fully eligiable for a refund.
    • naedanger
    • By naedanger 17th Jun 17, 11:23 AM
    • 2,153 Posts
    • 1,740 Thanks
    naedanger
    Hi guys! Not sure if my type of question has been answered but I have an issue with a mens clothing store. Its not a large chain, just a small indipendent store in my city. I paid in full for a suit on June 2nd, they only had the jacket in stock and told me they would order in the trousers and that they would call me once they were in. No specific time frame was given. A week later I went in to ask about my trousers and they said they didnt know when they would come in, that they order those suits from Portugal and they were never given a solid date. I was a bit berwildered by this and asked the four assistants who were staring at me for clarification. They confirmed that they place orders from a company in Portugal and the company, apparently, never tell them when they will deliver. Another week has passed and still no word.

    Simple question. Am I entitled to a refund here? I've paid for a full product, been given half and have not been told when the rest of it will come in. I leave the city on the 23rd and will have no fixed address suitable for delivery until October.

    Also!

    I have had a cursory look at the Consumer Rights Act 2015, Part 1, Chapter 2, Section 28, 'The Delivery of Goods', which seems to support me. In accordence with this law, I was planning on asking about my trousers today, if they still said they didnt know and could not give me a time frame, I'd inform them I was only available to receive them until the 23rd at which point I think I am fully eligiable for a refund.
    Originally posted by joedarlo90
    The wording of paragaph (3) of the section you referred to states:

    Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—
    (a) without undue delay, and
    (b) in any event, not more than 30 days after the day on which the contract is entered into.


    To me that means they have 30 days unless you can show they have unduly delayed the item.
    • sukysue
    • By sukysue 21st Jun 17, 9:26 AM
    • 1,685 Posts
    • 2,078 Thanks
    sukysue
    I bought a Russell Hobbs fridge freezer from Tesco in Nov 2016, The water dispenser is broken and the inside of the fridge runs with water down the sides . I have just phoned Tesco . They want to get Russell Hobbs to come out and repair it . I don't want to do this because I am afraid that if I allow them to do this then they will say my contract is with Russell Hobbs because I let them come out. Should I insist upon a straight up replacement or refund from Tesco? I am not bothered about the dispenser not working but I am worried about the risk of bacteria from the stagnant water in the water dispenser I keep it empty and dry if I can but it seems to gather condensation in it.Thank you for any replies .
    xXx-Sukysue-xXx
    • hollydays
    • By hollydays 21st Jun 17, 9:29 AM
    • 15,014 Posts
    • 10,809 Thanks
    hollydays
    How did the dispenser get broken
    • sukysue
    • By sukysue 21st Jun 17, 9:49 AM
    • 1,685 Posts
    • 2,078 Thanks
    sukysue
    Thanks for replying . It is just from using it a little nothing we did . I think it is a fault with the fridge freezer as there is a review on Tesco about the water dispenser breaking .
    xXx-Sukysue-xXx
    • RoonilWazlib
    • By RoonilWazlib 21st Jun 17, 2:40 PM
    • 119 Posts
    • 77 Thanks
    RoonilWazlib
    Tesco are entitled to an opportunity to repair or replace (their choice) but Tesco aren't fridge engineers so they need to use someone who can fix it for them - the obvious choice for them to use is the manufacturer. It doesn't change who your contract is with. Let manufacturer come out and look at it and take it from there
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