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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 50
    • DoaM
    • By DoaM 11th Aug 17, 10:24 AM
    • 3,333 Posts
    • 3,375 Thanks
    DoaM
    Chargeback - that's what you need to look at.

    http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • HouseOfBack
    • By HouseOfBack 12th Aug 17, 3:11 PM
    • 2 Posts
    • 0 Thanks
    HouseOfBack
    You can't force a repair or replacement if its impossible (for example replacement parts aren't available or the goods are damaged in such a way that it can't be repaired, ie broken glass) or disproportionately costly.

    Are they offering you a refund?
    Originally posted by unholyangel
    Agree, it's a difficult position for the seller to be in. Since this post, I've successfully built it with some screws missing.

    To answer you question, I don't believe so. Their reccomendation was to try a DIY shop to find the replacement screws. Thankfully, I was able to build it without the need to.

    Thanks.
    • unholyangel
    • By unholyangel 12th Aug 17, 4:16 PM
    • 11,396 Posts
    • 8,564 Thanks
    unholyangel
    Agree, it's a difficult position for the seller to be in. Since this post, I've successfully built it with some screws missing.

    To answer you question, I don't believe so. Their reccomendation was to try a DIY shop to find the replacement screws. Thankfully, I was able to build it without the need to.

    Thanks.
    Originally posted by HouseOfBack
    You could theoretically claim damages for the parts you had to buy elsewhere although whether it would be worth doing so would depend how much you spent I suppose!


    Just for clarification, if they were unable to repair or replace, they should have offered a refund (needs to be a full refund during first 6 months after sale). If they just said they couldn't repair/replace and then tried to wash their hands of it, I would suggest never buying from there again and reporting them to trading standards (usually done via citizens advice now) as they are not complying with statute/law.
    Money doesn't solve poverty.....it creates it.
    • Barneak
    • By Barneak 14th Aug 17, 5:56 PM
    • 1 Posts
    • 0 Thanks
    Barneak
    Consumer Rights Act 2015 'As described' claim valid?
    This is my first post ever. I purchased some made to measure Roman blinds off the internet. The blinds came and the colour was nothing like the picture on the website. They were described as charcoal and as they were plain I didn't think I needed a swatch. When the blinds came they were light grey and I immediately complained to the firm as they were not as described. After a couple of emails and then a letter of complaint, they said they had no liability as I should have used their swatch service and it is in their terms and conditions. They offered to make some more for half price. I therefore contacted my credit card issuer who after 3 months of backwards and forwards asking for information now say that as I should have obtained a swatch and it is in the retailers terms and conditions that they(the credit card company) have no liability either. Do I have a case to take this to the small claims court or are they both right. I ordered the blinds in good faith based on the colour description 'charcoal'. The picture looks nearly back (I have a print of this) - the blinds are still sat in my cupboard in their original packaging. Can anyone advise if I should just write this off...............?
    • Fosterdog
    • By Fosterdog 14th Aug 17, 6:11 PM
    • 3,248 Posts
    • 5,573 Thanks
    Fosterdog
    When you say made to measure did you manually add your own measurements or choose from drop down boxes from pre defined sizes?

    If the latter then you have the right to cancel your order under CCRs, if the former then there's not a lord you can do, colours have many different shades and even each device screen you view things on will have different setting so show the colours differently so you arguing that the colour is too light, unless a vast difference of a barely off white shade to an almost black shade, then the item you have received is what you ordered. The fact that you also had the chance to get a sample to confirm before purchase but chose not to would also go against you.
    • robatwork
    • By robatwork 15th Aug 17, 8:18 PM
    • 3,947 Posts
    • 4,287 Thanks
    robatwork
    If it goes as far as adjudication or court, it may come down to what a "reasonable person" thinks the colour charcoal describes.

    Can you link to their webpage showing what they describe and perhaps a picture of what they actually supplied? If it's only slightly different from the above definition or their website representation then I think you're on shaky ground.
    • Falco3m
    • By Falco3m 2nd Sep 17, 10:59 PM
    • 1 Posts
    • 0 Thanks
    Falco3m
    Hi! I have bought a Welsh dresser from Harvey's. I made the purchase in store, but since have been offered one by a neighbour and have tried to cancel my order. (The order was made on the 25th of August, and is due to arrive on the 13th of September.) Today, I rang Harvey's to cancel the purchase, but have been told that I must pay 20%of the full price, as it was an in store order. Orders made online can be cancelled up to 14 days after delivery of the item but in store purchases are subject to the 'customer charter' which is apparently on display in store. At no time were we made aware of the cancellation cost. We have a receipt of purchase which does not contain this information either. Is this legal? I don't see how I should have to pay 20% of the cost of an item that I am yet to receive....Feeling a bit duped! Could you advise?
    • KeithP
    • By KeithP 2nd Sep 17, 11:56 PM
    • 3,954 Posts
    • 2,206 Thanks
    KeithP
    Hi! I have bought a Welsh dresser from Harvey's. I made the purchase in store, but since have been offered one by a neighbour and have tried to cancel my order. (The order was made on the 25th of August, and is due to arrive on the 13th of September.) Today, I rang Harvey's to cancel the purchase, but have been told that I must pay 20%of the full price, as it was an in store order. Orders made online can be cancelled up to 14 days after delivery of the item but in store purchases are subject to the 'customer charter' which is apparently on display in store. At no time were we made aware of the cancellation cost. We have a receipt of purchase which does not contain this information either. Is this legal? I don't see how I should have to pay 20% of the cost of an item that I am yet to receive....Feeling a bit duped! Could you advise?
    Originally posted by Falco3m
    Unfortunately the store are right.

    All in-store purchases should be considered final unless advised otherwise.

    As you weren't advised of the seller's cancellation policy, one could perhaps argue that you cannot expect any refund.

    Of course you can break any contract, but the harsh truth is that a breach of contract usually has a cost.
    Last edited by KeithP; 02-09-2017 at 11:59 PM.
    .
    • Jodi Bond
    • By Jodi Bond 22nd Sep 17, 8:24 AM
    • 1 Posts
    • 0 Thanks
    Jodi Bond
    Hi I purchased a few dresses online from a company in la America. They are saying I am not entitled to a refund and won't allow me to cancel some of my order. Is there a trading standards in America I can contact?
    • lincroft1710
    • By lincroft1710 22nd Sep 17, 5:28 PM
    • 9,738 Posts
    • 7,761 Thanks
    lincroft1710
    Hi I purchased a few dresses online from a company in la America. They are saying I am not entitled to a refund and won't allow me to cancel some of my order. Is there a trading standards in America I can contact?
    Originally posted by Jodi Bond
    Why do you want to refund and cancel part of the order?
    • KeithP
    • By KeithP 22nd Sep 17, 5:42 PM
    • 3,954 Posts
    • 2,206 Thanks
    KeithP
    Hi I purchased a few dresses online from a company in la America. They are saying I am not entitled to a refund and won't allow me to cancel some of my order. Is there a trading standards in America I can contact?
    Originally posted by Jodi Bond
    Perhaps The Better Business Bureau can help you.
    .
    • karlon
    • By karlon 22nd Sep 17, 7:34 PM
    • 2 Posts
    • 4 Thanks
    karlon
    Hello, I bought a mirror on-line from John Lewis - it was for my student son. It arrived broken. John Lewis agreed to send a replacement mirror but they will not collect the broken mirror citing health and safety reasons. They say my son must return it to store himself or dispose of it - it is 125 cm high and too big to fit in the bin. He doesn't have a car and has to use public transport. Are John Lewis correct in saying they don't have to collect the broken mirror?
    • lincroft1710
    • By lincroft1710 22nd Sep 17, 7:48 PM
    • 9,738 Posts
    • 7,761 Thanks
    lincroft1710
    Hello, I bought a mirror on-line from John Lewis - it was for my student son. It arrived broken. John Lewis agreed to send a replacement mirror but they will not collect the broken mirror citing health and safety reasons. They say my son must return it to store himself or dispose of it - it is 125 cm high and too big to fit in the bin. He doesn't have a car and has to use public transport. Are John Lewis correct in saying they don't have to collect the broken mirror?
    Originally posted by karlon
    The broken mirror belongs to your son - you paid for it but transferred ownership to your son. JL have agreed to send a replacement, it is their choice whether or not they require the original mirror to be returned. For some items it is just not economically worthwhile for the supplier to collect.
    • societys child
    • By societys child 22nd Sep 17, 7:52 PM
    • 4,671 Posts
    • 5,044 Thanks
    societys child
    Why not just break it a bit more . . . then it'll fit in the bin?

    • mije1983
    • By mije1983 22nd Sep 17, 9:09 PM
    • 2,561 Posts
    • 18,334 Thanks
    mije1983
    And make sure it goes in the general waste bin, not the glass recycling bin/box.

    • DCFC79
    • By DCFC79 23rd Sep 17, 8:18 AM
    • 30,106 Posts
    • 19,055 Thanks
    DCFC79
    Hi I purchased a few dresses online from a company in la America. They are saying I am not entitled to a refund and won't allow me to cancel some of my order. Is there a trading standards in America I can contact?
    Originally posted by Jodi Bond
    Whats wrong with the dresses ?

    This is why its a good idea to check where the company is based and what they do about refunds.
    Can people stop loaning money/being a guarator to family/friends, it rarely ends well and you lose out as your money is gone or you get shafted with being a guarantor.
    • Sealos1979
    • By Sealos1979 8th Oct 17, 8:10 PM
    • 1 Posts
    • 0 Thanks
    Sealos1979
    Argos advertised a dressing table online as coming with a stool. It was delivered but the box contained no stool. Argos state that the stool was never included in the price even though they have taken our money. They offered full refund or £20 off next order. We would like them to honour the advertised stool as the dressing table is perfect. Can we contest their offer if we have written proof via email receipt that the stool was included in the price?
    • KeithP
    • By KeithP 9th Oct 17, 12:51 AM
    • 3,954 Posts
    • 2,206 Thanks
    KeithP
    Argos advertised a dressing table online as coming with a stool. It was delivered but the box contained no stool. Argos state that the stool was never included in the price even though they have taken our money. They offered full refund or £20 off next order. We would like them to honour the advertised stool as the dressing table is perfect. Can we contest their offer if we have written proof via email receipt that the stool was included in the price?
    Originally posted by Sealos1979
    Yes of course.

    If you have written proof of the offer that included the stool, of course you can complain.
    .
    • eddddy
    • By eddddy 9th Oct 17, 6:19 AM
    • 5,277 Posts
    • 4,912 Thanks
    eddddy
    Argos advertised a dressing table online as coming with a stool. It was delivered but the box contained no stool. Argos state that the stool was never included in the price even though they have taken our money. They offered full refund or £20 off next order. We would like them to honour the advertised stool as the dressing table is perfect. Can we contest their offer if we have written proof via email receipt that the stool was included in the price?
    Originally posted by Sealos1979
    If the goods are 'not as described' then Argos have breached the contract.

    But in terms of giving you a stool - I would guess that the dressing tables come from their suppliers without stools - so Argos have no stool to give you.

    So reasonable options might be to accept the full refund, or find out the cost of a similar stool somewhere else, and claim that from Argos.
    • Tezza74
    • By Tezza74 10th Oct 17, 1:39 PM
    • 3 Posts
    • 0 Thanks
    Tezza74
    Fitbit Quality Issue
    Hi

    I'm a newbie to forum posting, apologies in advance if this question has already been answered.

    I ordered a fitbit charge 2 in November 2015 with a 2 year guarantee. The fitbit became faulty in December 2016 (the charging connector came away) and a replacement was provided in January 2017. Now the replacement wristband has come away from the main screen. I contacted the retailer who originally agreed to provided a new replacement/refund. When I agreed to the replacement they then advised that as it was now out of warranty they will not assist with the quality issue.

    Can anyone please advise if I have any rights to a repair/replacement/refund, and if the retailer has acted correctly ?

    Many Thanks
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