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  • FIRST POST
    • trickydicky14
    • By trickydicky14 13th Jan 18, 11:59 AM
    • 142Posts
    • 18Thanks
    trickydicky14
    Unsure of my rights, online purchase.
    • #1
    • 13th Jan 18, 11:59 AM
    Unsure of my rights, online purchase. 13th Jan 18 at 11:59 AM
    Unsure of my legal rights,
    Purchased a pair of boots online with a credit card. After six weeks light use the heel came off one of the boots. Contacted online shop and I was asked to send Photos of fault, condition of sole, inside label and general condition of boots, this I did.
    After four days with no response I contacted them by phone to be told the photos have been sent to the manufacturer for comment and until a response is given they will not refund or replace boots.
    Is this above board? I thought my issue would be just with the online shop and the shop would have to deal with the manufacturer separately. When I stated this on the phone I was told the rules are different for online purchases.
    They appear to be saying, the manufacturer has the power to dictate how my claim will be dealt with.
    Hope I have made myself clear, thanks for any advice.
Page 1
    • theonlywayisup
    • By theonlywayisup 13th Jan 18, 12:13 PM
    • 11,689 Posts
    • 7,891 Thanks
    theonlywayisup
    • #2
    • 13th Jan 18, 12:13 PM
    • #2
    • 13th Jan 18, 12:13 PM
    As the purchase is faulty and is less than 6 months old, the fault is deemed inherent.

    Have a read of a simplified version of the CRA.

    https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

    You do not have any contract with the manufacturer, your contract is with the retailer.
    • waamo
    • By waamo 13th Jan 18, 12:21 PM
    • 2,236 Posts
    • 2,694 Thanks
    waamo
    • #3
    • 13th Jan 18, 12:21 PM
    • #3
    • 13th Jan 18, 12:21 PM
    I suspect they want the manufacturer to confirm they are faulty and not been subjected to damage by the wearer.
    This space for hire.
    • molerat
    • By molerat 13th Jan 18, 1:23 PM
    • 17,635 Posts
    • 11,906 Thanks
    molerat
    • #4
    • 13th Jan 18, 1:23 PM
    • #4
    • 13th Jan 18, 1:23 PM
    The onus is on the retailer to prove they are not inherently faulty and they are the ones that have to provide the remedy if they are. They have the right to seek expert opinion and in this case they have asked the manufacturer. If the manufacturer states the cause as misuse then they can use that as their proof. It is not a simple right to "less than 6 months = replace / repair / refund".
    Last edited by molerat; 13-01-2018 at 1:25 PM.
    www.helpforheroes.org.uk/donations.html
    • trickydicky14
    • By trickydicky14 14th Jan 18, 12:29 PM
    • 142 Posts
    • 18 Thanks
    trickydicky14
    • #5
    • 14th Jan 18, 12:29 PM
    • #5
    • 14th Jan 18, 12:29 PM
    Thanks for all three replies and I now understand things a little better.
    Can I ask, how long do you think is reasonable for me to have to wait for a decision?
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