Consumer rights

*Sunshine*_2

Hi everyone I'm new to this forum! :wave:

I wonder if anyone is able to point me in the right direction to find out what my consumer rights are?

I bought a mirror two years ago and at the time it was delivered I took it out of its box to check it was the right one and since then it's just been sitting there. I took it out again the other day to hang it (it's never been hung) and discovered that the glass has a deep scratch in it.

I phoned the company and asked them what I could do, explaining I had bought the mirror two years ago and they offered me £10 to keep it. They explained that as it had gone beyond 12 months they couldn't offer a refund or replacement. I have the receipt and delivery note.

Now I want my money back for it and I'll never be able to sell it with the damage. The mirror cost me £150 so it's a lot of money to lose.

I've googled to find out what my rights are on returning the mirror and getting a full refund but haven't really come up with anything that's clear.

I'd be extremely happy if anyone could help me. Thanks!

CIS

After 2 yrs you'd have a very hard time proving that it was damaged on delivery. I'd suspect you have no rights.

olly300

CIS is right unfortunately.

By law the retailer only has to accept that there is manufacturing fault with an item only within the first 6 months of purchase to give you a refund or replacement, after that the onus is on the buyer to prove that there was a fault to get the item replaced or repaired.

It's not the company's fault you decided to buy an item and not use it for 2 years. The onus is on you now to prove that the goods where damaged when you received them. As you keep the item in storage the company can argue that you didn't store the item properly, or you damaged the item when you took it out to check it upon delivery and put it back in the box.

So unless you can prove the item was damaged when you received it, which you can't without spending lots of money, then there is nothing you can do.

If you had brought the mirror put it up as per the instructions and the back of the mirror had fallen off 2 years later then you would have a different case to argue, and it's more likely you would be able to get the company to give you a replacement.

BTW the pieces of consumer law you are looking for if you are in England and Wales is The Sale of Goods Act 1979 (as amended) and The Consumer Protection (Distance Selling) Regulations 2000 (as amended).

*Sunshine*_2

Thanks for your replies!

This is what I thought as it's been so long.

BUT to me it is obvious that the damage has been caused during the manufacturing of the glass/mirror. I think anyone would think that too if they looked at it. It would be pretty impossible for me to damage it in this way.

Do you think I should at least write to head office?

dmg24

I think that, for the reasons mentioned above, you would need to get the opinion of someone with expertise in the relevant area in order for a claim to be successful.

*Sunshine*_2

Thanks everyone, I think I'll write a letter to them about it and take it from there.

I'll be gutted if I can't get a refund or replacement - it's almost like I've thrown my money down the drain. I know it can be argued that I should have looked closer at the mirror before now, I'm really annoyed with myself for not doing so.

maninthestreet

I recently bought a mirror, and the shop told me it would provide perfect reflections. However, whenever I've looked at this mirror, there is some ugly, middle-aged fella looking back at me. I complained to the shop, but they said it's not their problem. I feel cheated.

savemoney

Yes we must use the same shop

I will never set foot in the shop again

maninthestreet wrote: »

I recently bought a mirror, and the shop told me it would provide perfect reflections. However, whenever I've looked at this mirror, there is some ugly, middle-aged fella looking back at me. I complained to the shop, but they said it's not their problem. I feel cheated.