Consumer Rights: MoneySavingExpert.com discussion

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Art_2

distressedpleasehelp wrote: »

Hi there,
My first day on here! Was given this link so hope it's the right place to post!

I'd like to ask what my rights are in this purchase (not having much luck with anything this year)
Bought 3 leather sofas from stylish sofas online, very nice people, greeat price, great easy to use site so no problems. Sofas arrived late but wasn't in a rush anyway so that was ok, delivery men very nice, assembled the sofas for me and it looked lovely in my room. Have been having money problems and haven't had a sofa in my living room for 6 months so was really happy, that is until I noticed that one of the sofas had a tear at a seam. I emailed stylish sofas and he nicely replied he would contact his supplier. That was two days after delivery, on their site they stipulate 24 hours for damage and 7 days for changing your mind.
I promised him a photo of the damage so i waited a few days to get my son to help with digital photos, which when he took them he noticed that all the seams joining the cushions to the sofas were ripped.
So I notified stylish sofas that this time I'd have to ask for my money back before the sofas got worse, hassle!!! I loved the sofas and didn't want the hassle of them going, probably won't have sofas for Christmas now. Anyway I'm awaiting his reply but can someone please help and tell me where I stand legally just incase his answer isn't good.
Oh I paid by credit card but I've had to cut that up so my credit card company won't help. How does it stand for me paying by card but asking for a cheque in refund?
Thanks a lot, I'd appreciate any help.

You are protected under the Distant Selling Regulations and the Sale of Goods Act. If you don't hear from the company in the next 2 days write to them, recorded delivery, rejecting the goods as being not fit for purpose and not being of merchantable quality and demand your money back. If they fail to comply you should go to the Small Claims Court.

I would also suggest copying your card company in on this matter. Only problem here is that if you get a refund and you owe your card company money you can guess what they will do with your refund.

Regards,
Art.

leo_bfg

This seems to be a little known fact that I think needs "fanfaring".
:eek: Any consumer good bought in the EU is subject to this 2-year statutory guarantee.

Follow this link for verification from the EU legislative website:-
:money:http://ec.europa.eu/consumers/citizen/my_rights/index_en.htm

:rotfl:This especially applies to products that mysteriously break down a few days / weeks after the manufacturer's 12-month warranty runs out, like:-

• our Beko washing machine that had the cheek to have mechanical problems 10 days after the 1 year warranty had ended.
• This would have applied to my Philips VCR that expired after 1 year and 2 months.

I hope this proves useful to you.:T

goa

Hi everyone

I bought a Chicco Multiway pushchair 4 weeks ago from a large retailer for use primarily by my seven months old baby and occasionally by his 18 months old brother. When I first used the pushchair I noticed that the crotch strap was rather short but it was still useable. As time has gone on and the baby has gotten bigger (he is a fast growing baby) it is now becoming near impossible to do up the straps and the baby is rather squashed and uncomfortable in his pushchair. His older sibling cannot stand a trip in the pushchair as it is as the very short straps make it very uncomfortable for him. The age range of this pushchair is from birth to four years old but I will be lucky to get two months use out of it as things stand. I complained to Chicco who advised me to take it back to the retailer. Retailer doesn't want to know and states that I have to put up with the straps as they are. I am very upset about their attitude and want advice on how to seek redress as the pushchair is clearly not fit for purpose with its very short straps. All advice from this very useful forum would be grately appreciated.

Goa

Art_2

goa wrote: »

Hi everyone

I bought a Chicco Multiway pushchair 4 weeks ago from a large retailer for use primarily by my seven months old baby and occasionally by his 18 months old brother. When I first used the pushchair I noticed that the crotch strap was rather short but it was still useable. As time has gone on and the baby has gotten bigger (he is a fast growing baby) it is now becoming near impossible to do up the straps and the baby is rather squashed and uncomfortable in his pushchair. His older sibling cannot stand a trip in the pushchair as it is as the very short straps make it very uncomfortable for him. The age range of this pushchair is from birth to four years old but I will be lucky to get two months use out of it as things stand. I complained to Chicco who advised me to take it back to the retailer. Retailer doesn't want to know and states that I have to put up with the straps as they are. I am very upset about their attitude and want advice on how to seek redress as the pushchair is clearly not fit for purpose with its very short straps. All advice from this very useful forum would be grately appreciated.

Goa

You've answered your own question - 'not fit for purpose'. If the pushchair is advertised for up to 4 year olds and your children are of normal size you have a case to reject the goods and get a refund.

On a practical note it would have been sensible to have checked the item with your children before buying.

Regards,
Art.

Art_2

leo_bfg wrote: »

This seems to be a little known fact that I think needs "fanfaring".

Another little known fact, it would appear, is that typing is capitals is regarded as shouting and not necessary.

deanos

leo_bfg wrote: »

This seems to be a little known fact that I think needs "fanfaring".
:eek: Any consumer good bought in the EU is subject to this 2-year statutory guarantee.

Is the same law that the UK opted out of ?

tartanterra

I bought 3 presents for my family last night on Marks and Spencers website.
They were advertised as 3 for 2, and I checked the link which further described the offer. This is what it stated:

How our 3 for 2 works for you


Choose [SIZE=+0]anything[/SIZE], at any price, from any range in our Christmas 3 for 2
and you'll get every third item free!


It's even better value when you buy 6 or more gifts.

Most 3 for 2s work by giving you the cheapest products free. With ours, you get every third product free, in descending price order. This means that if you buy nine gifts, the ones you get free are the third, sixth and ninth most expensive, not the three cheapest. Promotion applied at checkout, in descending price order. Cannot be used in conjunction with any other 3 for 2 offer. Offer applies to all product highlighted with 3 for 2 tag logo

Now, that seems pretty clear to me. i.e. NO DODGY EXCLUSIONS! However, when I went through checkout and PAID, NO discount was applied.
I e-mailed M&S immediately and got a reply yesterday, which basically told me I had made a mistake and to telephone once the order was processed.

Knowing I had not made a mistake, I telephoned and once more explained what had happened.

I was told that there WAS an exclusion. Apparently, if some of the order is going to another delivery address (even though I was paying a seperate delivery charge despite the fact that they advertise FREE delivery over £30), then the 3 for 2 offer was null and void, and if I had checked the T & C's by clicking through a link on the individual items, I would have known this. It took me quite a bit of time to find this, and it's well hidden.

I explained that I thought this was more than likely illegal, as the exclusion was hidden deep in the small print and not mentioned in the main description of the 3 for 2 offer, however the "supervisor" I was talking to, was of the school of thought, that raising her voice and talking to me like I was an idiot would clear thing up.

I got a refund and cancelled the order, however, I'm not best pleased about the whole episode and am sure this sort of thing can't be right.

I'm not letting this go, so what is my next step?:rolleyes:

Optimist

tartanterra wrote: »

Snip- Snip

I explained that I thought this was more than likely illegal, as the exclusion was hidden deep in the small print and not mentioned in the main description of the 3 for 2 offer, however the "supervisor" I was talking to, was of the school of thought, that raising her voice and talking to me like I was an idiot would clear thing up.

I got a refund and cancelled the order, however, I'm not best pleased about the whole episode and am sure this sort of thing can't be right.

I'm not letting this go, so what is my next step?:rolleyes:

It was in the so T@Cs. Your next step...Stand back deep breath move on

tartanterra

Optimist wrote: »

It was in the so T@Cs. Your next step...Stand back deep breath move on

You have to open an entirely seperate webpage to find the information. i.e. You can go on the site, read the description of the offer, buy the product and nowhere would you see the exclusion. It's only when you are charged do you realise something is wrong.
When I phoned M & S, they initially could not find the exclusion either.

I was under the impression that, by Law, the offer description has to be clear at the point of sale. Am I right?

Besides, it's just not morally right - it's misleading.