Consumer Rights: MoneySavingExpert.com discussion

derrick

Matty007 wrote: »

Hi Guys

Bought a PS3 for my boys for £269.99 from Zavvi !!

It is now playing up and would like your advice as the retailer has or is going into administartion.

What do you think guys ??

Matty007

If you paid by Credit Card, then contact your C C company as they are"jointly and severally liable" under section 75 of the Consumer Credit Act.

If you paid by VISA debit card, contact your card issuer as you can try for "chargeback", although I think that might be only if the goods did not arrive.

suzukicbbc

Hi

I purchased a pair of Sidi motorcyle boots at the NEC on 3rd Dec. I tried them on at the stand and they seemed to fit ok. I paid cash and asked for the boots not to be put into the box as i was flying back. There was no receipt - I paid £130.

It was a couple of weeks later before i decided to wear them and when i put them on found a small panel which covers the closing mechanism was very loose although screw holding it on was tight. On closer inspection i found them to be of poor quality not like the high standard of SIDI boots.

I emailed the seller and told them of this fault and specified "I would like you to send my money back and i will then return the boots to you. I paid you £130 for them."

Their response was that "The procedure for dealing with a warranty issue is that you will have to send the boots back to us first so that then we can send them to Sidi UK to either be repaired or if they are not repairable then replaced. Most moving parts on this boot are repairable so I suspect that is what would happen."

I would prefer a refund because i getting more convinced these may be a copy of Sidi boots. Even the box they were in (which said SIDI on it) were not the correct box for the model of boot.

What should i do?

Should i return them to the seller for repair or replacement?

Thanks

Art_2

suzukicbbc wrote: »

Hi

I purchased a pair of Sidi motorcyle boots at the NEC on 3rd Dec. I tried them on at the stand and they seemed to fit ok. I paid cash and asked for the boots not to be put into the box as i was flying back. There was no receipt - I paid £130.

It was a couple of weeks later before i decided to wear them and when i put them on found a small panel which covers the closing mechanism was very loose although screw holding it on was tight. On closer inspection i found them to be of poor quality not like the high standard of SIDI boots.

I emailed the seller and told them of this fault and specified "I would like you to send my money back and i will then return the boots to you. I paid you £130 for them."

Their response was that "The procedure for dealing with a warranty issue is that you will have to send the boots back to us first so that then we can send them to Sidi UK to either be repaired or if they are not repairable then replaced. Most moving parts on this boot are repairable so I suspect that is what would happen."

I would prefer a refund because i getting more convinced these may be a copy of Sidi boots. Even the box they were in (which said SIDI on it) were not the correct box for the model of boot.

What should i do?

Should i return them to the seller for repair or replacement?

Thanks

You have no receipt so you are at a disadvantage. Initially try writing to the company stating that under the Sale of goods Act you are rejecting the boots as being 'not of merchantable quality' and demand a refund.

Regards,
Art.

bobalob

Hi there,

The law here is the Sale of Goods Act 1979. You do have a valid complaint if the shoes aren;t of satisfactory quality as you describe.

Under section 48(B1) of the Act, you have the right to repair or replacement of the goods. Under section 48C(2) of the Act you can only rescind the contract (and thereby get a refund) when certain conditions are met. This is where repair or replacement is impossible or disproportionate, for example.

In reality, you only have a short period of time in which to ask for a full refund, and you have to allow the trader a reasonable space of time to put the fault right. However, given you take the goods back within six months of their purchase, the trader is bound to offer a repair or replacement.

It is up to you to show where and when you bought the goods. Although you have no reciept, you could have other forms of proof of purchase.

I strongly recommend looking at BERR Consumer Direct:
http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/clothes/

If you believe the goods are counterfeit, you need to report this. I hope this helps.

derrick

bobalob wrote: »

It is up to you to show where and when you bought the goods. Although you have no reciept, you could have other forms of proof of purchase.

The OP paid in cash; -

suzukicbbc wrote: »

I paid cash and asked for the boots not to be put into the box as i was flying back. There was no receipt - I paid £130.

shaggy

can i return a laptop bought from Argos under their 30 day guarantee?

Optimist

shaggy wrote: »

can i return a laptop bought from Argos under their 30 day guarantee?

Laptops are excluded from the Argos 30 day guarantee

shaggy

Optimist wrote: »

Laptops are excluded from the Argos 30 day guarantee

even if unopened?

bobalob

Hi Derrick,
I understand - I just didn't want the message going out that "no reciept" when paying with cash meant no recourse whatsoever. This could have severe implications for very high-value purchasers, but for the instant case negotiation with the trader may produce fruitful results in lieu of a reciept.

Examples of other ways to get some evidence of purchase could include CCTV footage (making a request under s.7 Data Protection Act 1998) or witness evidence (including under s.5 Statutory Declarations Act 1835 when gathering evidence when corresponding with a trader). If necessary, it would, of course, be for the Court to decide whether sufficient evidence existed, in all the circumstances.

Optimist

shaggy wrote: »

even if unopened?

You can always ask them but they are under no obligation