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Consumer Rights: MoneySavingExpert.com discussion

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  • Esqui
    Esqui Posts: 3,414 Forumite
    If the retailer chooses a repair to fix the fault, then yes, you would have to accept.

    BUT it must be done without causing undue inconvenience (hence, they offered a loan pram). I'm not sure how you'd stand regarding the loan pram not being small enough for your car though.
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • Sammie_
    Sammie_ Posts: 116 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I bought a camera from Jessops last week but am extremely disappointed with it. Although I ordered it on the internet I actually asked to pick it up in store and paid for it there. Will my 7 day distance selling rules still be applicable?

    Thanks
    I don't post much, but when I do it's all good!! :beer:
  • Rage_in_Eden
    Rage_in_Eden Posts: 995 Forumite
    we bought a camera actually from Jessops and I distinctly remember the assistant saying that we could bring it back if it wasn't right. I suggest you ring the store and just ask them as I would have thought that it would be the same policy, i.e. you can take it back as they will merely be "fronts" for the web site.
    But I'm going to say this once, and once only, Gene. Stay out of Camberwick Green :D
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sammie_ wrote: »
    I bought a camera from Jessops last week but am extremely disappointed with it. Although I ordered it on the internet I actually asked to pick it up in store and paid for it there. Will my 7 day distance selling rules still be applicable?

    Thanks

    DSRs do not apply in this case, you made the contract face to face in store, the same applies as with Argos ring and reserve.

    OFT Shopping From Home; -
    Page 7
    What isn't covered
    Home shopping rights only cover goods or services you buy from traders without
    face-to-face contact. There are many exceptions that are not covered by these rights.


    However you may have rights under SoGA if the camera is "not of merchantable quality" or "fit for purpose" or "as described".

    If you just don't like it or have changed your mind, you are at the mercy/goodwill of the retailer.
    Don`t steal - the Government doesn`t like the competition


  • yorkygal
    yorkygal Posts: 520 Forumite
    Hi Im after a bit of advice. We bought some vinyl for the kitchen and it was fitted 2wks ago, it started to 'bubble' and we also noticed that it wasnt cut properly ie you could see the concrete between the vinyl and skirting board. We rang them and they sent someone out the following morning to sort it (was the same person who fitted it on behalf of Carpet Right). He tried to sort the 'bubble' out but its not better and if anything its worse than before and he didnt sort the other problem out. He said if we have any problems to ring CR back, which Im almost cerain we will do as its not been rectified to our liking. Previously the kitchen had carpet down and the fitter said the floor isnt perfect for vinyl but still fitted ok before bubbling started.

    Can we claim our money back as we paid about £200 for vinyl and its not been fitted properly - its only been about 2wks since original fitting. Could anyone tell me what our rights are please???
    Opinions are like ar*eholes - everybody has one!!!! :D
  • Art_2
    Art_2 Posts: 1,602 Forumite
    yorkygal wrote: »
    Hi Im after a bit of advice. We bought some vinyl for the kitchen and it was fitted 2wks ago, it started to 'bubble' and we also noticed that it wasnt cut properly ie you could see the concrete between the vinyl and skirting board. We rang them and they sent someone out the following morning to sort it (was the same person who fitted it on behalf of Carpet Right). He tried to sort the 'bubble' out but its not better and if anything its worse than before and he didnt sort the other problem out. He said if we have any problems to ring CR back, which Im almost cerain we will do as its not been rectified to our liking. Previously the kitchen had carpet down and the fitter said the floor isnt perfect for vinyl but still fitted ok before bubbling started.

    Can we claim our money back as we paid about £200 for vinyl and its not been fitted properly - its only been about 2wks since original fitting. Could anyone tell me what our rights are please???

    Write, recorded delivery, to the retailer and tell them the installation is unsatisfactory and not acceptable to you. Give them 10 days to deal with your problem and tell them if it is not dealt with you will go to the Small Claims Court.

    Regards,
    Art.
  • Hi sorry for the long post but I want to give as much info as possible
    I’m not sure how the law stands now but I was on dreams website and I saw a mattress advertised at £0 with £32 delivery. Now at first I thought it was a glitch but then thought what if is it a gimmick and is free and I don’t take it I will be kicking myself so I decided to buy it as if it is a glitch I won’t lose anything as they should cancel the agreement within a few hours and I would then go and buy the one I was going to get anyway I received a confirmation e-mail and Friday the 10th of July and heard no more from them I check my credit card account on Monday the 13th and the transaction date was the 10th and it was posted as paid on the 12th then on Tuesday the 14th I received a phone call from a girl in the local shop asking me for £1600 and I told I had paid what they originally asked so their head office rang me on the Wednesday the 15th and left me an 0870 number to ring them back which I didn’t and waited for them to call again which was on Friday the 17th again a young girl asking if I wanted to cancel the order or pay the £1399 I said no I have already paid what they originally asked for the mattress and would be expecting delivery within the next 2 weeks to which she said I will get a manager to ring you back and he rang shortly after saying that they would be refunding the £32 as it stated on their t&c that errors are not binding to which I told him to read the t&c above which said that unless I heard different within 48 hours of this confirmation the order will be deemed to be accepted by dreams plc I’ll add in the extract 2 t&cs at the bottom. I told him that I had paid what they had originally ask and wasn’t paying anymore or cancelling he said he was returning the £32 and cancelling the order (which btw hasn’t been paid back to me as yet) so I think they might think I have a case.
    All contracts shall be governed by English Law
    Any order placed by the Buyer and accepted by Dreams Plc is subject to the following terms and conditions unless specified in writing by a Director of Dreams Plc.
    A confirmation of your order will be sent automatically by e-mail and, unless you are notified to the contrary within 48 hours of this confirmation, the order will be deemed to be accepted by Dreams Plc.
    Dreams Plc retains the right to refuse any order that is subject to an error on its website and will in these circumstances reimburse the Buyer in full.
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Hi sorry for the long post but I want to give as much info as possible
    I’m not sure how the law stands now but I was on dreams website and I saw a mattress advertised at £0 with £32 delivery. Now at first I thought it was a glitch but then thought what if is it a gimmick and is free and I don’t take it I will be kicking myself so I decided to buy it as if it is a glitch I won’t lose anything as they should cancel the agreement within a few hours and I would then go and buy the one I was going to get anyway I received a confirmation e-mail and Friday the 10th of July and heard no more from them I check my credit card account on Monday the 13th and the transaction date was the 10th and it was posted as paid on the 12th then on Tuesday the 14th I received a phone call from a girl in the local shop asking me for £1600 and I told I had paid what they originally asked so their head office rang me on the Wednesday the 15th and left me an 0870 number to ring them back which I didn’t and waited for them to call again which was on Friday the 17th again a young girl asking if I wanted to cancel the order or pay the £1399 I said no I have already paid what they originally asked for the mattress and would be expecting delivery within the next 2 weeks to which she said I will get a manager to ring you back and he rang shortly after saying that they would be refunding the £32 as it stated on their t&c that errors are not binding to which I told him to read the t&c above which said that unless I heard different within 48 hours of this confirmation the order will be deemed to be accepted by dreams plc I’ll add in the extract 2 t&cs at the bottom. I told him that I had paid what they had originally ask and wasn’t paying anymore or cancelling he said he was returning the £32 and cancelling the order (which btw hasn’t been paid back to me as yet) so I think they might think I have a case.
    All contracts shall be governed by English Law
    Any order placed by the Buyer and accepted by Dreams Plc is subject to the following terms and conditions unless specified in writing by a Director of Dreams Plc.
    A confirmation of your order will be sent automatically by e-mail and, unless you are notified to the contrary within 48 hours of this confirmation, the order will be deemed to be accepted by Dreams Plc.
    Dreams Plc retains the right to refuse any order that is subject to an error on its website and will in these circumstances reimburse the Buyer in full.

    You've answered your own question. They have a right to cancel due to error. You will not get a free bed.

    Regards,
    Art.
  • hi thanks for the reply
    they have taken my money which they have had for over a week now. if they wern't going to honour the agreement they should have informed my within 48 hours.
  • jamiej29
    jamiej29 Posts: 7 Forumite
    Hi,

    Just a newbie on here so please bear with me.

    I was looking for a new suite and came across what i thought was a bargain on Marshall Ward site. We opened an account with themm and proceeded to purchase the suite for reduced price of £332 instead of £649. However when we got to check out if was "out of stock" disappointed we looked over the site and low and behold we found the same suite listed this time for the £649 price and guess what it was in stock!
    I cintacted them to query this as i felt they were advertising the suite at £332 this is what i should be paying, here is the reply....

    "Thanks for your e-mail about the McCord Sofa plus 2 chairs. Your comments have been noted, unfortunately stocks have been exhausted for the set at the lower price, therefore we are unable to offer it to you at the reduced price. The price you will be charged if you were to order the item is the current selling price online.
    I am sorry for any inconvenience caused and look forward to you shopping again."


    Can someone tell me if this legal and am i entitled to argue my case for paying the lower price?

    Thankyou in advance.
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