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Know your consumer rights.

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  • Hi all,

    With all this talk of consumer rights regarding credit notes, What happens if you possess a credit note, lets say for 50 euro and purchase a pair of jeans for 45 euro using the credit note. You get home and discover that there is a rip in the bottom of the jeans. You bring the jeans back to the shop and request a refund. Are you entitled to a full cash refund (€45) (since the jeans are defective) or are you just entitled to the credit to be returned to you in the form of a new credit note worth €45, since the item was purchased with a credit note in the first place?

    This is one situation which I could not find on any of the consumer rights websites.

    Thanks to you all for taking the time to read/reply to my query.

    Thanks again,

    Damien.
  • http://www.dti.gov.uk/consumers/fact-sheets/page24700.html

    Thanks, however, the 'Sale of Goods, faulty goods' link is not working, the above link should take you there.
    “We all pay for life with death, so everything in between should be free.” :D
  • lalaberet wrote:
    Hi there

    I bought my son an internet browser for his Nintendo DS for Christmas from play.com. Unfortunately, they do 2 versions, one for the DS Lite and one for the standard DS and I inadvertently ordered the wrong one. Before my son had realised my mistake he'd taken the cellophane wrapping of it.

    Play.com won't refund on opened items since they state "Once an item has been removed from its original packaging or it has been used it invalidates our returns policy". I'm assuming that it's within their rights to state this policy but I just wanted to check before attempting to sell it on eBay and re-purchase the correct item.

    Any advice anyone?

    Realise this is a bit old now, but just in case you still wondered:
    Play.com are fine to say this as long as it is just a change of mind or ordered wrong item. Legally you get 7 days to return most things bought over internet but software etc is excluded once opened.
    Little lady arrived 13/12/11
  • bluep wrote:
    Hi - we have a fridge freezer that we love and was a real bargain half-price. Unfortunately the freezer bit broke 2 months ago and was duly fixed (it needed flushing and regassing or something like that) under the warrenty. The same thing has just reocurred and and the engineer is coming out on Monday. It's electrolux so a large company.

    We would really rather he fixed it than get a refund as a) we can't find a similar item at a similar price now and b) it has a brilliant pull out separate middle fridge drawer for big items that we just haven't seen on any other fridge freezers.

    However, the 12 month warrenty runs out mid -feb and I am worried that if they fix it and then it goes wrong again in the next couple of months then we are screwed. If this happens, would I have a legal basis for insisting that they fix it again/refund us after the 12 months expired as the same fault has reocurred and they have effectively failed to fix it?

    Another old one, but will answer anyway!

    If you are going under the warranty then you are bound by what the T&Cs if it are and the time limits. If the original repair fails, then you should be OKto expect another repair (if T&Cs allow, may mention replacement?) but only within the 12 months.

    On the other hand, outside the warranty period, you can still go back to the retailer for up to 6 years from purchase. The options you have against them are repair, replacement, full refund or partial refund. Should be OK to go back to retailer even though manufacturer have come to repair before, but will need to bear in mind how old it is at that time. This is because you can't necessarily expect a brand new replacement of (for example) a 2 year old item as the law doesn't allow for betterment. If you try another repair, you may have to make a contribution towards it, if you want refund it may not be a full refund taking into account age.

    Main thing to remember is guarantees/warranties are on top of your legal rights (Sale of Goods Act) and these rights last beyond the gtee period, but will be against retailer rather than manufacturer.

    If in doubt, contact Consumer Direct 08454 04 05 06
    Little lady arrived 13/12/11
  • Hi all,

    With all this talk of consumer rights regarding credit notes, What happens if you possess a credit note, lets say for 50 euro and purchase a pair of jeans for 45 euro using the credit note. You get home and discover that there is a rip in the bottom of the jeans. You bring the jeans back to the shop and request a refund. Are you entitled to a full cash refund (€45) (since the jeans are defective) or are you just entitled to the credit to be returned to you in the form of a new credit note worth €45, since the item was purchased with a credit note in the first place?

    This is one situation which I could not find on any of the consumer rights websites.

    Thanks to you all for taking the time to read/reply to my query.

    Thanks again,

    Damien.

    And another old one...

    Firstly, guessing you are in Ireland so advice may not be completely relevant but may give an idea. Credit notes are not mentioned in (UK) law, but usually if you buy something and it is faulty, a refund is supposed to put you back in the position you were in before you bought the item, which would mean you would have to have £45 back in one form or another, but probably the same method you paid in, i.e credit note.
    Little lady arrived 13/12/11
  • first speak to the supplier direct and if not happy..get in touch with trading standards, Cit advice Bur and so on.
    Remember we all have rights.
    O and:
    If you buy anything big get it on credit (at least £100) and then the consumer credit act will work for you too.
    Dont forget the sale of goods act 1979 (amended)
    And dont except any rubbish from the large corporates. They have underwriters examining each case and try to play us all for fools.
    Dont let em get away with it..Shoddy Service and poor quality good is not an option..
    Maybe one day they will learn...I think not
  • wombar
    wombar Posts: 28 Forumite
    Sorry, ignore this post I've found the correct place to ask my question. :)
    I say what I like, I like what I say!
  • I hope this is the right forum for this enquiry. New user, so please put me right if I am mistaken.
    I made a stupid mistake and signed a contract for a sun room 'on the spot' and paid a 15% deposit with my debit card. There was a discount 'offer' and I fell for it. I had qualms, and e-mailed the company asking them to cancel the contract and return my deposit. This was done within 7 days, but I am not sure of my rights, as the 'surveyor' was invited into my home by me, and I am (usually) of sound mind! I felt all was not right when I was told, after signing, that applying for planning permission would be extra, and that I would need to provide a skip. Do I have any rights under the law, or have I just got to hope the company does the honourable thing? There is nothing in the contract about cancellation terms.
  • spingers
    spingers Posts: 33 Forumite
    Hello, if I didn't want to read the government regulations as I am quite lazy and struggle to understand long sentences, could someone tell me my rights when;
    • Laptop purchased last September
    • Cd drive has now packed up
    • Business critical piece of equipment
    • Comet suggest they will send it away to have a look at it taking at least 28 days with a potential of wiping all information.

    Can't I just ask for a refund or a replacement?

    Thanks in advance.
  • swagman
    swagman Posts: 220 Forumite
    Part of the Furniture Combo Breaker
    You have consumer rights under the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and the Supply of Goods and Services Act 1973. All these specify that goods must be of satisfactory quality and fit for purpose. This includes durability and your rights persist for up to 6 years, though the legislation does not specify an actual length of time.

    You no longer have the right to reject the goods as the length of time since purchase is enough to deem that you have accepted the goods. You do have a case that the laptop was not of satisfactory quality in respect of durability. The law makes available to you a repair or a replacement, but neither option covers the problem you have about data.

    The best advice would be to copy your data to another source across a network or to an internet site, then go for the repair at Comet's expense.

    If you want you could check with your nearest Citizens Advice Bureau. They are trained to deal with these problems and would ask you various questions to arrive at an exact idea of what you might secure from the company. The possible outcome can be affected by various things and a face-to-face conversation with them is a good step.
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