Faulty item must be exchanged, not refunded?

RobertoMoir

Blacksheep1979 wrote: »

Actually, if you have accepted the goods then the shop is well within its rights to offer a replacement or a repair - now how long as to when the goods are 'accepted' is open to interpretation - in the op's case she probably hasn't but after a week or two the shop would legally be allowed to offer a repair/replacement.

Well you can't really "accept" the goods until you've had a chance to examine them. For trousers, I'd certainly say that includes wearing them a couple of times to ensure they are, well, wearable.

missymugwump

Blacksheep1979 wrote: »

Actually, if you have accepted the goods then the shop is well within its rights to offer a replacement or a repair - now how long as to when the goods are 'accepted' is open to interpretation - in the op's case she probably hasn't but after a week or two the shop would legally be allowed to offer a repair/replacement.

Thats actually untrue

The OP did not accept the goods they were given false information & left
Go back get the manager
Tell him/her that there staff are breaking the law
Say it in a firm but polite manner
Tell them to refund you straight away

Then when you have your refund write a letter to your local paper on the readers page asking if other local tescs users have suffered the same wrongly trained law breaking staff


As for acceptance of goods the time frame is difficult to tie down and define but does not apply in this instance
Acceptance kicks in when you agree to take a reduction but keep the item,accept an exchange,or credit note,or if you have held onto the goods despite knowing of the deffect for an unreasonable length of time

A judge would throw the book at tescos

stugib

missymugwump wrote: »

Acceptance kicks in when you agree to take a reduction but keep the item,accept an exchange,or credit note,or if you have held onto the goods despite knowing of the deffect for an unreasonable length of time

Where on earth did you get that from?

Blacksheep is right, you have the opportunity to inspect the goods as being fault-free, fit for purpose etc. Once you've done that, you've accepted the goods and your right to a refund is lost if you don't take the opportunity to reject them; repair/exchange/partial refund is then applicable should a fault later occur.

missymugwump

stugib wrote: »

Where on earth did you get that from?

Blacksheep is right, you have the opportunity to inspect the goods as being fault-free, fit for purpose etc. Once you've done that, you've accepted the goods and your right to a refund is lost if you don't take the opportunity to reject them; repair/exchange/partial refund is then applicable should a fault later occur.

From 22 years in retail !
BSSA
FSB

You lose your right to refund when you accept
Replacement
Credit note
Gift voucher
FACT



You have a reasonable time to go home & inspect the goods as per section 4 of the Act he rejected them only to be lied to by tescos staff that he was not entitled to a refund


(1) In section 35 of the [1979 c. 54.] Sale of Goods Act 1979 (acceptance) for the words from “when he intimates” to “(2)” there is substituted— “subject to subsection (2) below—
(a) when he intimates to the seller that he has accepted them, or
(b) when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.
(2) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a) of ascertaining whether they are in conformity with the contract, and
(b) in the case of a contract for sale by sample, of comparing the bulk with the sample.
(3) Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.
(4) The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
(5) The questions that are material in determining for the purposes of subsection (4) above whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2) above.



I believe going to customer services the next day is intimating rejection don't you ?

isplumm

Hi,

Just to defend Tesco's slightly - I bought a DAB radio - only £24 from Tescos a few weeks ago - but when I got it home, it could only pick up BBC radio channels - yet my older (admittly far more expensive) DAB radio could pick up numerous channels.

I took it back a few days ago - they refunded it without fuss ...

Mark

missymugwump

Sorry OP it seemed to degenerate there for a bit
I hope you got the information you needed
And let us know what happens

prowla

I recently bought an AV stand from a Tescos.
Well, when I assembled it, it was rickety and unstable and I sure wasn't going to put my system on it.
I took it back and explained the issues; I was courteous (it wasn't the people there's fault) but made it clear that the item was no good, and I got the refund.

di3004

Hi there, your rights on faulty goods:
http://www.consumerrightsexpert.co.uk/FaultyGoods.html

I was in a position a few years back with a company, was not well at the time and trading standards sorted the matter out for me on my behalf.

stugib

missymugwump wrote: »

(4) The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.

Agreed, but you said acceptance only kicks in at the point of going back to the retailer when a fault occurs and choosing/'accepting' a recourse. It doesn't - as with your quote above, acceptance is mostly a factor of time starting after obtaining the goods and ends after inspection, not at any point in the future up until it breaks and you negotiate a resolution. Blacksheep is correct in what he said (as a point, not sure about this particular case).

gabycat

Did the op have the receipt?