No refund or replacement if no packaging?

CLLC

tomwakefield wrote: »

Are you not in the UK then? Perhaps you'd like to share with us which leaflet you have in front of you, as it clearly contradicts the Sale of Goods Act.

link

The post above answers your question and yes i am in the uk , are you

The OP says 'a few days after opening it' signifiying that it has been used , as kindly posted above and as said in my leaflet from a solicitors that you are not entitled to a refund , its up to the discression of the advisor/store , for example store policy may say to refund or say its at the agent's discression

Mark_Hewitt

Doesn't it depend on what is meant by 'used'? To my mind taking it out of the box, switching it on and then discovering it doesn't work is not 'used'.

lindos90

A lot of this is down to interpretation isnt it?

'electrical' items can not be seen to be faulty until they are used, which now seems to in principle invalidate the right to get a refund? (only leaving replacement or repair options)

Anyway, we really are not sure if the switch was fautly right from the start, we only 'noticed' it started having a mind of its own after a couple of days...

The assistant did not ask if it was faulty from the start anyway, she agreed it was faulty full stop, and could replace, only IF it was returned with the plastic packaging, (my mum never thought of asking if they would accept the packaging of the replacement item, that was a good idea!)

Anyway, thanks to your replies my mum has been back again, and explained that the packaging should not be a condition of a refund/replacement of a faulty item.

Again they said no, but this time she stuck to her guns bless her, they agreed to replace...only to find they had none left in stock, at that point they must have got fed up, as they agreed to give her a refund, all be it very reluctantly!

Still, their loss, if they had been more agreeable on her first visit, when they did have them in stock, we would all have been happy with a replacement.

Thanks to all your replies, without the support we would not have tried again.

PS it was Debenhams if anyone was wondering.

Mark_Hewitt

I had that once, with a GPS I'd bought where the charger was missing from the box. Initially the retailer insisted that I send the entire thing back to them, box and all, because they needed to send the box back to the manufacturer.

I argued that they could just take a charger out of another box and send *that* back to the manufacturer!

I wasn't going to budge on it as I needed the GPS for the next day, and had a spare charger anyway.

bookworm1363

CLLC wrote: »

Hi ,

Just to point out the sale of good act does not state that they have to give a REFUND , but they are forced to offer a replacement or store credit/vouchers.

it is up to the Assistant whether or not they want to give a refund , sadly its not your choice (unless they offer it to you ofcourse)

Not quite.

If goods are FAULTY, they have to offer repair/replacement/refund and it is their choice as long as not disproportionate or of unreasonable inconvenience to the consumer (ie it will take 3 months to get the part). They can NOT offer vouchers on faulty goods. If they can't/won't supply repair/replacement, then they have to refund.

Different matter if it's a change of mind/unsuitability issue, in which case it is indeed outside the scope of SOGA and comes under additional rights granted by the store and they can restrict it to vouchers if they so wish.

To add that the right to reject for the consumer comes down under what constitutes a "reasonable" time, and under which circumstances. I recently rejected a DIY garden room under SOGA which had been sitting in my garden for 5 months, because I hadn't been able to start building it and therefore examine it because of the weather conditions. The company tried to argue that after 5 months, I had accepted the goods (which were faulty, btw) but I successfully argued that the circumstances meant that no, the time for acceptance ran from when I would have had the opportunity to examine the goods, as per the law. I got a full refund.

The advice from the CD leaflet is somewhat misleading by attempting to over-simplify the answers, and sadly, CD get it often wrong when it comes to acceptance terms, which is a shame.