Rights to Refund from second hand shop?

lufcgirl

I bought a second hand iPod on Monday from one of those cash converters type of stores and got a receipt

However when I got it home, it didn't appear to be recognised at all on my computer, and working for Apple I took it to work and troubleshooted it and the problem is with the iPod
Its now out of warranty and I was wondering what rights I have to a refund from them, especially as it was second hand?

Thanks

Optimist

As it is a business you bought it from the sale of goods act still applies, in that it should be fit for purpose.
Take it back

lufcgirl

Excellent, thats what I was hoping for.

Thanks very much, lets see how much bother they give me trying to return it tomorrow though!

derrick

Second hand goods are still covered by the SoGA, so don't let them tell you otherwise; -

MSE Consumer Rights

Second hand goods and sales goods bought from shops still follow the same rules, if they're faulty then you can still return them. The idea that because you've bought sale or second hand goods means you can't return them is wrong. They must be of satisfactory quality, but the price must be taken into account. If you buy a car for a fiver, you don't have a right to expect it to run normally. If you are made aware of any faults when you buy them, you can't return them later because of that fault though.

lufcgirl

Well they refused to give me a refund. Instead swapped it for an 8g model in better condition so I was happy. I tried quoting the SOGA but didn't get anywhere, mainly cos they didn't have a clue what it is!

derrick

lufcgirl wrote: »

Well they refused to give me a refund. Instead swapped it for an 8g model in better condition so I was happy. I tried quoting the SOGA but didn't get anywhere, mainly cos they didn't have a clue what it is!

At least you have got a result, however, maybe a call to your local Trading Standards is in order as they appear to be breaking the law, they should know what the SoGA is.

facetheglue

derrick wrote: »

At least you have got a result, however, maybe a call to your local Trading Standards is in order as they appear to be breaking the law, they should know what the SoGA is.

I wouldn't go that far, it's probably just the guy who is serving doesn't know what it is. Hell, I didn't even know what it was till I started coming to this site and I worked in retail for years!

At least they offered you a replacement, they probably only tested it by turning it on rather than a full diagnostic test.

derrick

facetheglue wrote: »

I wouldn't go that far, it's probably just the guy who is serving doesn't know what it is. Hell, I didn't even know what it was till I started coming to this site and I worked in retail for years!

At least they offered you a replacement, they probably only tested it by turning it on rather than a full diagnostic test.

IF they are breaking the law, and don't know what SoGA is, then they will continue with their shoddy customer service, so a call to TS is in order so they can give their staff proper training.

lufcgirl

Their receipt said when I read it that they don't give refunds. Just replacement or repair. Is that right?

derrick

lufcgirl wrote: »

Their receipt said when I read it that they don't give refunds. Just replacement or repair. Is that right?

No, the law does not allow that term, however they do not need to give a refund unless the goods are faulty.

From Birmingham City Trading Standards; -

THE LAW
The Consumer Transactions (Restrictions on Statements) Order prohibits the display of notices which indicate that no redress will be given to a customer with a complaint about the supply of goods.

WHAT STATEMENTS ARE PROHIBITED?
Any statement which would cause a reasonable person to conclude that he would not be able to pursue a justified claim against a retailer would be prohibited and therefore illegal. Examples of statements which the courts have deemed illegal are as follows:

a) 'No Cash Refunds'
b) 'No Sale Goods Exchanged or Money Refunded'
c) 'Sold as Seen and Inspected'
d) 'Please Examine Your Goods with Care Because our Liability Ends Once they Leave the Premises'
e) 'No Refunds or Exchanges Without a Receipt'

Brooker_Dave

derrick wrote: »

IF they are breaking the law, and don't know what SoGA is

Ring the police...