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Consumer Rights Discussion area

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  • shopbot
    shopbot Posts: 1,022 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Provided that the damage occurred in normal use (i.e. walking around rather than digging the garden in them) then yes your partner was entitled to a refund, exchange or repair (and still would be). The Sale of Goods expects that goods should be fit for the purpose sold and of satisfactory quality.

    Anyone buying a pair of shoes should expect that they are able to withstand normal use and last an acceptable amount of time. The only reasons that Next could legally refuse a refund would be:
    1. If they could prove you had caused the damage yourself i.e. by kicking the heel off with your other foot when taking them off.
    2. If the goods had been used inappropriately i.e. if fashion shoes had been used in an industrial enviroment
    3. If the goods had lasted a satisfactory amount of time
    4. If the goods had been obtained dishonestly.


    Go back to Next and ask to speak to a Manager. If you have a receipt that should help demonstrate how what a short period of time you have owned them. However you do not have to provide Next with a receipt in this case as the goods are faulty. If you do not get anywhere with them then speak to Trading Standards. From what you say the law should be on your side.
  • I bought a flip mobile phone from a well known catalogue store at the start of this year. Recently the casing of the phone has worn away (about 1cm away from the fold) from the phone opening and closing. I hadn't had the phone 6 months so I took it back to the shop who sent it back to the manufacturer. The manufacturer refused to repair it. What should I do now? Surely the goods should last for more than 6 months!
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I bought a flip mobile phone from a well known catalogue store at the start of this year. Recently the casing of the phone has worn away (about 1cm away from the fold) from the phone opening and closing. I hadn't had the phone 6 months so I took it back to the shop who sent it back to the manufacturer. The manufacturer refused to repair it. What should I do now? Surely the goods should last for more than 6 months!

    Under the Sale of Goods Act a product less than 6 months old and it is up to the retailer to prove the fault was not there at the point of sale, after 6 months it is for you to prove it is faulty, here are some links for you to look at
    HERE HERE HERE HERE HERE HERE
    Don`t steal - the Government doesn`t like the competition


  • Rynert
    Rynert Posts: 2 Newbie
    Hi, I have a 6 month old monitor that was faulty. They manufacturer swapped it out for another. The replacement was one that had been returned by somebody else, repaired and sent to me as a replacement for my faulty one.

    They said that this was a 'like for like' swap.

    I asked if the warranty re-started with the replacement. They said no.

    I argued that as it was older it was very possible to have had a lot more use than my own one, indeed it could have been used 24*7 in a call center and as such it was unfair to give me that in place of my own, without renewing the warranty.

    They said it was 'like for like' and that was the end of it.

    I left it at that, although I think it is unfair. However, 8 months on and that previously repaired monitor blew up. They will now send me another, old, previoulsy used to unknown amounts and previously repaired monitor, again without renewing the warranty.

    This will be the 3rd swap-out I have had in less than 2 years.

    Do I have to accept an inferior monitor in replacement for the 3rd time or can I, at the very least, expect mine to be repaired and have the warranty for the repaired part reset to the 3 years?

    Is it right they can send me a second / third / fourth etc hand monitor in replacement of mine?
  • falancan
    falancan Posts: 66 Forumite
    All avon ladies here?
    Avon is the worst company in uk.I m a avon lady for a year.
    We have to buy the avon books and any sales aid
    1)They made mistakes of your orders everytime
    2)When u return order to them,they debit or credit wrongly .They say u havent returned part of them which u put all the stuffs in one big box.
    3)They charge us merchandise adjustment fee.What it come from :confused: ?From debit or credit for your account.Thats mean u tell them they made mistake and u will be charged £2-£3 each :mad: time.Everytime,the amount is varied.
    4)Please teach me how to complain,I m going mad,very mad! :eek:
    Any avon lady here?Please share,I m very mad
  • I returned a mobile to a well known store and they sent it away, it returned and they said it was uneconomical to repair it. I asked for a refund or exchange and they said no with no explanation why. Am I right in thinking that if it is not economical to repair I am entitled to a refund? They returned the phone to me in a worse state than when I gave them it!
  • KleptisV
    KleptisV Posts: 24 Forumite
    Part of the Furniture Combo Breaker
    It depends on a number of issues: How long you had the phone, and what was wrong with it... In short, if you had the phone for less than 6 months, and it just went wrong (you didn't drop it etc etc). Then you should almost definately be entitled to a refund.
    If you have had the phone longer than 6 months, I believe the law states that you have to prove that the fault was there when you bought it.

    Despite all this, they should have told you this before they sent it away, it sounds like extrememly poor customer service all round!
  • I'd had the phone less than 6 months when I took it back. It hadnt been dropped. Where the phone folds the case must sort of pivot at a point and it has split there. The report they had said a repair was uneconomical which should entitle me to a refund but they didn't wanna know!
  • padzster
    padzster Posts: 143 Forumite
    Part of the Furniture Combo Breaker
    Hi

    Found out today about Red Letter Days going into administration. I've got 2 gift packs (as it was my 30th earlier this year) that I haven't used yet. One was paid for with a credit card and one with a Switch card. From what I heard on BBC news, credit card payments should be protected, but not Switch/Maestro/Delta as they come directly from your account.

    Now my question is, how do I go about receiving a refund for both gifts? Do I have a leg to stand on or will they be getting away with my loved ones' hard-earned cash?

    Advice appreciated!
    Please help!
  • corey
    corey Posts: 21 Forumite
    Padzster,

    your credit card company will be able to help you with one of them, they should issue you a refund, but you will have to contact the receivers for the other one and your name goes on the bottom of the creditors list. Suppliers etc will be at the top so its doubtful you will get anything back. Hope this helps.
    Corrina + brood!! :grouphug:
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