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Product missing - Studio

We purchased a box set from Studio on 29 August and received the item in the middle of December.

The item was wrapped and then opened on chritmas day. When it was opened (sealed box ) an item was missing.

We contacted the company who have stated that they will not replace/refund as the invoice states that missing / defective products be notified within 10 days.

My argument with them is that defective products can be notified within a reasonale period of time under the SOGA and therefore , at this time of year, and taking in to account it was a sealed product then they cannot overide the SOGA with a term or condition.

Any comments regarding this ?
I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.

Comments

  • Storck
    Storck Posts: 1,890 Forumite
    Tenth Anniversary Combo Breaker
    Was the item missing or defective? If defective then yes you are correct they have to do something, if missing then I don't think it is covered by SOGA. A bit unfair by them as most retailers extend their return policies over Christmas to allow for duplicates etc.
    If you find you are drinking too much give this number a call. 0845 769 7555
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Does a missing item make the set 'defective' though ?
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
    Photogenic
    edited 29 December 2009 at 7:12AM
    Never mind SOGA - try the distance selling regulations.
    The truth may be out there, but the lies are inside your head. Terry Pratchett


    http.thisisnotalink.cöm
  • Studio are terrible to deal with when it comes to things like this.
    I agree though try the distance selling regs.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    i think its out of time for rejecting under the dsr.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
    Photogenic
    3 months from delivery under dsr
    The truth may be out there, but the lies are inside your head. Terry Pratchett


    http.thisisnotalink.cöm
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