I want a refund - my rights?

donquine

Ordered an item from a small retailer. It was of an unsatisfactory quality and not as described. Tried contacting on the 23rd - haven't heard anything back. There is nothing on their website to suggest they are shut for an extended festive period. I was hoping they would be contactable today, with it being a normal working day.

Due to the nature of the product, it can't be repaired, only replaced. I have lost confidence in the retailer and believe a replacement would be of a similar poor quality.

Can I insist on a refund or can the retailer offer a replacement? Not that I've heard anything yet. I'm wondering if I can buy an alternative elsewhere now and chase this company later for a refund or if it's possible I'd end up with two products.

How long do I have to wait for some sort of contact before getting my bank involved? Thanks for any advice.

pitkin2020

you need to send them an email within 7 days of receipt to state you would like a refund i beleive due to the DSR, but it has to be in writing

donquine

pitkin2020 wrote: »

you need to send them an email within 7 days of receipt to state you would like a refund i beleive due to the DSR, but it has to be in writing

I did email them within 7 days stating I wanted a refund. The product, btw, was customised for me. Not sure if that affects anything.

If it had been as described, I would have been happy to keep it - but it's not, and on top of that, the customisation is really shoddy.

donquine

You can’t cancel if the service has already started or you have bought personalised goods, fresh food, flowers, or sealed audio, video or computer software that has been opened.

Have just seen this. DSR won't apply, so I have to go through SOGA.

Anyone know what my rights to a refund over a replacement would be in this situation? The goods supplied are not as described and from inspecting them, I'm unsure the retailer will be able to provide a satisfactory replacement. Do I need to accept a replacement, then go through all of this again when they turn up and are done badly again?

4743hudsonj

You can still reject the goods under SOGA and claim full refund as it has been within a reasonable time. Bespoke or not, you have your rights.

jessc_2001

Sale of Goods Act

Under the Sale of Goods Act 1979 traders must sell goods that are as described and of satisfactory quality.

If consumers discover that products do not meet these requirements they can reject them and ask for their money back providing they do so quickly. Alternatively, they can request a repair or replacement or claim compensation.

The Sale of Goods Act has been amended by the Sale and Supply of Goods to Consumers Regulations 2002 which transpose a European Directive. Although the impact of the Regulations is relatively modest there are some useful benefits for consumers.

Our Traders Guide and Fact Sheet provides further information and advice.

Consumer Direct offers advice for consumers who have a complaint under the Act.

Fact sheet :

Sale of Goods Act Fact Sheet
Subject:

Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation:

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

More info : http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

donquine

Any idea where I stand re postage?

jessc_2001

That you may possibly have to suck up - the cost of the item is the only thing covered by SOGA (I think!)
Edit : After all - it's the item that's faulty - not the delivery method!

Tozer

jessc_2001 wrote: »

That you may possibly have to suck up - the cost of the item is the only thing covered by SOGA (I think!)
Edit : After all - it's the item that's faulty - not the delivery method!

Not correct. Assuming the item can be rejected under SOGA, the OP is entitled to claim damages suffered as a consequence of the breach of contract. This very clearly includes the return of the offending item.

Anihilator

With the utmost respect this advice is utterly worthless unless the OP wants to tell us exactly what was purchased, the agreement made and the cost etc.

Tozer

Anihilator wrote: »

With the utmost respect this advice is utterly worthless unless the OP wants to tell us exactly what was purchased, the agreement made and the cost etc.

Assuming the OP is right and that the item is not of satisfactory quality / as described, it is irrelevant what it is or what it cost.