Too late for a refund?

siani70

Hello. This is my first post, I'm hoping somebody can advise me ...

I went to Halfords last summer and bought a cycle carrier. Before buying it, I asked for the advice of a sales person who came out and looked at my car and recommended a carrier which I purchased. Unfortunately, what with the weather and everything I never got round to using it. Until a couple of weeks ago when I got it out and returned to Halfords for help fitting it.

Once the carrier was fitted and bikes loaded on it, I realised that my rear lights where almost completely obscured. I had bought the carrier because the sales person assured me I wouldn't need a light board because the carrier would be high up. What he failed to notice was that my lights are also high up! I know I should have spotted this earlier but the person who sold me the carrier and the two Halfords employees who fitted it all completely failed to notice the problem! And they are paid to know about this stuff ...

Anyway, I rang the store to explain the problem and they said that I've had the carrier a long time so too late for a refund. I wrote to head office and they said the same. I know I should have realised sooner but is there any hope of a refund now? Or do I give in gracefully? I can't use a light board because I have nowhere to plug one in on my car.

Neither the store or the Head Office responded to my point that their employees failed to notice that the product I was sold was not suitable.

whatmichaelsays

The majority retailers will have a disclaimer in their T&Cs that the advice of their staff is given in good faith, that it is by no means guaranteed and that it is the customer's decision to act on any advice.

The reality is that the claim that they "are paid to know this stuff" is a red herring. They are paid to work in a shop but they aren't expected to know everything about every product - and anybody who does would not be working in Halfords.

As much of a headache it is, you're probably stuck.

pinkshoes

It's been quite a while now... why not just pay £19.99 for the light board, or even less on ebay?

siani70

Thanks for your replies. Think I'll probably sell carrier on ebay. I can't use a lightboard as I don't have a towbar so no socket to plug one in to. I know you can get an adapter or something for the rear lights of the car but it's even more hassle and expense and just makes the whole thing even more complicated.

samblack

I'm no expert but I'd try and complain again. You explained what you wanted and they sold you something not suitable.
http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

whatmichaelsays

samblack wrote: »

I'm no expert but I'd try and complain again. You explained what you wanted and they sold you something not suitable.
http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

But on the flip side, having the rack for so long would likely to be deemed "acceptance" of the goods.

As mentioned above, very few retailers would actually "guarantee" the advice that their sales staff provide.

4743hudsonj

whatmichaelsays wrote: »

But on the flip side, having the rack for so long would likely to be deemed "acceptance" of the goods.

As mentioned above, very few retailers would actually "guarantee" the advice that their sales staff provide.

i partially agree with your statement, technically it can be argued they have not accepted the goods, though i admit that this will be nigh on impossible to prove.

However whether or not the guarantee their word, in a sense the law does. Goods must be as described, which in the op's case, it was described as fitting ok (with the implication of legality) which it clearly does not