JJB - are they right?

shellsuit

Bought son a pair of football boots, metal studs, adidas something or other (they all look the same to me lol) they were £39.99 (on sale) and I paid with cash.

The boots have a flap at the front which is fastened with elastic which goes under the boot (you men will know what I mean)

The elastic frayed on one boot at one side and come away within 6 weeks of buying them (and he had only played in 4 matches) so I took them back.

They said they couldn't refund me because it was past 28 days so I told them I wanted a refund because they were faulty, not because we had changed our mind.

They said after 28 days they could only offer an exchange or vouchers even if the goods are faulty. They couldn't exchange because they didn't have my sons size so we ended up taking the vouchers which son used for a football top as there were no boots he wanted which were in his size.

This is from their website but basically the same as the sign instore :

JJB Sports returns policy is that if a customer returns goods in the condition they were sold with a valid receipt, within 28 days of purchase, we will offer a full refund, but after the 28 day period we will offer an exchange or gift vouchers to value of the original purchase.

Were they right not to refund?

ckerrd

You were returning faulty goods - they are wrong

hollydays

It also says "the customers statutory rights for the return of faulty goods is not affected".This means-ignore the other bit-your legal rights are unnafected-take them back , the assistant is wrong.
A stores returns policy varies but your rights with faulty goods stays the same.

shellsuit

hollydays wrote:

It also says "the customers statutory rights for the return of faulty goods is not affected".This means-ignore the other bit-your legal rights are unnafected-take them back , the assistant is wrong.
A stores returns policy varies but your rights with faulty goods stays the same.

I told the manager all that and he still insisted he couldn't refund.

I've just fired off an email cos I'm not wasting my money to ring them, so I'll see what reply they give me.

hollydays

The Manager?!! What a muppet!
Reckon they are just tryin their luck.My son when he was about 14 took a faulty product back to Game.They tried that on him.When i went back the Manager said he was new.I pointed out that this is one of the basic legal rights any Manager would know-he capitulated and admitted they were trying to keep the money within the company-(with a refund you might take your money elsewhere)

shellsuit

hollydays wrote:

The Manager?!! What a muppet!

Yes lol

When the lad on the till said he couldn't refund, I asked to speak to the manager and he said exactly the same.

So basically, going from what he said, if you buy something and it knackers up 29+ days later, you can't have a refund, only an exchange or a voucher.

hjb123

Hi,

With faulty goods I think that after 28 days it is upto the consumer to prove that the fault was present at the time of purchase to be able to get a refund, check out the following site from consumer direct in regards to the rights etc with faulty goods:

http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtml#3

stiffnuts69

ckerrd wrote:

You were returning faulty goods - they are wrong

Not actually true. The person has used them on a number of occassions and therefore has accepted the goods. In that case a breach of contract is treated as a breach of warranty. So yes the goods are faulty but the consumer will probably be deemed to have accepted them. A yard stick for acceptance is around the month mark although its not set in stone.

In my opnion you are lucky to get a full exchange or vouchers without any fuss after 6 weeks. They could have been difficult with you.

I think jjb are within their rights, but if the op is not happy they can pursue a claim through the county courts

shellsuit

Refunds

You are entitled to your money back if there is a fault with the goods, or they are any of the following:

• Unsatisfactory quality
• Not fit for their purpose
• Misdescribed (not what they are supposed to be)

You must be able to prove that the fault was present when the goods were sold. The burden of proof is on the consumer.


How could I prove the fault was there when I bought them, because the fault wasn't there when I bought them, it happened afterwards. That statement doesn't make sense to me, as if I would have bought them knowing there was a fault (and with everything I buy) lol

shellsuit

stiffnuts69 wrote:

Not actually true. The person has used them on a number of occassions and therefore has accepted the goods. In that case a breach of contract is treated as a breach of warranty. So yes the goods are faulty but the consumer will probably be deemed to have accepted them. A yard stick for acceptance is around the month mark although its not set in stone.

In my opnion you are lucky to get a full exchange or vouchers without any fuss after 6 weeks. They could have been difficult with you.

I think jjb are within their rights, but if the op is not happy they can pursue a claim through the county courts

Woah! I wouldn't go that far lol

The boots were only worn about 6 times (4 matches and 2 training sessions at most) and with metal blades its not as if they can be used to walk about in or play outside to ruin them.

My son's only 10 so not as if he had hammered them like someone bigger and heavier could do.

stiffnuts69

There is a bit of misinformation here. If the fault occurs within 1st 6 months it is upto trader to show that there was no fault at time of sale, eitherwise entitled to refund/exchange as appropriate. However this is under a different set of regulations called the Sale and Supply of Goods to Consumers Regulations 2002. You can at any time chose the Sale of goods act 1979 path.