Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE)

waterlily

Hi

I hope I have posted this in the correct place and I hope someone can guide me.

Approx 16 months ago we purchased a halogen Heater from Tesco's. Only basic one but was suffice for our needs.

The heater was used in accordance with all the instructions etc etc.

The day before yesterday the heater caught fire in the kitchen, resulting in a hysterical daughter ( Who has special needs) and a damaged heater. Fortunately my husband was in the kitchen at the same time and pulled the plug and stopped any further damage. It was very scary.

I have contacted Tesco and reced a very nice, concerned reply but advised me that as they had no receipt and the heater was over 12 months old they could not help. They had contacted the supplier who advised he had never heard of this happening and would like to examine the Heater. I am to send it at my own expense to await his decision.

Surely this is not right!

Apart from the fact that it could of been a very serious incident indeed, please tell me they cannot dismiss this as easy as that.

I would be grateful for any advice

Many thanks

custardy

waterlily wrote: »

Hi

I hope I have posted this in the correct place and I hope someone can guide me.

Approx 16 months ago we purchased a halogen Heater from Tesco's. Only basic one but was suffice for our needs.

The heater was used in accordance with all the instructions etc etc.

The day before yesterday the heater caught fire in the kitchen, resulting in a hysterical daughter ( Who has special needs) and a damaged heater. Fortunately my husband was in the kitchen at the same time and pulled the plug and stopped any further damage. It was very scary.

I have contacted Tesco and reced a very nice, concerned reply but advised me that as they had no receipt and the heater was over 12 months old they could not help. They had contacted the supplier who advised he had never heard of this happening and would like to examine the Heater. I am to send it at my own expense to await his decision.

Surely this is not right!

Apart from the fact that it could of been a very serious incident indeed, please tell me they cannot dismiss this as easy as that.

I would be grateful for any advice

Many thanks

which part isnt right?
you have a 16 month old heater with no proof of purchase.
the manufacturer has offered to inspect it if you send it to them.
you can pursue Tesco but you need to prove you bought it in store.
either by receipt or card statement

waterlily

Does a clubcard with the purchase on it, not proof?

custardy

you would have to ask Tesco
i dont have a clubcard

nothappyshopper

Hi All,

This is my first post on this forum after being subscribed to Martin's money tips for years.

I have had a problem with a website i have purchased 2 items of furniture from. Initially their automated email receipt stated i would hear from them 'shortly' with regards to by order in early October. After repeated emails to the company (only way to contact them as they refuse to take phone calls for past sales only new sales!), I have a reply in November saying my items will be delivered in 1 week.

The items were finally delivered at the end of November and left with my neighbour as obviously the day i had taken off work to receive the delivery was 2 weeks previous to that and had failed to arrive. By this time I had emailed the company 9 times and received 2 replies. Once I picked up the furniture from my neighbour, i noticed 1 box was missing. The items were 2 lamp tables at £115.00 each. 1 glass top did not arrive at all, the marble base was broken on one too. The one I managed to build from the remaining pieces even had a 'rock' on the glass top as the screw holes were not big enough to fasten securely! Having had enough, i managed to find a smaller screw out of my partners tool box and was at least relieved to have one lamp table.

Upon complaining to the company within the stated time as per their delivery email, a fed-ex representative collected the items straight away and i have heard absolutely nothing from the company since!! They had initially offered to replace the item when i complained before and now after another 8 emails asking when i am due to be refunded, i have had heard nothing. Obviously i'm at the end of my tether now and just want this over and done with..

Please, please does anyone have any suggestions for me? I've been tempted to let them get away with it for the sake of £115.00 but now i want to fight them as it's the principle of the matter!!

BTW the awful company is Budini Furniture - please, do not touch this company with a barge pole!! The worst company i have EVER had to deal with!!

Thanks so much in advance.

nikkinakkinoo

Hi there

I have read in the consumer rights guide that for returns online then you are entitled to ask for refund of postage for item to be sent to you (but not postage you have to pay to send back)

I have purchased an item on Buy it Now where the seller accepts returns but clearly stated that delivery costs would not be refunded? I am still entitled to ask for this as part of my refund based on the guide or have I accepted this as part of the contract as she has clearly stated this before I pressed buy?

I wasn't going to ask for it to be refunded but having seen this guide though I would ask out of interest what my rights are in this instance?

Many thanks in advance

Nikki

lukeyp

Hi,

Also interested to know the answer to Nikki's question in relation to buying directly from an online retailer where you have agreed to terms and conditions which state postage will not be refunded.

Many thanks.

Luke

rogersb

Hi, first post after reading for years.

I have recently bought some goods online, but I ordered the wrong ones, so am returning them to get the correct items sent out.

The dealer is saying that they do not refund postage costs, even though I am re-ordering with them, and it was only 3 days ago that I placed the original order.

They pointed me to their terms:

" So if for any reason you are not completely happy with your purchase or it doesn't meet your expectations, you can simply return it to us for a full refund or exchange (less delivery costs). "

Are they allowed to do this - I thought DSR meant they were obliged to refund the delivery costs?

I would welcome any help or suggestions on this!

Thanks

derrick

Re the last 3 posts and DSR, If you conform to the regs and inform the supplier of your wish to return the goods, (assuming they are not excluded by way of exclusions), then original postage is legally obliged to be refunded, return postage can only be payable by the consumer if the supplier made this clear before the conclusion of the contract.

You need to inform , (not return), within 7 WORKING days beginning with the day after delivery.

A companies T&Cs cannot override Statutory Rights even if you signed them.

Have a read of THIS.


.

nikkinakkinoo

Thanks Derrick - really useful info - I guess my concern is that if I start quoting this the ebay trader may get bitter and leave me negative feedback but I guess I can contest it if necessary?