Sainsburys wanted to say no

kazzah60

Mankysteve wrote: »

Well as they have no proof of purchase they not entitled to anything but your wrong on saying there only entitled to repair or replacement if they had proof of purchase.

Its there choice of refund which can be a portion based upon the time the item is expected to last and actually use. A repair or a replacement. The only condition on the person choice is that which ever is choose must not be significantly more expensive than the other to the retailer and that option is actually available.

Thanks Steve - thats what I was taught on my retail management course with a well known high street retailer
of course we were ENCOURAGED to offer a replacement or repair - but where there was a time limited guarantee ( such as the Op had) and the item became faulty within that time limited guarantee the customer was legally entitled to ask for and receive a refund - now thing that are significant cost to buy such as large appliances, lap topps etc, then obviously it is cheaper to offer a repair in most circumstances- but this was a fairly inexpensive item of a household kettle - hardly going to break the bank at the retialer especially when they can return faulty items to the manufacturer and receive a credit or refund of their purchase price
however I am quite happy to be corrected by all the legal eagles on the boards :rotfl:

shaun_from_Africa

SOGA says otherwise and that the actually law.

Before posting a statement such as that which implies that the neither the UK government, the OFT or consumer direct understand the SOGA, you may well want to read the wording of the act itself. ( F3848A and

This clearly states that for up to 6 months after a sale, any goods that fail are assumed to have been faulty at the time of purchase (an inherrent fault) unless the retailer can prove otherwise.
This 6 month period is the maximum time allowed, and depending on the type of goods may be less.
In this instance the purchaser can only legally demand a replacment or repair.
They can ask for a refund but if the retailer can repair or replace the item without causing too much inconvienence to them, they this refund request can be refused.
If a refund must be provided due to repairs or replacement not being possible, then the retailer can make a deduction to cover the use the buyer had had from the goods.

It goes on to state that after this 6 month period, the goods are assumed to have been defect free at the time of sale (unless the buyer can prove this is not the case), and the retailer is only required to offer a repair or replacement of the goods.
Again, only if this is not possible, too expensive or would take too long are they required to refund the buyer, and again, this does not have to be a full refund as the buyer will have had a reasonable amount of use of the item.

F3948BRepair or replacement of the goods.
 
(1)If section 48A above applies, the buyer may require the seller—
(a)to repair the goods, or
(b)to replace the goods.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a)impossible, or
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

(2)The condition is that—
(a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or
(b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.
(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

If the goods fail with a few days of the buyer taking possession of them, they can claim non acceptance of the goods and in this instance are entitled to a full refund, and simply have to ask the seller to collect the unwanted items.