Quick questions on Consumer Rights

unholyangel

DadAd05 wrote: »

Really useful, thanks.

I'll do this, thanks. It's not the end of the world if we have to keep it, as I say I just wanted to check where I stand. I did speak to Curry's after the installation and Customer Service agent didn't seem sure so went away and spoke to someone. She then said that it couldn't be exchanged as the terms on their website state that installed goods can't be. I wasn't entirely sure that could be correct, hence the post here. Thanks again.

That might actually give you something usable.

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);
(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

Paragraph (l) of schedule 2 gives us:

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

Check and see what information they gave you a in durable medium. If they haven't properly informed you of your rights - which is possible given they told you & state in their T&C's you can't cancel once installed, then argue that they're not entitled to make the deduction in line with paragraph 11 I highlighted above.

The regulations detail when the right to cancel can be lost - installing the goods isn't one of them.

DadAd05

Great, thanks again for this. I will speak to Curry's again, explain exactly what happened and mention the regulations that you have highlighted, and see where I get. If it turns out that the oven can't be exchanged then that's fine, but at least I have a better understanding of the regulations before talking to Curry's, which is what I was after, many thanks again for all of your help.

unholyangel

DadAd05 wrote: »

Great, thanks again for this. I will speak to Curry's again, explain exactly what happened and mention the regulations that you have highlighted, and see where I get. If it turns out that the oven can't be exchanged then that's fine, but at least I have a better understanding of the regulations before talking to Curry's, which is what I was after, many thanks again for all of your help.

Good luck, let us know how you get on

johnels79

Hi All,

I wonder if you can help on The consumer rights Act 2015.
I have a LG soundbar that developed a fault after 9 months. LG have attempted 4 repairs and all have failed. They have deemed the unit beyond economical repair and have given me a letter to return it to the shop. It was bought online from a store in London, I live in Scotland.

The store have offered me a refund but want me to return it at my own cost. Almost £40.00 through DPD.

Under the consumer rights act:
Would the store not be liable to arrange collection as its faulty?

Regards
John

KeithP

johnels79 wrote: »

Hi All,

I wonder if you can help on The consumer rights Act 2015.
I have a LG soundbar that developed a fault after 9 months. LG have attempted 4 repairs and all have failed. They have deemed the unit beyond economical repair and have given me a letter to return it to the shop. It was bought online from a store in London, I live in Scotland.

The store have offered me a refund but want me to return it at my own cost. Almost £40.00 through DPD.

Under the consumer rights act:
Would the store not be liable to arrange collection as its faulty?

Regards
John

You appear to have been dealing with the manufacturer.
Was that under the terms of the manufacturer's warranty/guarantee?

If so, then I'm not sure that the Consumer Rights Act come into this.

Has the seller been involved at all in these repair attempts?

The CRA says that the seller must cover all costs, including postage, when providing a repair or replacement, but I don't think it says anything similar when a refund is being provided.

johnels79

Quote:
Originally Posted by johnels79 View Post
Hi All,

I wonder if you can help on The consumer rights Act 2015.
I have a LG soundbar that developed a fault after 9 months. LG have attempted 4 repairs and all have failed. They have deemed the unit beyond economical repair and have given me a letter to return it to the shop. It was bought online from a store in London, I live in Scotland.

The store have offered me a refund but want me to return it at my own cost. Almost £40.00 through DPD.

Under the consumer rights act:
Would the store not be liable to arrange collection as its faulty?

Regards
John

You appear to have been dealing with the manufacturer.
Was that under the terms of the manufacturer's warranty/guarantee?

If so, then I'm not sure that the Consumer Rights Act come into this.

Has the seller been involved at all in these repair attempts?

The CRA says that the seller must cover all costs, including postage, when providing a repair or replacement, but I don't think it says anything similar when a refund is being provided.


"Yes the repair was covered under warranty.

The Seller was aware and initiated the repair with LG as I got no where with LG direct. After the 4 failed repairs, LG said I must deal with the seller again.

When my Samsung TV was beyond economical repair some years ago, Samsung took the TV away and issued a cheque. Maybe thats because Comet has ceased trading.

John"

robatwork

Doesn't sound that unreasonable but why on earth is it costing £40 and do they insist on DPD? Are you in the highlands without normal post services?

For example myhermes signed and insured delivery up to 15Kg (which is a heavy soundbar) from IV11AU to London is £14.49

dorondj

All,

read the sticky for advice and looked through forum for help but cannot see anything.

My wife and I bought pillows last year from bensons, long story short was we were there for over an hour trying, the salesperson (obviously wanted a sale) gave us the most expensive pillows at 62.99 each and said they were the best/most comfy etc etc you can get, you will never have a problem with them. He also gave us his own discount to use.

He told us there was a 5 year guarantee on them (wear and tear and loss of comfort one assumes) however after a year of trying to use these, they are uncomfortable, giving me and wife persistent migraines everyday and aches and are just terrible. We are using 4 pound Ikea pillows instead.

Anyway I wanted to take these back however upon looking for receipt I found a t and c contract my wife signed which said no 5 year guarantee on pillows counts. How can I argue this and get an exchange for another, cheaper pillow? I do not want a refund I just want something else. We were almost false sold this pillow with promises and a discount.

Any help appreciated

D

[Deleted User]

dorondj wrote: »

read the sticky for advice and looked through forum for help but cannot see anything.

..and so you thought it wise to post your query three times, with identical posts across the forum?:eek:

unholyangel

KeithP wrote: »

The CRA says that the seller must cover all costs, including postage, when providing a repair or replacement, but I don't think it says anything similar when a refund is being provided.

The poster might not come back and see this but for future reference:

7)From the time when the right is exercised—
(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and
(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

And from explanatory notes:

111.Subsection (8) clarifies that any reasonable costs of returning rejected goods to the trader (except where the consumer returns the goods in person to where they obtained physical possession of them) is to be borne by the trader. This includes the trader paying postal costs. This applies whether or not the consumer has agreed to return the goods, as mentioned in subsection (7).

112.Subsection (8) does not prevent a consumer from pursuing a damages claim. For example, a consumer might wish to do so in circumstances where returning the goods to the place that the consumer obtained physical possession of them does incur quite substantial costs for the consumer.