Quick questions on Consumer Rights

roscostan

Hi,
I purchased a memory foam mattress a about 11 days a go, since using it I have not had one good night's sleep due to it making me too hot. I have just spoken to the shop where I purchased it and they said they can do nothing as the mattress isn't faulty. At the time of purchase I was not told that I couldn't get a refund on the mattress nor was I told that it may cause me to be too hot. It cost me over £400. To me the mattress is faulty. Is there anything I can do?
Many thanks
Rosco

wealdroam

roscostan wrote: »

Hi,
I purchased a memory foam mattress a about 11 days a go, since using it I have not had one good night's sleep due to it making me too hot. I have just spoken to the shop where I purchased it and they said they can do nothing as the mattress isn't faulty. At the time of purchase I was not told that I couldn't get a refund on the mattress nor was I told that it may cause me to be too hot. It cost me over £400. To me the mattress is faulty. Is there anything I can do?
Many thanks
Rosco

Is the mattress faulty or is it just not suitable for you?

A difficult question and I don't know how you decide.

If you bought in a shop then you have no statutory right to a refund if there is nothing wrong with the mattress.
You may however, have a contractual right if there are signs in the shop, or on the receipt saying something like "return in 14 days for a refund", or something similar.

You seem to think the shop should've told you that it couldn't be returned if not faulty?
Did you ask this question specifically?

It is always good to assume that a purchase in a shop is final, unless agreed otherwise.

Diddle

I bought some furniture on 6th august this year and the company has kept hold of it for me as i was getting work done on my house. I have now bought furniture from elsewere and they said that they can only offer me a credit note even though i have asked for the full amount back. a i entiltled to a full refund for changing my mind. there is nothing wrong with the products i bought i have simply changed my mind

wealdroam

Diddle wrote: »

I bought some furniture on 6th august this year and the company has kept hold of it for me as i was getting work done on my house. I have now bought furniture from elsewere and they said that they can only offer me a credit note even though i have asked for the full amount back. a i entiltled to a full refund for changing my mind. there is nothing wrong with the products i bought i have simply changed my mind

You have bought the furniture.
It is yours.
They could if they wished start to charge you storage.

You have no statutory right to your money back just because you have changed your mind.
You may however have a contractual right to your money back if for example there is a sign in the shop stating that you can get arefund in XX days, and you are still within that time period.

They have offered you a credit note which is more than they need to do.

It appears to me that you have two choices:

1. take the furniture and sell it yourself, or
2. take the credit note and hope you can find a use for it or are able to sell it.

If you take the credit note, it might be an idea to make a note of any expiry date on it.

d4vej4m

Hi,

Hope this is in the right place, apols if not.

At the start of the year I bought a new digital camera from Jessops. I've used it a few times since for kids birthdays, summer hol etc.. so it's had a pretty easy life.

2 weeks ago I discovered that the battery compartment would no longer close securely so I took it back to the store and they sent it away to their repair centre.

Last week I got a letter from them telling me the warranty was invalid due to 'accidental damage' and the repair would cost £60 - the camera only cost £50!

I've since emailed Jessops explaining that the item has not been accidently damaged (there is no sign of scratches or anything like that, just seems to be a tiny plastic latch thats broken off) and that it should last longer than 7 months. Today they've emailed me the following:

"I am able to advise that as a retailer the entitlement under the Sale of Goods Act 1979 part 2 as amended entitles the consumer to make representation up to 6 years after purchase, however the goods are not guaranteed for that period. Once a period of 6 months from the purchase date has elapsed the consumer needs to demonstrate that the item has been faulty from the date of purchase (burden of proof) for a refund or replacement to be made."

Are they pulling a fast one or am I going to somehow prove that the item was faulty at the time of purchase?

From my POV it was clearly faulty since it has broken after light use despite being used sensibly.

Any help with my next step would be appreciated.

bobajob_1966

d4vej4m wrote: »

Hi,

Hope this is in the right place, apols if not.

At the start of the year I bought a new digital camera from Jessops. I've used it a few times since for kids birthdays, summer hol etc.. so it's had a pretty easy life.

2 weeks ago I discovered that the battery compartment would no longer close securely so I took it back to the store and they sent it away to their repair centre.

Last week I got a letter from them telling me the warranty was invalid due to 'accidental damage' and the repair would cost £60 - the camera only cost £50!

I've since emailed Jessops explaining that the item has not been accidently damaged (there is no sign of scratches or anything like that, just seems to be a tiny plastic latch thats broken off) and that it should last longer than 7 months. Today they've emailed me the following:

"I am able to advise that as a retailer the entitlement under the Sale of Goods Act 1979 part 2 as amended entitles the consumer to make representation up to 6 years after purchase, however the goods are not guaranteed for that period. Once a period of 6 months from the purchase date has elapsed the consumer needs to demonstrate that the item has been faulty from the date of purchase (burden of proof) for a refund or replacement to be made."

Are they pulling a fast one or am I going to somehow prove that the item was faulty at the time of purchase?

From my POV it was clearly faulty since it has broken after light use despite being used sensibly.

Any help with my next step would be appreciated.

They are correct - the burden is on you to prove that the item was inherently faulty.

Alias_Omega

Item purchased through eBay from a large retail seller.

Item has 12 months warranty, which its slightly playing up in that we have to unplug it & re-plug it in to get it to work. Not an issue a few months back, but now its becoming a right pain.

Want to return the item under warranty for repair.


I have contacted the seller, who has told me to contact the manufacturer for repair.

I believe that im entitled to return it to the seller, as my contract is with them.


Can i have something that i can quote, to shut them up and send me out some return paperwork.?

Alias



Edit -


Retailer replied to my saying that i can contact the manufacturer on an 0901 number at £0.50 per minute.

wealdroam

Manufacturer's warranty is in addition to your statutory rights.

The seller has a responsibility to provide a remedy if the thing is inherently faulty.

You are right... your contract is with the seller.

You can either force the seller to do their bit, or go direct to the manafacturer and get it fixed under their warranty.
Your choice.

More details are in the thread entitled...

READ ME FIRST PLEASE . . . Useful links, Resources and FAQs

royzor

Hi Hubby purchased a bike from Toys r us 8 wks ago, He has had to take it back twice as it was faulty. The first time he allowed them to repair but 2nd ti,e he asked for a refund. My question is He paid by debit card (which I beleive is classed as cash) so can he demand a cash refund instead of having it debited back to his debit card?

Below is a statement from OFT explaining consumer rights under SOGA

Methods of payment when a customer is entitled to a refund
• paid by debit card – it is our view that you can offer to make the refund to the debit card used to make the purchase. Alternative methods of refund, for example cheque or cash, can be offered and may be requested by the customer.


Is the above a legal statement or just guidelines?


Thanks in advance

wealdroam

royzor wrote: »

Hi Hubby purchased a bike from Toys r us 8 wks ago, He has had to take it back twice as it was faulty. The first time he allowed them to repair but 2nd ti,e he asked for a refund. My question is He paid by debit card (which I beleive is classed as cash) so can he demand a cash refund instead of having it debited back to his debit card?

Below is a statement from OFT explaining consumer rights under SOGA

Methods of payment when a customer is entitled to a refund
• paid by debit card – it is our view that you can offer to make the refund to the debit card used to make the purchase. Alternative methods of refund, for example cheque or cash, can be offered and may be requested by the customer.


Is the above a legal statement or just guidelines?


Thanks in advance

It is the Office of Fair Trading's interpretation of the Sale of Goods Act.

In my opinion, all they are saying is that there is nothing in the SOGA that stops the retailer offering a refund in cash or by cheque when refunding a debit card payment.

Now, that retailer may well be bound by other rules.
For example, it may be a condition imposed by their card processing company that all debit card refunds must be to the card used for the purchase.