Quick questions on Consumer Rights

chris667

unholyangel wrote: »

Then there was never a contract for the goods. You can legally withdraw an offer before it is accepted at any point. If they don't have a system that flags cancelled orders, thats entirely within their control.

Of course, they have your money. So I would speak to them, and if they won't budge then you may need to make a choice on whether a few quid is worth making a stand and spending more time/effort on.

Thank you. This is really good stuff. You saved me a load of time. I'm going to claw it back. It's not an unreasonable amount of money.

Nickolai

Ordered a watch online from TK Maxx, paid for next day delivery (last order on standard delivery took forever) . Watch turned up and just wasn't working.

Took it back in store where they refunded the cost of the watch. Should I have been able to have been refunded some or all of the delivery cost?


It's not like I ordered the wrong size or just didn't like it, they had supplied something which wasn't fit for purpose.

unholyangel

Nickolai wrote: »

Ordered a watch online from TK Maxx, paid for next day delivery (last order on standard delivery took forever) . Watch turned up and just wasn't working.

Took it back in store where they refunded the cost of the watch. Should I have been able to have been refunded some or all of the delivery cost?


It's not like I ordered the wrong size or just didn't like it, they had supplied something which wasn't fit for purpose.

Sounds like they had a misunderstanding - either that this was not a change of mind return or that the law dictates goods that don't conform, not policy (and policy can never be used to lessen or remove your rights).

And yes, for goods that don't conform you would have the right to a full refund of any monies paid. Email them and ask them to return the postage charge also.

dekat

Hello,


I went to replace my iphone 5s battery at iSmash shop and they replaced with a defective, sub-standard battery for £29.99. There is no difference from the one I had. 12 months warranty provided but based on reviews I don't want them to touch my phone ever again because they have a tendency to ruin things. Can I use Chargeback to get my money back?

JJ_Egan

You must give them the chance to replace or refund first .

Amberpunter

My partner's daughter booked a hotel room one evening (for that night) but immediately noticed that she had booked the wrong Bell Hotel, rather than the Bell in Sandwich which she intended. She called Expedia within a few minutes who said they would contact the hotel and call her back. They never did.

A couple of days later she noticed the card payment had been taken and after complaining they have eventually responded that the hotel are refusing a refund.

As this was clearly a mistake and was booked on-line (isn't there a cooling down period applicable?) this seems an unreasonable position for both Expedia and the hotel to take, especially as they were notified within minutes of the erroneous booking. At the moment the only recourse seems to be to contact the hotel and "threaten" poor reviews on TripAdvisor etc, although that might be a little churlish. Any other ideas of where she stands?

dvs

I would like to know which consumer laws apply regarding repairs of a device purchased before October 2015 but where the repairs were carried out after October 2015?

Further info: My computer has had several issues and repairs over the years. I'm aware that the Sale of Goods Act 1979 would cover any claim made in relation to the device being fit for purpose, suitable quality and as described, but it's not clear which consumer laws cover the repairs if the repair was carried out after the Consumer Rights Act was in force? The complaint I am making relate to a repair carried out after October 2015 which fixed the manufacturing fault but caused several other issues. It is not clear whether the Supply of Goods and Services Act 1982 applies because the item was purchased before October 2015, or whether the Consumer Rights Act 2015 applies because the repair took place when this act was in force? All the articles I have read refer to paying for services as being relevant but I did not pay for the repair carried out post October 2015 (this may not make a difference).

Fosterdog

dvs wrote: »

I would like to know which consumer laws apply regarding repairs of a device purchased before October 2015 but where the repairs were carried out after October 2015?

Further info: My computer has had several issues and repairs over the years. I'm aware that the Sale of Goods Act 1979 would cover any claim made in relation to the device being fit for purpose, suitable quality and as described, but it's not clear which consumer laws cover the repairs if the repair was carried out after the Consumer Rights Act was in force? The complaint I am making relate to a repair carried out after October 2015 which fixed the manufacturing fault but caused several other issues. It is not clear whether the Supply of Goods and Services Act 1982 applies because the item was purchased before October 2015, or whether the Consumer Rights Act 2015 applies because the repair took place when this act was in force? All the articles I have read refer to paying for services as being relevant but I did not pay for the repair carried out post October 2015 (this may not make a difference).

The repair date (as you did not pay for the repair) is irrelevant so you are not covered under CRA 2015 and have to rely on SoGA 1979

unholyangel

dvs wrote: »

I would like to know which consumer laws apply regarding repairs of a device purchased before October 2015 but where the repairs were carried out after October 2015?

Further info: My computer has had several issues and repairs over the years. I'm aware that the Sale of Goods Act 1979 would cover any claim made in relation to the device being fit for purpose, suitable quality and as described, but it's not clear which consumer laws cover the repairs if the repair was carried out after the Consumer Rights Act was in force? The complaint I am making relate to a repair carried out after October 2015 which fixed the manufacturing fault but caused several other issues. It is not clear whether the Supply of Goods and Services Act 1982 applies because the item was purchased before October 2015, or whether the Consumer Rights Act 2015 applies because the repair took place when this act was in force? All the articles I have read refer to paying for services as being relevant but I did not pay for the repair carried out post October 2015 (this may not make a difference).

If its a paid repair then the CRA. If it was a repair carried out under the existing contract (ie under warranty or by the retailer as goods didnt conform) then SoGA.

You would only have rights under supply of goods and services act if you entered into a contract for services before oct 2015 and the repair was carried out under the obligations of that contract.

Amberpunter

Amberpunter wrote: »

My partner's daughter booked a hotel room one evening (for that night) but immediately noticed that she had booked the wrong Bell Hotel, rather than the Bell in Sandwich which she intended. She called Expedia within a few minutes who said they would contact the hotel and call her back. They never did.

A couple of days later she noticed the card payment had been taken and after complaining they have eventually responded that the hotel are refusing a refund.

As this was clearly a mistake and was booked on-line (isn't there a cooling down period applicable?) this seems an unreasonable position for both Expedia and the hotel to take, especially as they were notified within minutes of the erroneous booking. At the moment the only recourse seems to be to contact the hotel and "threaten" poor reviews on TripAdvisor etc, although that might be a little churlish. Any other ideas of where she stands?

Is there another forum that I should raise this question on?