Quick questions on Consumer Rights

wealdroam

candyfloss<3 wrote: »

Quick yes or no question about returning bras.

I've bought a bra on the 1 January, worn twice and hand washed it. I wash each bra separately to make sure nothing gets caught on the fabrics and I wash them gently. When I was hanging up the bra I noticed how the stitching has come undone and the side of the strap is starting to fray.

Can this be considered a faulty product and returned for an exchange? I wouldn't even think of returning it if it was a bra I've worn for a year or more, but it has only been worn twice.

Thanks!

The quick yes or no answer... yes.

You may need proof of purchase, e.g. a receipt.

derrick

cheesepuffdeathsquad wrote: »

hopefully this is a simple enough query. i bought some jvc headphones from asda in september, via their asda direct service with pick up in store. they stopped working a couple of days ago.

i went in store with proof of purchase and was informed by customer services that i could not return them as it was over 28 days. i believe that it is reasonable to expect them to last for more than one month (or the four that it has been since i purchased them).

do i have any rights here with asda or am i best pursuing the issue with jvc? the headphones were only £20 but i feel slightly miffed at having to purchase another pair.

thanks for any assistance.

You have rights under SoGA, ASDA cannot take those rights away via their company T&C's.

The headphones are less than 6 months old, so it is up to ASDA to prove there was not a fault with them at purchase, so take them back again and inform them of their obligations under the law, not their T&C's. Or you might have better luck calling their customer services on 0500 100055.

See SoGA Part 5A 48A:-
"(1)This section applies if—


(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and


(b)the goods do not conform to the contract of sale at the time of delivery.


(2)If this section applies, the buyer has the right—
(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b)under and in accordance with section 48C below—
(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii)to rescind the contract with regard to the goods in question.


(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date."


Read also 48B of the same section.


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derrick

fkampofo wrote: »

Hello,

I need some help please. I bought a 12v motorbike on 22nd November as Christmas present for my kids from an online company called Nitroblaze. However, this was out of stock so I asked for a refund. We are now in mid January and I still haven't received my money. I am now £111.80 out of pocket and the company no longer replies to my emails and does not even bother to answer the phone.

Could anyone tell me what my rights are and what I could do to retrieve my money?

Thanks

If you paid by CC, issue a S75 claim against the card issuer.

If you paid by debit VISA or MASTERCARD card, then go for a chargeback via your card issuer.


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cheesepuffdeathsquad

derrick wrote: »

You have rights under SoGA, ASDA cannot take those rights away via their company T&C's.

The headphones are less than 6 months old, so it is up to ASDA to prove there was not a fault with them at purchase, so take them back again and inform them of their obligations under the law, not their T&C's. Or you might have better luck calling their customer services on 0500 100055.

See SOGA Part 5A 48A:-
"(1)This section applies if—


(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and


(b)the goods do not conform to the contract of sale at the time of delivery.


(2)If this section applies, the buyer has the right—
(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b)under and in accordance with section 48C below—
(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii)to rescind the contract with regard to the goods in question.


(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date."


Read also 48B of the same section.

The customer service phone number was no good either, repeating the 28 day policy and having little consideration for the SOGA.

I have taken the complaints address off them but hold out little hope.

derrick

cheesepuffdeathsquad wrote: »

The customer service phone number was no good either, repeating the 28 day policy and having little consideration for the SOGA.

I have taken the complaints address off them but hold out little hope.

Report them to your local trading standards as they are denying you your statutory rights, I doubt TS will take legal action, but by denying you your statutory rights they are committing a criminal offence and TS should remind them of this and their statutory obligations to you as a consumer.

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zurpher

I have bought a backpack online and one of the zips is faulty. Do I have to pay for returning the faulty item to their online store?

Their T&C:

Returns policy
The Website operates a fair policy of accepting returns provided the goods and their packaging are received back by us within 7 days in accordance with the following guidelines:-

1. Please advise us by email to [EMAIL="xxx&#64;xxx.com"]xxx@xxx.com[/EMAIL] within 7 days of delivery that you wish to make a return and quote your order number.
2. We will send you details of your returns number and the correct address to use.
3. Ensure the packaging and goods are returned to us in "as new" condition. Damaged or used goods cannot be refunded.
4. When the goods are received your credit card will be credited with the cost of the item returned, minus the outward postage.
5. Should you choose to exchange your item, you will not be reimbursed for the original shipping costs. You will also be charged shipping for the replacement item.
6. Goods described as available by special order only may not be returnable or subject to a restocking fee.

derrick

zurpher wrote: »

I have bought a backpack online and one of the zips is faulty. Do I have to pay for returning the faulty item to their online store?

Their T&C:

No, their T&C's do not over ride the law, i.e. SoGA and DSR,

Both of which state that faulty goods postage will be paid by the retailer.

With regards to goods bought online, they cannot charge outward postage if you return via DSR, although they can charge return postage IF they informed you in a durable means prior to dispatch of goods.

SoGA, read Part 5A 48A,B,C.

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]
"From page 27; - Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56 If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances."


I would also send a copy of their T&C's to trading standards as they are blatantly denying consumers their statutory rights.


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wealdroam

zurpher wrote: »

I have bought a backpack online and one of the zips is faulty. Do I have to pay for returning the faulty item to their online store?

Their T&C:

That returns policy is if you change your mind.

How long ago did you buy the thing?
If it was very recently that you bought it, and the goods are faulty, the thing can be rejected under the Sale of Goods Act for a full refund. They must also refund any costs involved in you returning the item.

More information can be found in MSE's Consumer Rights article.

derrick

wealdroam wrote: »

That returns policy is if you change your mind.

Seems to me to be a watered down take of the DSR. "within 7 days"! DSR give 7 WORKING days to notify them if you just don't want the goods,(as you know;)), and do not allow any monies to be held/charged for faulty items, and unless we know for certain it is their "policy" you are only guessing. DSR outweigh their T&C's.


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Pokka

I bought a rug that was listed as 60cmx110cm from a marketplace seller on Amazon.

When I received the rug it would not fit in the space I needed it for, so I measured it to find it was 112cm long. I contacted the seller telling them what had happened and asked how to send back. They replied saying that i will need to bear costs of return (item weighs 2.5kg) and upon receiving it they will refund the price paid for the product only.

They also wrote:
"Unfortunately we cannot book a collection for this rug as there is no reasonable fault with the rug. There can always be a variance of 2-3% in sizes, weights and other particulars fr any product description as no details can be 100% accurate for all products all the time."

Had that bit of information about item variance have been mentioned in the listing i would not have bought the item, and would have saved myself from wasting my time and bought another that was in fact the correct size...

I thought this was unfair and looked into it on the consumeractiongroup site and direct.gov.uk.

Am I right in thinking that as the item was not as described the costs of return postage should be paid by the seller in this case under distance selling regulations?

Thank you.