Quick questions on Consumer Rights

Relliott6879

I have posted a thread entitled 'Carcraft/NAC warranty' in the 'Loans' area. Should I have posted this thread in here rather than in 'Loans'? I'm new to MSE and don't really know my way around. It didn't seem to fit in 'Motoring' as the thread concerns a dodgy warranty agreement rather than a dispute over a mechanical fault.

Regards, Rich.

Valli

lwills wrote: »

Hi, I bought some rather expensive make-up at the weekend from debenhams and within a week they now have a sale on and the items are reduced. Can I take them back and get the difference refunded? The items are completely unused.

In a word (and not the word you want) no.

basically they offered for sale items at (example) £20. You saw the items and agreed to pay that price so you offered them £20. It is at this point (when you offer and they accept (ie take the money)) that the contract was formed. You offered to buy items at £20 and paid £20.
You cannot now go back and change the terms of the contract (well not withour their agreement). Highyl unlikely that they will accept the return of these items as a 'change of mind' becuase of the nautre of them.

Were the items faulty the the Sale of Goods Act would apply.

Aplos for typos I have not go my specs on!

Valli

Relliott6879 wrote: »

I have posted a thread entitled 'Carcraft/NAC warranty' in the 'Loans' area. Should I have posted this thread in here rather than in 'Loans'? I'm new to MSE and don't really know my way around. It didn't seem to fit in 'Motoring' as the thread concerns a dodgy warranty agreement rather than a dispute over a mechanical fault.

Regards, Rich.

Tell us anyway. See the sticky on how to post in this part of the forum.

kev_gray

Hi there,
Around a year ago I bought a laptop rucks ack. It was a more expensive one as it came with a lifetime warranty. now it is starting to come apart at the zip at the seams. Do I take it back to the local shop to resolve this? The warranty itself says to post it to Switzerland along with €25 for return postage, working out to around the price of the rucksack. is this warranty worth anything or is taking it to the shop my best bet? Do I have any chance of repair?

Valli

kev_gray wrote: »

Hi there,
Around a year ago I bought a laptop rucks ack. It was a more expensive one as it came with a lifetime warranty. now it is starting to come apart at the zip at the seams. Do I take it back to the local shop to resolve this? The warranty itself says to post it to Switzerland along with €25 for return postage, working out to around the price of the rucksack. is this warranty worth anything or is taking it to the shop my best bet? Do I have any chance of repair?

This is the government advice.
What I would do is go back to the shop first (because that's cheaper).
If you get no joy there (and don't hold your breath, they are likely to suggest you overloaded the bag or misused it in some other way) I suggest you give up. If, as you say, the cost of posting it etc is about the same as the cost of a new bag cut your losses and buy a new bag.


Possible scenario that springs to my mind-

If you post it out it will be some time before you get it back; the manufacturers (assuming they're still in business) can also accuse you of misuse anyway and you'll have sent good money after bad.

PaisleyBuddie

Hi all,

I have just bought some facial skincare products online from The Body Shop. I paid for them by credit card. Whilst there is nothing actually wrong with the items I'm rather disappointed at their performance and they have made no difference to my skin at all. Does anyone know if I am entitled to return them for a refund? I have checked their website and e-mailed them (no response received yet) but it's all a bit vague. Would appreciate any comments, thanks.

wealdroam

PaisleyBuddie wrote: »

Hi all,

I have just bought some facial skincare products online from The Body Shop. I paid for them by credit card. Whilst there is nothing actually wrong with the items I'm rather disappointed at their performance and they have made no difference to my skin at all. Does anyone know if I am entitled to return them for a refund? I have checked their website and e-mailed them (no response received yet) but it's all a bit vague. Would appreciate any comments, thanks.

Do they offer money back guarantee?
Something like "if the stuff doesn't work, we'll give you your money back" perhaps?

Distance Selling Regulations may help you if it is still within seven working days of the goods being delivered to you.
When did you receive the goods?
I say may help, because some sellers will try to avoid their responsibilities by suggesting goods cannot be returned for hygiene reasons.

Depending on how much you paid, you could use either a Section 75 claim or the card company's chargeback scheme.

I thought everyone knew that these skincare products don't work.

PaisleyBuddie

Thanks - I didn't pay that much for them so probably not much point in claiming back from the card company. There is no moneyback guarantee mentioned on the website, but it does say if you are not happy they would like to know about it. So I told them and have so far received no reply. It's just annoying to buy stuff that says it will do something and then it doesn't! I probably shouldn't shop online for them I suppose but getting near a store is difficult!

Princess_Fluffy

I was given a pair of earrings for my birthday from H Samuel. The first time I wore them, one of the earrings broke as I removed it from my ear. I took them back to my nearest H Samuel who said that they wouldn't accept liability as it looked like "accidental damage" i.e. the earrings had been mishandled. I wear earrings all the time and have never broken one before! Having now phoned their customer services number, I have been told that I have to take them back to the shop again and ask to have them sent away for a quality control check, to see if they were faulty or not. I'm guessing they will just come back again and say that I broke them.

My point is, surely if they broke that quickly then they are not complying with my consumer rights (i.e. they should last a reasonable length of time and be fit for purpose) and I should get a replacement.

Any advice please? Thanks.

wealdroam

Princess_Fluffy wrote: »

I was given a pair of earrings for my birthday from H Samuel. The first time I wore them, one of the earrings broke as I removed it from my ear. I took them back to my nearest H Samuel who said that they wouldn't accept liability as it looked like "accidental damage" i.e. the earrings had been mishandled. I wear earrings all the time and have never broken one before! Having now phoned their customer services number, I have been told that I have to take them back to the shop again and ask to have them sent away for a quality control check, to see if they were faulty or not. I'm guessing they will just come back again and say that I broke them.

My point is, surely if they broke that quickly then they are not complying with my consumer rights (i.e. they should last a reasonable length of time and be fit for purpose) and I should get a replacement.

Any advice please? Thanks.

Your point, that they should last a reasonable length of time and be fit for purpose, is correct.

Their point is that it looks like you have damaged it.

Under the Sale of Goods Act, if an item shows a fault within the first six months, that fault can be assumed to have been present at the point of sale. It is for the seller to prove that the fault occurred due to misuse.

It simply isn't good enough for them to say "it looked like accidental damage". They need to prove it.

Have a read of MSE's Consumer Rights article for more detail.