Quick questions on Consumer Rights

Princess_Fluffy

wealdroam wrote: »

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.

Thanks for the reply. I guess on reflection, it is fair enough that they are able to check that I haven't mishandled them. You would think they the earrings should be strong enough to handle a certain amount of manhandling when putting them in and getting them out though - I'm sure a lot of people are a lot rougher with them than me! Ah well, I will see what their "quality control" comes up with, but I can see me having to fork out for a repair bill if I want to wear them again.

PaisleyBuddie

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.

Just found the answer to my own question from my local council website - under the Distance Selling Regulations I AM entitled to return them, even if I have already tried them. So that is exactly what I will be doing! Still not received a reply from the Body Shop, despite them saying they will get back to me within 72 hrs. Disappointing and don't think I will be buying there again.

Thanks to Renfrewshire Council - excellent consumer advice as usual!:T

Valli

Well done Paisley Buddie - the same information about DSRs is also available as a sticky at the top of this board but Wealdroam had given you this in his post - the blue text is a link

Consumer Direct is also worth bookmarking BTW

derrick

Princess_Fluffy wrote: »

Thanks for the reply. I guess on reflection, it is fair enough that they are able to check that I haven't mishandled them. You would think they the earrings should be strong enough to handle a certain amount of manhandling when putting them in and getting them out though - I'm sure a lot of people are a lot rougher with them than me! Ah well, I will see what their "quality control" comes up with, but I can see me having to fork out for a repair bill if I want to wear them again.

Actually you have no rights at all as you say:- "I was given a pair of earrings for my birthday", and, "they are not complying with my consumer rights", it is the purchaser who has the rights unless you have the receipt stating they are a gift, (although the receipt would do on it's own assuming the earrings have not been bought on a card in another name, if so all rights are with the purchaser).

.

wealdroam

PaisleyBuddie wrote: »

Just found the answer to my own question from my local council website - under the Distance Selling Regulations I AM entitled to return them, even if I have already tried them.

Isn't that what I said earlier?

Again as I said earlier, you may well have trouble as you have used the skin care product.

IMHO, that goes beyond examining the goods.

Please do let us know how you get on.

PaisleyBuddie

I read the distance selling regulations, but they did not talk about what happened if you had already tried the goods hence I was not sure if I would still be able to return them. Obviously if you are in a shop you have the opportunity to try the goods before you buy, therefore you can't return them.

The Renfrewshire Council website is the first place I found that actually said under the Distance Selling Regulations I was entitled to a refund even if I had already tried them. I can't post the link here but this is what it says:

"Even if you have opened the packaging or tried out the goods (apart from CD's, DVD's and computer games), you still have the right to cancel for the seven day cooling-off period as long as you have taken reasonable care of the goods."

So armed with that I e-mailed the Body Shop again telling them I now knew what my rights were and I was returning the goods. That promoted a reply saying that they had a "no quibble 28 day returns policy", so I will have no trouble returning them. Oddly enough I could not find any mention of this 28 days policy on their website when I looked before....

So, hopefully that should resolve the situation.

RoxRoxBling

I am writing a complaint to an online company that provides credit/loan.

I have looked at there online complaints procedures, however, they only give information to complain through phone/e-mail. I do not think this is the ideal way for me to compain, as I wish to write a letter.

The company have many addresses. Is the letter I write the complaint to the Small Print address, the address that is the registered office?

TIA

Lesley_Kenton

My son has Game gift cards that he recieved at Christmas, he went to spend them today and the store would not accept them. Surely if they are still trading they are legally obliged to accept them?

wealdroam

Lesley_Kenton wrote: »

My son has Game gift cards that he recieved at Christmas, he went to spend them today and the store would not accept them. Surely if they are still trading they are legally obliged to accept them?

No.

Have a read of MSE's news article on this.
However, that was written a couple of days ago.
More up to date info can be seen in this post on another thread.

Why didn't he spend them a week or so ago?
The fact that Game were in trouble was no secret.
Here's an earlier news article.

Search the forum for more threads on this topic.

pinky2681

i bought a toaster in tesco sale for less than £5 but it should of been more, today it has packed up (about 6 months later), i have recipt etc but would they swap it for me or would i be left with a couple of pounds? ideally i want a toaster so will push for replacement if i can, thank u