Quick questions on Consumer Rights

derrick

pinky2681 wrote: »

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

The 6 months is crucial, under the SoGA, up to 6 months the onus is on the retailer to determine if the fault was there at time of purchase, over 6 months the onus is on you, if a guarantee is for 12 months you can use that but you will have to conform to the conditions in it.

Tesco may provide a replacement if they have any left, or they could just refund the purchase price, (less, if they choose, an amount for the time you have had use of it).

Just go back and ask, Tesco are usually OK.


.

raveydave

Hello,

I bought a Fujifilm digital camera from amazon in SEP 2010 for £315 and haven't even filled a 16GB memory card yet. It no longer turns on and just makes a ticking noise. Amazon site says contact manufacturer - MSE main site says go to retailer not manufacturer. I think I have a reasonable claim as it hasn't lasted a reasonable amount of time. Am I right and what is the best approach to take when contacting Amazon?

Please Help!

Dave

Kirkie_3

My nan purchased a sideboard from a local shop and was advised delivery would be within 6 weeks. This time has passed and there has been no delivery. Have been advised that the shop is unable to obtain the sideboard from its supplier and are trying to source elsewhere, however, nan would like her money back, they have said she can't, they will give her a credit note. Surely she is now entitled to a refund as goods have not been received in a reasonable time.

Sorry not sure if posted in the right place!

samuela66

Hi

I bought a pair of trainers off the hut website, they have arrived and are too big, I now have to pay to return them, I thought online you had the right to return without making a payment

thanks

sam:mad:

wealdroam

samuela66 wrote: »

Hi

I bought a pair of trainers off the hut website, they have arrived and are too big, I now have to pay to return them, I thought online you had the right to return without making a payment

thanks

sam:mad:

No, that is not what the Distance Selling Regulations say.
Where did you get that idea from?

The OFT's guide to the DSRs say...

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

It also says...

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.

And outside the DSRs cancellation period, The Hut's returns policy states that you pay for returning the goods if there is no fault.

Valli

Kirkie wrote: »

My nan purchased a sideboard from a local shop and was advised delivery would be within 6 weeks. This time has passed and there has been no delivery. Have been advised that the shop is unable to obtain the sideboard from its supplier and are trying to source elsewhere, however, nan would like her money back, they have said she can't, they will give her a credit note. Surely she is now entitled to a refund as goods have not been received in a reasonable time.

Sorry not sure if posted in the right place!

If an item isn’t delivered on time

If you buy something online, over the phone or by mail order, you have the right to cancel the order and get your money back:

• when an item doesn’t arrive on the given delivery date
• where no delivery date is given and the item doesn’t arrive 30 days after placing your order

These rights only apply if you buy from a trader based in the European Union (EU). If the trader is based outside of the EU, you will need to check with the trader to see which country’s law applies.

This is from here

while it's not exactly the same I can see no reason why she should not be refunded. Contact Trading Standards and, in the meantime, do not accept a credit note.

samuela66

wealdroam wrote: »

No, that is not what the Distance Selling Regulations say.
Where did you get that idea from?

The OFT's guide to the DSRs say...
It also says...
And outside the DSRs cancellation period, The Hut's returns policy states that you pay for returning the goods if there is no fault.

I assumed because it was distance selling and you cannot actually see the item or try it on"!!!!!!!!!!!!
If I buy from debehams website (who actually have a store) they pick up free by courier if the item is no good!!!!!

wealdroam

samuela66 wrote: »

I assumed because it was distance selling and you cannot actually see the item or try it on"!!!!!!!!!!!!
If I buy from debehams website (who actually have a store) they pick up free by courier if the item is no good!!!!!

But you bought off the hut website... at least, that's what you told us earlier...

samuela66 wrote: »

I bought a pair of trainers off the hut website...

You seem rather upset with my answer.
Something wrong?
What's with all the exclamation marks?

samuela66

wealdroam wrote: »

But you bought off the hut website... at least, that's what you told us earlier...



You seem rather upset with my answer.
Something wrong?
What's with all the exclamation marks?

yes stupidly I thought The hut, would be like debehams, play etc..... pardon me for posing a stupid question

Valli

samuela66 wrote: »

yes stupidly I thought The hut, would be like debehams, play etc..... pardon me for posing a stupid question

Different retailers offer different terms and conditions for goods they will take back over and above the protection offered to customers by SoGA and the DSRs; when shopping, online or in store customers would be well advised to ascertain each individual store's T&Cs at the time, and not assume that what one store does another store will also do.

Time and time again posters come on here complaining they've bought something in store, changed their mind about it but the store won't refund. They assume, because, say, Marks and Spencer will allow a customer to return unwanted goods to the store the little independant retailer down the road will too.