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Quick questions on Consumer Rights

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  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Technically you do not lose your right to cancel because of "hygiene" as DSRs do not link the consumers right of cancellation to the retailers ability to resell.

    However, they can state what they think is "reasonable care" (as you're under a duty to take reasonable care of them) but the limitations they state should not restrict your ability to assess the product.

    DSRs do refer to "goods which, by their nature cannot be returned" but OFT have stated that this references goods where returning them in the same state to the retailer is a physical impossibility (such as tights that you've tried on, because once worn - even just trying them on - they will become distorted).

    Personally Id write/email them just stating you wish to cancel under the DSRs for a full refund - including delivery charge (unless it wasnt standard delivery).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • telsco
    telsco Posts: 117 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 3 January 2013 at 12:23PM
    Hi,
    I bought a printer online and it was advertised as being bundled with some paper and a 3 year warranty. The invoice also states it is a 3 year warranty but there was an item for a 2 year Carepack (I didn't receive a physical Carepack, it automatically gets registered at the company).
    A couple of days later all the printers on their website were advertised as having 2 year warranties - but with no change to the prices!
    It seemed very odd, so I emailed the company to check the end date of my warranty. They only have it lasting 2 years.
    They say they made a typo and are refusing to accept that I should have 3 years because their Carepacks only last 2 years!
    The person I've been emailing also seems reluctant to forward my complaint to her manager.
    What can I do? Threaten them with Trading Standards for something that's invisible?


    *** This has been sorted. They gave me a 3 year Carepack.
  • wealdroam wrote: »
    Hollie Rose, give us a clue... which post are you responding to? ;)

    Swattie 28-11-2012, 12:09 PM
    MoneySaving Stalwart




    Join Date: Jul 2004
    Location: MK
    Posts: 699
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    Hi,
    I bought my DD an Apple Ipod Nano (Apple on-line store) about 11 months ago and it has just developed a technical problem.
    Apple have agreed to replace it foc with a new one as it is still in the 12 month warranty period (which I appreciate). They have also said that the warranty will expire in a month (12 months after my original purchase) and advised my to buy a 12 month extension for £28 ish.
    I would just like to know if the replacement ipod should come with its own 12 month warranty from the date of delivery, as it is a new item? If not I will probably pay for an extension.
    Thank you
  • Valli
    Valli Posts: 25,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Hi,
    I bought my DD an Apple Ipod Nano (Apple on-line store) about 11 months ago and it has just developed a technical problem.
    Apple have agreed to replace it foc with a new one as it is still in the 12 month warranty period (which I appreciate). They have also said that the warranty will expire in a month (12 months after my original purchase) and advised my to buy a 12 month extension for £28 ish.
    I would just like to know if the replacement ipod should come with its own 12 month warranty from the date of delivery, as it is a new item? If not I will probably pay for an extension.
    Thank you


    They have told you that they will replace the Nano FoC but that it won't have a 'new' 12 month warranty. They can set the T&Cs, as they have done. Though I take your point - one would expect a new item to have a 12 month warranty but in their eyes it's not a new item but a replacement IYSWIM. Had they repaired instead you would still have had only 1 month left on the warranty to run.
    I suggest you buy the 12 month extension warranty for £28(ish) and then the 'new' Nano will have 13 month warranty.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • Just a quick question. I'm wondering about 0% loans that are offered at the time of purchase, but through a different company - ie Creation Finance. Are they covered under sectio 75 of the Consumer Credit Act? or is it only Credit Cards?

    Thank you
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    Just a quick question. I'm wondering about 0% loans that are offered at the time of purchase, but through a different company - ie Creation Finance. Are they covered under sectio 75 of the Consumer Credit Act? or is it only Credit Cards?

    Thank you

    If it is a separate business and it is a pre-standing arrangement between the credit company and the supplier then it is likely that Section 75 would apply.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Just a quick question. I'm wondering about 0% loans that are offered at the time of purchase, but through a different company - ie Creation Finance. Are they covered under sectio 75 of the Consumer Credit Act? or is it only Credit Cards?

    Thank you
    As Optimist says, it's not just credit cards.

    You might like to read MSE's Section 75 Refunds article.
  • Yes it's a different business, thank you Optimist :)
    Optimist wrote: »
    If it is a separate business and it is a pre-standing arrangement between the credit company and the supplier then it is likely that Section 75 would apply.
  • Thanks for that Wealdrome, I've just had a look through that article and it does say that other credit is also covered. Fingers crossed it is and I can get this awful mess with Dell sorted out.
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 8 January 2013 at 1:46PM
    Hi guys, has anyone ever returned anything via courier coming to collect with Tesco? Do I have to write an address on the packaging? The tesco customer services lady didnt mention anything, just said package it well but the courier will have loads of packages in his/her van so must need something on it to know where it's going? Confused. Thanks for any help.

    Edit : Didnt get any return labels with delivery so nothing I can stick on the package.

    Edit : Just phoned them and no address required.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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