Quick questions on Consumer Rights

wealdroam

downshifted wrote: »

Do I have any redress?

Yes. Quantify your losses and stick a claim in.

Have you read MSE's Failed Delivery article yet?

IcedKiwi

Hi,
I bought a new build house 2 and a half years ago. Recently the patio door is leaking water inside (due to a certain rain/wind direction). The builders say that as it is outside the 2 year warranty period they won't cover it.
I however believe that the door is leaking due to an inherent flaw or mis-installation that's been existing since I bought the house (although only now has it revealed itself) and therefore they supplied me with good which were not fit for purpose and therefore entitled to a repair under the Sales of Goods Act 1979. There is no accidental damage/wear and tear and as most companies supply a ~10 year guarantees on similar doors, I do not feel that the doors should be leaking after only 2 and a half years.

Does the Sales of Good Act apply in this situation before I look at taking things further?

Many thanks

Exile_geordie

Someone will be along with more knowledge than me if SOGA applies but were your house builders part of the NHBC?

IcedKiwi

Hi Exile,
Yes they are and I have a NHBC warranty. They are actually a large nationwide developer in the UK, just thought I wouldn't "name and shame".

Edit:
Wasn't currently going down the NHBC route due to the minimum claim amount of ~£1000 (I think)

Ninjabel

I bought a load of bed linen from linenslimited.co.uk. One of the pillowcases fell apart after 3 weeks. I contacted them about a replacement, but they say that, because I missed their 30 day returns window, they won't replace it. I told them about the Sale of Goods Act and that I was entitled to a replacement if I contacted them within 6 months, but everyone I speak to just stonewalls me with the 30 day policy. I was even told that the 'price reflect the quality'. They referred me to their Terms of Sale page of the website for their 30 day policy conditions, and I noticed that it also states that 'my statutory rights are not affected'.
Is it just me? Are they right?
Thanks guys

dansparky

Hi there

I bought an airbed via amazon 0n the 23/12/14. I used this item on 15/02/15 and it did not hold its inflation. This is the first time i used this product rendering it not fit for purpose. I tried to return it but the website said i only have 30 days. I have written to amazon saying under trading goods act i should be refunded. Does anybidy have any advice?

Thanks Dansparky:money:

wealdroam

dansparky wrote: »

Hi there

I bought an airbed via amazon 0n the 23/12/14. I used this item on 15/02/15 and it did not hold its inflation. This is the first time i used this product rendering it not fit for purpose. I tried to return it but the website said i only have 30 days. I have written to amazon saying under trading goods act i should be refunded. Does anybidy have any advice?

Thanks Dansparky:money:

As the goods are faulty the seller must provide a remedy.

That '30 days' is just for change of mind type of returns.

Go into your Amazon account and follow the process for returning faulty goods.

What is this trading goods act you speak of?

beng

Does an email directing you to a companys return policy count as "durable" or do they have to specifically communicate their policy?

neilmcl

beng wrote: »

Does an email directing you to a companys return policy count as "durable" or do they have to specifically communicate their policy?

No, an email "containing" their T&Cs are classed as durable or a link to a document you can download. An email containing a link to their website T&Cs is not as these can change at any time.

darrenlittlewood

Does a business to business purchase have any protection like fit for use in the same way consumers are protected.?

Can a business take another business to small claims because a computer they bought was not fit for use after only 4 months?

thanks