Quick questions on Consumer Rights

wealdroam

helen29 wrote: »

I ordered a cooker on 23.10.15 and was given an original delivery date of 2.11.15, this was then cancelled as apparently the stock came in damaged. I was then given another delivery date for 13.11.15 in which argos cancelled again saying that the driver was over his driving hours and was not able to deliver my order. I was then given another date for 15.11.15 in which yet again argos cancelled saying that they had a technical problem and no deliveries would be delivered. I was given another date and yet again they cancelled. I am so frustrated with the situation. I have asked for a refund on 20.11.15 and was told this would take 3 working days, then 5 days, then 7 days. It has now been 11 days in total and 7 working days with no refund of £249.99. What are my rights?
Thank You.

Have a read of MSE's Failed Delivery article.

Their Consumer Rights guide may help too.

Owen67

New Question:

Went to Carphone Warehouse for upgrade 3 months ago. I paid early upgrade fee and received new handset. I have just found out they never processed my upgrade with my provider and CW have since blocked my handset.

My Provider is still saying I am due my upgrade. So my question is, as Carphone a warehouse never processed my contract properly (and 3 months have passed) does this make it invalid?

unholyangel

Owen67 wrote: »

New Question:

Went to Carphone Warehouse for upgrade 3 months ago. I paid early upgrade fee and received new handset. I have just found out they never processed my upgrade with my provider and CW have since blocked my handset.

My Provider is still saying I am due my upgrade. So my question is, as Carphone a warehouse never processed my contract properly (and 3 months have passed) does this make it invalid?

A legally binding contract doesn't require that paperwork with a third party be filled out and completed. Basically they are in breach of contract, but there is a contract.

You're entitled to be put in the same position you would have been, have they performed the contract correctly.

Owen67

My provider was never notified of upgrade so I have continued on my old contract with them.

I've basically paid my early upgrade fee and received a new handset (which has now been blocked). My new tariff was never started.

wealdroam

Owen67 wrote: »

My provider was never notified of upgrade so I have continued on my old contract with them.

I've basically paid my early upgrade fee and received a new handset (which has now been blocked). My new tariff was never started.

Nothing in your original post mentioned a new tariff.

A typical 'early upgrade' is just a change of handset - not a new contract.

You need to find out exactly why your new handset 'has now been blocked'.

emmaljonesbz

I bought a kettle to use in the staffroom at work which has stopped working within a fortnight of purchasing it. My receipt has been sent to head office as I've claimed the money back via petty cash. I contacted argos to ask how I could get a refund as it's faulty saying I had my credit card statement as proof of purchase. They've said I can't have a refund as it's been used for business purposes and it's in their terms and conditions. At no point have I been told this or been directed to any terms and conditions to read stating this while in store buying it. Have bought faulty goods for work before and never had a problem exchanging or refunding them. If somethings not fit for purpose surely it's not fit for purpose and it doesn't matter if it's been used in my own kitchen or a staffroom. Any advice on how to approach this?

shaun_from_Africa

emmaljonesbz wrote: »

If somethings not fit for purpose surely it's not fit for purpose and it doesn't matter if it's been used in my own kitchen or a staffroom. Any advice on how to approach this?

It matters a great deal.
Something that is bought for and used solely in a house probably wouldn't get anywhere near as much use as one used in a work environment getting used by many people. This is why you can buy consumer designed products and ones made for commercial use which will be harder wearing (and more expensive).

As Argos are now aware that the kettle was purchased for business use they are unlikely to help further due to there being very limited coverage under the Sale of goods act for business to business sales.

emmaljonesbz

shaun_from_Africa wrote: »

It matters a great deal.
Something that is bought for and used solely in a house probably wouldn't get anywhere near as much use as one used in a work environment getting used by many people. This is why you can buy consumer designed products and ones made for commercial use which will be harder wearing (and more expensive).

As Argos are now aware that the kettle was purchased for business use they are unlikely to help further due to there being very limited coverage under the Sale of goods act for business to business sales.

I can understand it would get used more in a staffroom but surely it shouldn't stop working within a fortnight. If it packed up after a year then maybe but to not even last a fortnight when it's used to make a few cups of tea a day. It's been used for 12 days and it's no longer boiling unless you hold down the kettle so that it connects to the Base unit. Even if argos have it in their terms and conditions surely they need to make the purchaser aware of those terms and conditions prior to purchase. Not once did anyone from argos tell me it can't be used in a staffroom or direct me to read any terms and conditions stating so prior to purchase. Like I said if it packed up after a year or so it'd be understandable but not within a fortnight.

LilElvis

emmaljonesbz wrote: »

Even if argos have it in their terms and conditions surely they need to make the purchaser aware of those terms and conditions prior to purchase. Not once did anyone from argos tell me it can't be used in a staffroom or direct me to read any terms and conditions stating so prior to purchase.

When you have purchased items which might be more obviously used in a business environment, such as computers or printers, have you ever been asked if they are for personal or business use? I know I never have.

A business consumer is expected to understand their obligations when entering into a contract, both as a seller and as a buyer.

You have been reimbursed by your employer, so you are not out of pocket, so simply ask them to provide you and the other members of staff with another kettle.

emmaljonesbz

LilElvis wrote: »

When you have purchased items which might be more obviously used in a business environment, such as computers or printers, have you ever been asked if they are for personal or business use? I know I never have.

A business consumer is expected to understand their obligations when entering into a contract, both as a seller and as a buyer.

You have been reimbursed by your employer, so you are not out of pocket, so simply ask them to provide you and the other members of staff with another kettle.

I know I'm not out of pocket but I need to get a replacement for the faulty kettle, I can't just buy another one and have to do a paid out again. I either need a exchange or a refund so I can get another one. I bought it expecting it to be fit for purpose not to break after a fortnight. Over time I understand it would gave got used more often than one at home. My point is its broken after less than 2 weeks when it's hardly been used so can't be found to wear and tear. A kettle shouldn't pack up after that time if it's being used a couple of times a day.