Quick questions on Consumer Rights

shaun_from_Africa

Zandoni wrote: »

The thing that a lot of people don't get on here is that the legal position is not always necessary.

Not always necessary but in this case I think the legal posion is very important.
Why?, well for a start the OP asked a very specific question about about how fitness for purpose is affected by where and how goods are used and they were under the impression that the law doesn't or shouldn't differentiate between consumer and business use.
Quoting the legal position is really the best way to explain that this assumption is incorrect.

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?

You advised the OP to go back to a store and get an exchange "without mentioning the business use of course" so surely it makes sense to explain the legal position first so that they understand that they are not legally entitled to a refund or replacement. After all, what is the title of this forum?

VeeSa

squeaky wrote: »

Hi,

If you have a query that you think will only need a quick yes or no answer then feel free to ask it here.

Otherwise you are very welcome to start a new thread.

Whatever you decide... good luck

Hi Everyone,
I bought a charity shop couch and had to return it since it didn't fit up the stairs. The couch was returned to the shop the same day but we were told we can't get a refund until the couch has been re-sold. This was in November 2015, we went the shop today and it is tucked away at the back, barely visible! They are in possession of the couch and my money. They state it's their policy, as a charity shop. In summary, do I really have to wait for them to resell before I can get my money back?
Thanks for any advice you can provide.

wealdroam

VeeSa wrote: »

Hi Everyone,
I bought a charity shop couch and had to return it since it didn't fit up the stairs. The couch was returned to the shop the same day but we were told we can't get a refund until the couch has been re-sold. This was in November 2015, we went the shop today and it is tucked away at the back, barely visible! They are in possession of the couch and my money. They state it's their policy, as a charity shop. In summary, do I really have to wait for them to resell before I can get my money back?
Thanks for any advice you can provide.

By offering you a refund they may well be offering more than they legally need to.

All sales in a store should be considered final unless advised otherwise at the time of sale. At the time of sale, were you told "if it doesn't fit then bring it back for a refund", or something like that?
If not, then the seller is offering a refund out of goodwill and can specify the conditions that you mention.

Just to add that it makes no difference legally whether the seller is a charity shop or any other business.

tomtontom

VeeSa wrote: »

Hi Everyone,
I bought a charity shop couch and had to return it since it didn't fit up the stairs. The couch was returned to the shop the same day but we were told we can't get a refund until the couch has been re-sold. This was in November 2015, we went the shop today and it is tucked away at the back, barely visible! They are in possession of the couch and my money. They state it's their policy, as a charity shop. In summary, do I really have to wait for them to resell before I can get my money back?
Thanks for any advice you can provide.

Unless they guaranteed it would fit up the stairs, or offer a refund as shop policy, you have no right to a refund at all. It sounds like they are trying to help you out.

Perhaps you could offer to take photos of it and publicise on Facebook or a local selling group?

Mikadika

Hi, I bought a mattress from Sainsburys online. It's just over a year old. It is a Silentnight mattress with a 5 year guarantee. The memory foam part of the mattress has shifted and is leaning over one side of the mattress. Sainsburys said I had to contact Silentnight direct as I've had it over a year. I contacted Silentnight and completed their questionnaire. They have agreed to replace the mattress but I have to pay a £40 admin charge, and £25 for them to take the faulty mattress away. This doesn't seem fair when the mattress is faulty, and nowhere on their site where it mentions the 5 year guarantee does it state there will be these additional costs. Do you know if they can do this or what my rights are

wealdroam

Mikadika wrote: »

Hi, I bought a mattress from Sainsburys online. It's just over a year old. It is a Silentnight mattress with a 5 year guarantee. The memory foam part of the mattress has shifted and is leaning over one side of the mattress. Sainsburys said I had to contact Silentnight direct as I've had it over a year. I contacted Silentnight and completed their questionnaire. They have agreed to replace the mattress but I have to pay a £40 admin charge, and £25 for them to take the faulty mattress away. This doesn't seem fair when the mattress is faulty, and nowhere on their site where it mentions the 5 year guarantee does it state there will be these additional costs. Do you know if they can do this or what my rights are

Your rights are as stated in the Silentnight guarantee.

There is a Silentnight guarantee document on their website which says (amongst other things):

During the second year, replacements will be free of charge but will attract a contribution to the transport costs.

You are right that there is no mention of an admin charge - but maybe the £40 you mention is the 'contribution to the transport costs' and the £25 is optional (avoided if you dispose of the old mattress yourself).

I have no idea whether the terms on their website are those you agreed to at the time of the sale though.

Your alternative is to seek a remedy from Sainsburys, but that may be hard work. You would probably need to prove that the problem is due to faulty goods and not misuse, and having done that the seller could reduce any refund to take account of the use you have had.

bellypan42

Pleased to say shop were great (Ernest Jones). They said it was a manufacturing fault and gave me a refund!

bellypan42

robatwork wrote: »

OK over 6 months old hence the onus is not on the retailer to prove it wasn't faulty on supply.

£90 is frankly peanuts for a gemstone ring - is it even a real gem?

I think all you can do is appeal to their goodwill - I would write a letter to them stating the facts and asking for their comments and advice.

I don't believe you would win a legal case if you took it that far.

Pleased to say shop were great (Ernest Jones). They said it was a manufacturing fault and gave me a refund!

bellypan42

marliepanda wrote: »

You've got no chance.

It's over a year old, and clearly did stay in place the first 19 times you wore it.

Something happened to it to make it break and the stone to fall out. It didn't happen all by itself, it lasted 19 wears over the year.

Pleased to say shop were great (Ernest Jones). They said it was a manufacturing fault and gave me a refund!

EugeneB

Hi on 2 October 2015 I bought a smartphone with my Credit Card which recently I found to be faulty.

On 2 December I tried contacting the retailer but got to reply.

So on 22 December I sent my Section 75 complaint to my credit card company.

I got the reply from bank today and they are asking for an independent report - but I thought that if the purchase been made withing 6 month then the retailer/bank have to prove it, not me?

Do I have to provide then with a report or can I just reply "no, you do it" to them?

Thanks