Quick questions on Consumer Rights

sparkyrob

Sure thing - it was Skechers Bristol

derrick

nurse1972 wrote: »

Are you covered by Consumer Credit Act,Sale of Goods Act & The Consumer Contracts Regulations if you purchase made to order sofas with a credit agreement.I purchased a set,tried to cancel within 6 days & have been advised I cannot cancel them & am not entitled to a 14 day cancellation period.
Kind regards

Where did you make the purchase? Online, phone or in store.

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Dan1lol1

EDIT: This issue is now resolved as the company has offered reimbursement through offering a complimentary product worth more than postage which I have accepted.

[STRIKE]Hi everyone! I have a query which hopefully someone can help with...

I recently bought an item at a stall at a festival. The company offered to make an alteration to the product and so were to deliver it to my address. When the item was delivered the alteration had not been made as agreed. I informed the company and they offered to rectify the problem. They offered to send a courier to pick up the item or I could post the item and they would refund the delivery. As it was not convenient for me to wait in for the courier I posted the item.

After returning the faulty item to the company to rectify the issue it has since been returned to me with the fault corrected. However, I am now being stonewalled by the company who are ignoring my emails and I have been left out of pocket with the delivery fee for returning the faulty item.

What are my consumer rights here?

I've had a quick read of guides on Which? and have looked at the distance selling regulations but I don't know what applies as I bought the item in person not online.

Really grateful for any help [/STRIKE]

Valli

They agreed to refund the postage, they haven't. Were I in your situation I would send a Letter Before Action, requesting the refund of postage as promised, and pointing out that, should they fail to refund I would escalate to small claims where the amount claimed will increase to include the cost of bringing the action plus any related costs incurred by me.

In the meantime retain copies of all communication, should it actually get to court this will form your evidence. If you have proof of posting save that, too.

majik48

Bought a pair of sandals, leather; one footbed has layer of suede coming away from sole, the other doesn't and is fine. Shop have offered me a credit note and loyalty voucher but I'd rather have a refund as I think sandals are faulty. They say not. What is my best next move please?

Dan1lol1

Hi Valli,

Thanks. I did indeed keep receipts of the proof of posting and saved any communication. I was hoping I wouldn't have to escalate to small claims given the sum of money.

Thankfully, in a turn of events, the company has actually got in touch today and offered me another product as reimbursement (worth more than the postage) which I have accepted.

I will edit my original post now stating the issue is resolve!

jarratt4

Hi everyone, i wonder if anyone can help clear this up.

The backstory
The wife and i bought some framed prints when down in cornwall from whistlefish gallery.
When we got back home (in yorkshire) we went to put them up and after taking off the cellophane wrap there was a small crush-like damaged area to the frame - which was not obviously visible and so as we took off the sellophane the damaged paint area came away in the wrap. These were all well wrapped up for transport and so i can confidently say it was not damaged in transport.
My wife contacted the gallery who said they didn't think there's much they can do but we should email them about the problem and send some pictures and they would email us back.

My wife:
Hi, I spoke to you earlier today regarding a picture that we purchased recently from your store in Padstow.
Here are the images of the damage you requested:

Whistlefish gallery:
Good morning,
Thank you for your email and attached photographs.
We at the Whistlefish are sorry to hear that the picture recently purchased in store is damaged.
All our pictures are wrapped in clear cellophane; this allows for inspection of goods when making a purchase.
Our instore retunes policy outlines that we will only accept items for exchange or credit instore if returned in the original packaging within 28 days of purchase.
The packaging has now been removed and thus on this occasion we are very sorry but unable to assist you further.

My wife:
Thank you for your email. The chip was not visible on purchase as the chipped paint was actually held on by the cellophane, so this actually fell away once the picture was opened.
Your policy online says that we are entitled to a a refund (we're not asking for a refund, we just want an exchange) it also says our return costs will be reimbursed.
Under the instore returns policy, it doesn't state how you will deal with faulty returns, and as the receipt directs me to your online policy, then the 'what if the item is faulty or damaged' paragraph must apply here.
Please could we arrange for the picture to be exchanged?

At this point we have heard nothing back. Does anyone know if we are entitled to the exchange or are we out of luck?

Thanks for any help you can give!

[Deleted User]

jarratt4 wrote: »

Under the instore returns policy, it doesn't state how you will deal with faulty returns, and as the receipt directs me to your online policy, then the 'what if the item is faulty or damaged' paragraph must apply here.

The online return policy is governed by distance selling regulations, so blatantly NOT relevant here. when you bought the items directly off the shelf. It's still up to you to show that the items were inherently faulty and have not been damaged since purchase.
Having said all that, most retailers would usually offer a "goodwill" return.

Perhaps not quoting chapter and verse of what the receipt says (or doesn't say) was not the wisest move on your part?

lincroft1710

Moneyineptitude wrote: »

Under SOGA,

SOGA was replaced by CRA in October 2015

naedanger

jarratt4 wrote: »

At this point we have heard nothing back. Does anyone know if we are entitled to the exchange or are we out of luck?

Thanks for any help you can give!

If the item was damaged when you first received it then you are entitled to either a replacement, repair or refund - at the retailer's choice. (If you bought the item within the last 30 days you can insist on a refund if it was damaged when you bought it, but the onus would be on you proving, on the balance of probability the item was damaged when you bought it.)

If the retailer disputes that the item was damaged when you bought it then ultimately you might need to take the retailer to court.

If it is less than six months since you bought the item then the onus would be on the retailer proving the item was not damaged when you bought it, otherwise the onus is on you proving it was damaged at purchase. The court will decide who to believe on the balance of probability taking account of all the evidence. (Obviously you should be better placed to determine how good your case will appear to a judge.)

PS How did you pay and was the value (of the item) more than £100?