Quick questions on Consumer Rights

HouseOfBack

unholyangel wrote: »

You can't force a repair or replacement if its impossible (for example replacement parts aren't available or the goods are damaged in such a way that it can't be repaired, ie broken glass) or disproportionately costly.

Are they offering you a refund?

Agree, it's a difficult position for the seller to be in. Since this post, I've successfully built it with some screws missing.

To answer you question, I don't believe so. Their reccomendation was to try a DIY shop to find the replacement screws. Thankfully, I was able to build it without the need to.

Thanks.

unholyangel

HouseOfBack wrote: »

Agree, it's a difficult position for the seller to be in. Since this post, I've successfully built it with some screws missing.

To answer you question, I don't believe so. Their reccomendation was to try a DIY shop to find the replacement screws. Thankfully, I was able to build it without the need to.

Thanks.

You could theoretically claim damages for the parts you had to buy elsewhere although whether it would be worth doing so would depend how much you spent I suppose!


Just for clarification, if they were unable to repair or replace, they should have offered a refund (needs to be a full refund during first 6 months after sale). If they just said they couldn't repair/replace and then tried to wash their hands of it, I would suggest never buying from there again and reporting them to trading standards (usually done via citizens advice now) as they are not complying with statute/law.

Barneak

This is my first post ever. I purchased some made to measure Roman blinds off the internet. The blinds came and the colour was nothing like the picture on the website. They were described as charcoal and as they were plain I didn't think I needed a swatch. When the blinds came they were light grey and I immediately complained to the firm as they were not as described. After a couple of emails and then a letter of complaint, they said they had no liability as I should have used their swatch service and it is in their terms and conditions. They offered to make some more for half price. I therefore contacted my credit card issuer who after 3 months of backwards and forwards asking for information now say that as I should have obtained a swatch and it is in the retailers terms and conditions that they(the credit card company) have no liability either. Do I have a case to take this to the small claims court or are they both right. I ordered the blinds in good faith based on the colour description 'charcoal'. The picture looks nearly back (I have a print of this) - the blinds are still sat in my cupboard in their original packaging. Can anyone advise if I should just write this off...............?

Fosterdog

When you say made to measure did you manually add your own measurements or choose from drop down boxes from pre defined sizes?

If the latter then you have the right to cancel your order under CCRs, if the former then there's not a lord you can do, colours have many different shades and even each device screen you view things on will have different setting so show the colours differently so you arguing that the colour is too light, unless a vast difference of a barely off white shade to an almost black shade, then the item you have received is what you ordered. The fact that you also had the chance to get a sample to confirm before purchase but chose not to would also go against you.

robatwork

If it goes as far as adjudication or court, it may come down to what a "reasonable person" thinks the colour charcoal describes.

Can you link to their webpage showing what they describe and perhaps a picture of what they actually supplied? If it's only slightly different from the above definition or their website representation then I think you're on shaky ground.

Falco3m

Hi! I have bought a Welsh dresser from Harvey's. I made the purchase in store, but since have been offered one by a neighbour and have tried to cancel my order. (The order was made on the 25th of August, and is due to arrive on the 13th of September.) Today, I rang Harvey's to cancel the purchase, but have been told that I must pay 20%of the full price, as it was an in store order. Orders made online can be cancelled up to 14 days after delivery of the item but in store purchases are subject to the 'customer charter' which is apparently on display in store. At no time were we made aware of the cancellation cost. We have a receipt of purchase which does not contain this information either. Is this legal? I don't see how I should have to pay 20% of the cost of an item that I am yet to receive....Feeling a bit duped! Could you advise?

KeithP

Falco3m wrote: »

Hi! I have bought a Welsh dresser from Harvey's. I made the purchase in store, but since have been offered one by a neighbour and have tried to cancel my order. (The order was made on the 25th of August, and is due to arrive on the 13th of September.) Today, I rang Harvey's to cancel the purchase, but have been told that I must pay 20%of the full price, as it was an in store order. Orders made online can be cancelled up to 14 days after delivery of the item but in store purchases are subject to the 'customer charter' which is apparently on display in store. At no time were we made aware of the cancellation cost. We have a receipt of purchase which does not contain this information either. Is this legal? I don't see how I should have to pay 20% of the cost of an item that I am yet to receive....Feeling a bit duped! Could you advise?

Unfortunately the store are right.

All in-store purchases should be considered final unless advised otherwise.

As you weren't advised of the seller's cancellation policy, one could perhaps argue that you cannot expect any refund.

Of course you can break any contract, but the harsh truth is that a breach of contract usually has a cost.

Jodi_Bond

Hi I purchased a few dresses online from a company in la America. They are saying I am not entitled to a refund and won't allow me to cancel some of my order. Is there a trading standards in America I can contact?

lincroft1710

Jodi_Bond wrote: »

Hi I purchased a few dresses online from a company in la America. They are saying I am not entitled to a refund and won't allow me to cancel some of my order. Is there a trading standards in America I can contact?

Why do you want to refund and cancel part of the order?

KeithP

Jodi_Bond wrote: »

Hi I purchased a few dresses online from a company in la America. They are saying I am not entitled to a refund and won't allow me to cancel some of my order. Is there a trading standards in America I can contact?

Perhaps The Better Business Bureau can help you.