Tesco - SOGA doesn't apply to us

Gordon_Hose

Googlewhacker wrote: »

You can if its within the reasonable period...

Edited to add that

halibut2209

They can OFFER an alternative, but the consumer doesn't have to accept it. That doesn't mean the retailer can then wash their hands of it.

Gordon_Hose

halibut2209 wrote: »

They can OFFER an alternative, but the consumer doesn't have to accept it. That doesn't mean the retailer can then wash their hands of it.

If they offer a repair, then that's what the customer has to accept. That's what the SOGA states, quite clearly.

If you turn down a repair, then it's your luck out.

As with the OP, was offered a gift card as recompense but declined it. That's their problem, not the retailers.

zzzLazyDaisy

The dress was bought in July and returned in October. That is highly unlikely to be viewed as rejecting the item within a reasonable time period. In that case talk of refunds/compensation/repair/replacement is irrelevant since OP has lost his rights under SOGA anyway. In my view the shop was making a perfectly reasonable gesture of goodwill by offering a gift card.

However, the answer is obvious, surely? Speak to Consumer Direct. If they think there is a case to answer they will refer it to Trading Standards.

Either that, or take Tesco to the small claims court, and let the judge decide if this case is covered by SOGA.

halibut2209

Gordon_Hose wrote: »

If they offer a repair, then that's what the customer has to accept. That's what the SOGA states, quite clearly.

If you turn down a repair, then it's your luck out.

As with the OP, was offered a gift card as recompense but declined it. That's their problem, not the retailers.

I meant an alternative to repair or replace. In this instance both of those were impossible. A refund is the only legal solution. An exchange for something similar (or completely different) may be offered, but the consumer is under no obligation to accept that. Given that a repair or replacement are not available, the consumer is entitled to a refund.

somethingcorporate

Gordon_Hose wrote: »

If they offer a repair, then that's what the customer has to accept. That's what the SOGA states, quite clearly.

If you turn down a repair, then it's your luck out.

As with the OP, was offered a gift card as recompense but declined it. That's their problem, not the retailers.

Just to be a pedant but the regulars here know the above to not be true.

The remedy offered should not inconvenience the customer, if a repair was to do this then the customer can decline.

Also, the SOGA does not state that the company can choose the remedy (but for all intents and purposes it is true).

If this is a failure under the SOGA then the offer of a gift card does not satisfy the law since it is neither a repair, replacement or refund. However, it would have served well enough as a refund had the OP engaged their loaf before trying to take a stand that has got them nowhere!

Equaliser123

zzzLazyDaisy wrote: »

. In that case talk of refunds/compensation/repair/replacement is irrelevant since OP has lost his rights under SOGA anyway. .

You are mixing up the right to reject the goods and treat the contract as repudiated and the other rights under SOGA (and contract law) which will continue to apply irrespective of the fact that the item may have been accepted.

Yorkie1

I tried to explain SOGA to my local store who said it didn't apply because I was outside their 7 day return period. Something I bought fell apart on its first use. They couldn't understand that SOGA was completely different from their returns policy.

I wrote to the manager and complained, and he wrote back too - with a gift card which addressed the immediate issue - but again said SOGA didn't apply.

Is there a facepalm smillie?

[Deleted User]

All this over £2 did anyone forget this was a Tesco dress, a sale dress at that! £2.50 Max :-)

ThumbRemote

Gordon_Hose wrote: »

Maybe not (I don't agree with you), but they are under no obligation to issue a cash refund. If pick n' mix is an alternative accepted by the customer then there's nothing wrong with that. Tesco were quite within their rights to phone another store and get a replacement dress sent across from there. They were quite within their rights to offer any other dress of the same price, if more expensive then the customer pays the difference.

An identical replacement or a full repair are acceptable, but Tesco offered neither of these. They offered a gift card; the consumer declined the offer and the store are therefore obliged to give a refund.

Your examples are all very well, but the store did not offer a replacement, a repair, or a refund; they offered a gift card and refused a refund. They are therefore breaching the terms of the Sale of Goods act and breaking the law.