Refunds within 6 months

angelikjan

Can anyone give me an idea what to do next? I took Vax cleaner back to Tesco today as parts broken. I wanted a refund. Guess what it's not their company policy. Tesco rang Vax and they will send out parts, but I'm not happy with that, store manager wouldn't budge, so we asked him to ring head office. My brother spoke to Tesco head office (I have depression and find phone calls difficult) but they insisted we were not entitled to a refund. Basically breaking the law. Any help appreciated please.

CynicalScotsman

How long have you had it?

but they insisted we were not entitled to a refund. Basically breaking the law.

What law are they breaking? They are not breaking the Sale of Goods Act if you have had the item for a reasonable time (a few weeks, possibly).

wealdroam

angelikjan wrote: »

Can anyone give me an idea what to do next? I took Vax cleaner back to Tesco today as parts broken. I wanted a refund. Guess what it's not their company policy. Tesco rang Vax and they will send out parts, but I'm not happy with that, store manager wouldn't budge, so we asked him to ring head office. My brother spoke to Tesco head office (I have depression and find phone calls difficult) but they insisted we were not entitled to a refund. Basically breaking the law. Any help appreciated please.

Angelikjan, welcome to the forums.

I too cannot see where they have broken the law.

Why not have a read of MSE's Consumer Rights article where I am sure you will find the answers you need?

When was the thing actually purchased?

The_Pedant

To summarise, you are only entitled to a refund in the initial (short period) where you decide whether the goods are as expected & you decide whether to 'accept' them or not (for many household items this could be say, up to a couple of weeks).

After than period, the seller has the right to refund, replace, or repair as they deem necessary. You can ask for one particular remedy but they are quite within their rights to decline if it is more expensive than their preferred option.

Unfortunately the Sale of Goods act is one of the most misquoted pieces of legislation out there. You may wish to follow Wealdrom's advice to familiarise yourself with it.

4743hudsonj

The_Pedant wrote: »

After than period, the seller has the right to refund, replace, or repair as they deem necessary. You can ask for one particular remedy but they are quite within their rights to decline if it is more expensive than their preferred option.

On the other hand there is also the stipulation that any remedy must not be of significant inconvenience, which if one method would prove, then the OP is quite within there rights to reject that method. Remember SOGA doesnt say it has to be the cheapest option just not of disproportionate cost.

unholyangel

4743hudsonj wrote: »

On the other hand there is also the stipulation that any remedy must not be of significant inconvenience, which if one method would prove, then the OP is quite within there rights to reject that method. Remember SOGA doesnt say it has to be the cheapest option just not of disproportionate cost.

The problem with that is that you get muppets who think that (for example) it is significantly inconvenient to be without a tv for for a few days. While it may not be ideal, imo its not significant. Significant to me is going without a cooker for weeks, going without a fridge/freezer for weeks.

Jakg

"I know my rights!"

david39

The only "person" in my house who would be upset about losing the use of a vaccuum cleaner for a few days would be the dog - he'd miss snarling at his arch-enemy and would no doubt vote to reject the waiting-for-parts option.

Esqui

What parts were broken? If it's attachments, then there really is no need to even consider having the thing refunded. If it's something bigger, and you've had it for longer than a couple of weeks, then it's brush & dustpan time for a few days

angelikjan

The Vax is under six months old, which as far as I can see from what I've read gives me the option to request a refund. It's very hard to vacuum when the hose has completely detatched itself from the machine, all the dust goes back on the floor, it very frustrating.

I too have a lovely rescued pooch who loves to shed his hair EVERYWHERE.

Thx for your replies.

shaun_from_Africa

The Vax is under six months old, which as far as I can see from what I've read gives me the option to request a refund.

The only part of the SOGA that refers to a 6 month period is the bit that states this is the time limit before which a fault is assumed to be due to a manufacturing defect and it is up to the retailer to prove otherwise.

There is nothing to state that you are legally entitled to a refund in this 6 month time.
Legally you can only insist on a full refund if you reject the goods within a "reasonable time". This isn't defined, but it is to allow you to get the goods home, unpacked, checked and tested to make sure that they are all correct and working at the time of purchase.