Can't get refund on faulty goods

Labmanager

unholyangel wrote: »

With regards to rights if something goes wrong? No of course not. But the general principle applies, you do not treat something that belongs to someone else as your own. And as I have said a few times, actually building it is (imo) inconsistent with someone else owning it meaning you would have signified acceptance by doing so.

Nor would the OP be entitled to anything at all if the "faults" are not inherent. If the OP becomes awkward, then the retailer is more likely to be awkward also.

So far he seems keen to help, despite indicating the parts have been damaged by the OP.

Buying from a friend has absolutely NOTHING to do with this. Straight answer Y/N?

Labmanager

Labmanager wrote: »

Show me how I can have reasonable opportunity to examine 200-300 connecting parts without building them?

If part A1 did not fit ZZ45 and it should, no contract is formed?

Therefore refund?

Still no answer ?

Honeydog

Given that the toy is Lego I don't think that the OP having built something with it is a problem. After all Lego is meant to be put together and taken apart.

I think the bigger issue here is the fact that it arrived on the 8/3 (Thurs) They found the problem at the weekend and presumably emailed the company on the Monday.

So it all happened within the 7 working days that you are allowed to return goods ordered online.

Doesn't that make a difference? Are the company allowed to refuse to let them return it?

traumascares

Hi,

I think you have a very strong case to ask for a refund. The important words in the seller's policy are "nothing in this clause affects your statutory rights". The seller can make additional promises and have his own policy, but he always remains subject to the Sale of Goods Act.

This is what the Act says. First, goods must be of "satisfactory quality" under section 14 of the Act. As the garage door was broken, it would seem the set was not of satisfactory quality. I'm assuming the door was a large part of the set, if it was something really minor then it wouldn't count.
Second, you are entitled to reject the goods for even minor defects. The right of rejection does not have to be exercised reasonably - even if it would be reasonable to accept spare parts, you can still claim a refund as long as the set was not of "satisfactory quality". You do have to make it clear that you are rejecting the goods to claim a refund, e.g. by saying "I reject the goods" in an email.

I disagree with some of the advice you have been getting about "acceptance" is wrong. Section 35 (2) of the Act says "Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection above until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract". You can't reasonably know whether a piece of lego is faulty until you build it, so I don't think there is any basis for saying that you have accepted the fault.

I think you are entitled to insist on a refund under Sale of Goods Act, regardless of what the seller's policy is and regardless of the fact that he is offering to repair the goods. However, you will need to be persistent - the seller may try and resist because it will be cheaper for him to order a new part than it will be to give you a refund.