Who pays? The shop or the manufacturer?

MsMoneypenny_2

I recently bought a knee support from an online retailer. After taking it on holiday with me I found one if the metal supports kept falling out because the stitching was wonky and it wasn't sewn in properly.

The retailer was apologetic and sent me a returns label, I sent it back and waited. And waited. For my refund.

I then chased the retailer and they said its with the manufacturer, and they'll chase them for me. But surely I
Bought from the retailer so THEY should refund me?

wealdroam

MsMoneypenny wrote: »

I recently bought a knee support from an online retailer. After taking it on holiday with me I found one if the metal supports kept falling out because the stitching was wonky and it wasn't sewn in properly.

The retailer was apologetic and sent me a returns label, I sent it back and waited. And waited. For my refund.

I then chased the retailer and they said its with the manufacturer, and they'll chase them for me. But surely I
Bought from the retailer so THEY should refund me?

But the retailer is perfectly entitled to check with his expert (the manufacturer) that the product hasn't, for example, been damaged my mis-use.

Only when it has been decided that the product is inherently faulty can you expect a refund or replacement.

Forwandert

Or they could also be repairing it. Have they said you will be getting a refund?

Herongull

It is not of merchantable quality, then retailer should you a refund.

arcon5

Herongull wrote: »

It is not of merchantable quality, then retailer should you a refund.

No!

It's only within a short period after purchase faulty goods can be rejected for a full refund. With op having taken it on holiday I suspect this 'reasonable' time has lapsed - if so the retailer is entitled to repair it is it is more cost effective

Herongull

arcon5 wrote: »

No!

It's only within a short period after purchase faulty goods can be rejected for a full refund. With op having taken it on holiday I suspect this 'reasonable' time has lapsed - if so the retailer is entitled to repair it is it is more cost effective

No. The period is certainly more than a few weeks - it could easily be 6 months. It depends on the context.

I returned an mp3 player that failed after 6 months and successfully claimed a refund. mp3 players should last for a long time so if it failed in 6 months, then this meant it wasn't of merchantable quality.

A knee support shouldn't fail as soon as you take it on holiday.

somethingcorporate

Herongull wrote: »

No. The period is certainly more than a few weeks - it could easily be 6 months. It depends on the context.

I returned an mp3 player that failed after 6 months and successfully claimed a refund. mp3 players should last for a long time so if it failed in 6 months, then this meant it wasn't of merchantable quality.

A knee support shouldn't fail as soon as you take it on holiday.

Unfortunately what you are doing there is extrapolating your personal experience and assuming it is law, you are wrong.

A "reasonable" period is indeed context specific but certainly not 6 months for an MP3 player. 2 weeks would be a stretch, after this you would be entitled to a remedy under SOGA which includes refund but you could not demand one, the retailer could choose a replacement or repair (which is more or less their choice).

6 months may be reasonable for a pair of skis bought in the summer (at a stretch).

To clarify, you can outright reject in a reasonable amount of time (in general this would be less than 4 weeks), if it is less than 6 months old the company has to prove that the fault was not inherent (or otherwise provide a remedy) and after 6 months it is up to the purchaser to prove that it was.

Herongull

You can reject faulty goods and claim a refund within "a reasonable time", but "reasonable time" is not defined by the legislation, so it is best to reject them as soon as possible to be on the safe side.

Four weeks is one rule of thumb that is often used - if you tell the seller you are rejecting a faulty item within 4 weeks of purchase you are are probably entitled to a refund.

But there is no hard and fast definition of the time to reject. It can be less than 4 weeks or up to about 6 months.

For example http://www.britain.tv/legaladvice_faq.shtml says:

"2. The shop is only offering a repair of faulty goods. I want a refund or at the very least a replacement, do I have to accept a repair?

You are only entitled to a refund if you have not accepted the
goods. Acceptance takes place if either the goods are not rejected within a reasonable period of time, you tell the seller that you have accepted the goods or you act inconsistently with the seller's ownership. The most common form of acceptance is through lapse of a reasonable period of time. Currently, case law suggests that acceptance can take place anywhere between 3 weeks and 6 months after purchase. Ultimately, it is a question that can only be decided by a court after considering all the circumstances."

If it is more than a 4 weeks after purchase and the seller refuses to refund it is probably easiest to accept an offer of replacement or repair - after all you don't want to go to court! But even after 4 weeks, if you really want a refund you can still try to reject it as faulty and claim a refund and the seller may well accept this (as in my case).

If you have accepted the goods, then then the seller can offer you repair or replacment, but this must be done in a reasonable time. If not, then you can claim a refund instead http://www.tradingstandards.gov.uk/cgi-bin/shropshire/con1item.cgi?file=*adv0043-1011.txt

"However, the repair or replacement must be carried out within a reasonable time and without causing significant inconvenience to the consumer. If this does not happen or the repair or replacement is not possible, then the consumer can cancel the contract (claim a refund) or request a reduction in purchase price."

wealdroam

It could be considered that taking the thing on holiday is "acting inconsistently with the seller's ownership".

vuvuzela

wealdroam wrote: »

It could be considered that taking the thing on holiday is "acting inconsistently with the seller's ownership".

Why would you say that ? If it's a knee support, surely then it should be wherever the knee is, and if the knee is on holiday then the support goes too.

wealdroam

vuvuzela wrote: »

If it's a knee support, surely then it should be wherever the knee is, and if the knee is on holiday then the support goes too.

Of course.

But maybe it could reasonably be considered that by taking it on holiday you are 'acting as the owner', i.e. you have accepted the thing.