Return rights – is a shop telling you porkies?

Former_MSE_Guy

This is the discussion to link on the back of Martin's blog. Please read the blog first, as this discussion follows it.

Read Martin's Return rights – is a shop telling you porkies? Blog.

nickstarmer

my step-son bought a game for his360 xbox he then found it did not work so i went with him to get a refund as faulty, the assistant quoted as it was a game(disc) opened (as he had to try it no other way than to put it in the xbox) the law states that they do not need to refund or give a credit note as out of packaging and totally refused ,now step-son buys games from other shops and no probs just this one,the game at the time was 50 quid , now faulty goods can normally be returned but the shop says games come under a different law, now i think i am right in that any goods faulty can be refunded(please note they have the game consuls in the shop to prove faulty) so please correct me if i,am wrong? that my step-son should be able to have a game that works and not lose 50 quid , any advice appreciate because he still uses the same shop and why should he be chucking 50quidish a time away , and i did quote the sale of goods act at the manager as well and got the same thing so can some one tell me if i,m right or the shop? (i think i,am)

Legion90

I would have thought you were right as the good is faulty. If you opened the cover and found a blank DVD disc with not correct game then it is faulty the store has to offer a refund.

crittertog

nickstarmer wrote: »

my step-son bought a game for his360 xbox he then found it did not work so i went with him to get a refund as faulty, the assistant quoted as it was a game(disc) opened (as he had to try it no other way than to put it in the xbox) the law states that they do not need to refund or give a credit note as out of packaging and totally refused

They're getting confused. The Distance Selling Regulations 2000 exempts opened digital media (software, games, and audio-visual) from being returned during the 7 day cooling off period provided by said act. However, this categorically does not override the provisions for faulty goods within the Sales of Goods Act 1979. This is a common, but not acceptable, confusion.

JohnTen

I bought a Giorgio Armani leather wallet from Hooper's in Tunbridge Wells (£78). To my horror 21 months later the leather "flaked off", I thought I have bought a leather wallet. I took it back and remonstrated with Hooper's all the way up to the general manager who would not accept that the wallet was not of satisfactory quality. All through the excuse for refusing to do something was that the guarantee had lapsed despite me telling her that this was irrelevant. Eventually she agreed to send the wallet back to the manufacturer for an opinion and I accepted this as an initial action. In the event this was not done and a photo of the wallet was e-mailed and the message that came back was that no action would be taken by the manufacturer for an item like this that was more than three months old. I was sent 2 lunch vouchers, these I used (value of lunch £30), I decided to call it quits and wrote to them, thanking them for the lunch. However I would have preferred my money back. Any comments in the strength of the case?

princegeorge

A while ago, I bought a phone from carphone warehouse. It didn't work and I took it right back. Second and third ones didn't work either. All this happened within about 2-3 weeks over Christmas. I asked for my money back several times,orally and in writing, but manager refused - 'store policy', etc. The only other step I could have taken was to sue in small claims court, which I would have done. I agreed to a 4th replacement from a different store/batch, and that worked fine. Afterwards, I asked the manager why he was telling people something he and the company knew to be wrong and contrary to the law. He said he had no choice, if he didn't he'd lose his job. If high street companies operate with this degree of corruption and cynicism, sadfarts aren't much help.

inhibit

So am I right in thinking that buying over the internet gives me a 7 day cooling off period? During that time I can return goods and get a refund of postage? If that is the case then someone should tell Boden. It is very clear in their FAQ that not only do you not get the postage back but you have to pay to send items back to them.:mad:

Jinx

JohnTen wrote: »

I bought a Giorgio Armani leather wallet from Hooper's in Tunbridge Wells (£78). To my horror 21 months later the leather "flaked off", I thought I have bought a leather wallet. I took it back and remonstrated with Hooper's all the way up to the general manager who would not accept that the wallet was not of satisfactory quality. All through the excuse for refusing to do something was that the guarantee had lapsed despite me telling her that this was irrelevant. Eventually she agreed to send the wallet back to the manufacturer for an opinion and I accepted this as an initial action. In the event this was not done and a photo of the wallet was e-mailed and the message that came back was that no action would be taken by the manufacturer for an item like this that was more than three months old. I was sent 2 lunch vouchers, these I used (value of lunch £30), I decided to call it quits and wrote to them, thanking them for the lunch. However I would have preferred my money back. Any comments in the strength of the case?

I always thought that the seller and the manufacturer were jointly and severally liable. Because you bought the item from a shop you had a contract with the shop and could return it to them but you could choose to return to manufacturer too. Since you have had no joy personally I would contact Armani and return the product to them to see if you got any more joy there.

Jinx

princegeorge wrote: »

A while ago, I bought a phone from carphone warehouse. It didn't work and I took it right back. Second and third ones didn't work either. All this happened within about 2-3 weeks over Christmas. I asked for my money back several times,orally and in writing, but manager refused - 'store policy', etc. The only other step I could have taken was to sue in small claims court, which I would have done. I agreed to a 4th replacement from a different store/batch, and that worked fine. Afterwards, I asked the manager why he was telling people something he and the company knew to be wrong and contrary to the law. He said he had no choice, if he didn't he'd lose his job. If high street companies operate with this degree of corruption and cynicism, sadfarts aren't much help.

I had this with Comet re a sat nav. Store insisted they would not swap it for me - it wouldnt work within the month of purchase. Argued with the store manager for a bit; told him his store policy could not override the law. Called the Head Office, got the sat nav changed (with a major change in attitude from the manager) in 30 seconds flat:rotfl:

JethroUK

nickstarmer wrote: »

my step-son bought a game for his360 xbox he then found it did not work so i went with him to get a refund as faulty, the assistant quoted as it was a game(disc) opened (as he had to try it no other way than to put it in the xbox) the law states that they do not need to refund or give a credit note as out of packaging and totally refused ,now step-son buys games from other shops and no probs just this one,the game at the time was 50 quid , now faulty goods can normally be returned but the shop says games come under a different law, now i think i am right in that any goods faulty can be refunded(please note they have the game consuls in the shop to prove faulty) so please correct me if i,am wrong? that my step-son should be able to have a game that works and not lose 50 quid , any advice appreciate because he still uses the same shop and why should he be chucking 50quidish a time away , and i did quote the sale of goods act at the manager as well and got the same thing so can some one tell me if i,m right or the shop? (i think i,am)

Software DVD, Games, & CDs & computer software come under a different law - because you aren't buying just the medium (a 5p plastic disc)

you are essentially buying 'information' ( it just happens to be stored on a 5p plastic disc)

as such you could buy the plastic, open the packet, steal the information (copy it) and ask for a refund for the plastic

to prevent this - the new law ensure you cant do this

you have to make sure you want the information (game, software, rock concert, cd compilation) before you buy 'a disc' with it on

dont open the packet unless you're sure you want the information

if the disc is faulty - the shop have to replace the disc (containing only the same information/game/video/cd) so you can continue to enjoy the information

hope that makes sense

JethroUK

Legion90 wrote: »

I would have thought you were right as the good is faulty. If you opened the cover and found a blank DVD disc with not correct game then it is faulty the store has to offer a refund.

Nope - just a replacement 5p disc contain the right information