Vacuum Cleaner Purchase from Catalogue - Doesn't perform to required standard

Quantum_Mechanic

I ordered a pet hair vacuum cleaner from my catalogue last week. I tried it straight away when it arrived and found it to be useless at picking up from my bedroom carpet, although it appears suitable for my hard floor types. I am trying to return it to the catalogue for a full refund on my account as 'not fit for purpose', which deems it 'faulty' under the Sale of Goods Act, this would also bring into question it's overall quality too, another reason to return under SoGA. However the catalogue are refusing to accept it back as I have used the item and it isn't faulty as far as they're concerned. I am arguing that I wouldn't have known it to be of no use to me had I not tried it out but so far I'm getting nowhere. Any advice please?

halibut2209

Forget SOGA. Return under DSRs

Hintza

halibut2209 wrote: »

Forget SOGA. Return under DSRs

But its now used!

Quantum_Mechanic

I know it's now used but I was unable to try it out to see if it was suitable prior to purchase! It was advertised as being suitable for all floor types and is not, so to me that's not fit for purpose???

shaun_from_Africa

Hintza wrote: »

But its now used!

This doesn't make any difference with regards to returning under the DSR's.
Provided that the retailer is informed of the with to cancel within the required time & the goods are cover by the right to return section of the reg's then the right to a refund can't be dependent on the goods being unused.

neilmcl

Hintza wrote: »

But its now used!

And your point is?

DSRs will still apply!

bris

DSR's do still apply but they can sue for failing to take reasonable care of the goods, not going to happen but possible. On the other hand companies believe the DSR's to be unfair in this respect and simply don't follow them, leaving the OP to sue .

As for the product, all vacuums are not made equal to a dyson, it may very well perform to a suitable standard for the price etc, but sometimes our standards are to high.

neilmcl

bris wrote: »

DSR's do still apply but they can sue for failing to take reasonable care of the goods, not going to happen but possible. On the other hand companies believe the DSR's to be unfair in this respect and simply don't follow them, leaving the OP to sue .

As for the product, all vacuums are not made equal to a dyson, it may very well perform to a suitable standard for the price etc, but sometimes our standards are to high.

Sue for what? Simply using the item would not be classed as not taking reasonable care and certainly wouldn't be in breach of statutory duty.

Hintza

The DSRs allow the consumer to examine goods they have ordered as they would in a shop.

You don't vacuum your carpet in the shop.

neilmcl

Hintza wrote: »

The DSRs allow the consumer to examine goods they have ordered as they would in a shop.

That's just your interpretation, nothing in the actual legislation that states this. As long as you take "reasonable care", you can "use" the goods to your hearts content.

Hintza wrote: »

You don't vacuum your carpet in the shop.

Some stores actually do have demo equipment that can be used in store, John Lewis, Lakeland are two I know of off the top of my head.

shaun_from_Africa

Hintza wrote: »

The DSRs allow the consumer to examine goods they have ordered as they would in a shop.

Whatever the DSR's allow or don't allow a consumer to do with the goods doesn't matter one iota as the right to a refund is unconditional.
As bris rightfully stated, there is nothing to stop the retailer from attempting to recover their losses from the consumer but this doesn't mean that they can deduct those losses from any refund that they must give.

Agree or disagree with the DSR's, they are still UK legislation and therefore a consumer right and this is after all, the consumer rights board.