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

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Comments

  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    So on that basis if I have a tree to fell, I order a chainsaw online, saw the tree down and then return under DSR.

    So really it can be used as free online tool hire?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hintza wrote: »
    So on that basis if I have a tree to fell, I order a chainsaw online, saw the tree down and then return under DSR.

    So really it can be used as free online tool hire?
    Depends on whether your "trial" caused any obvious wear & tear on the item. DSRs will always apply because the rights are unconditional, but if you didn't take reasonable care, and it's obvious that you didn't, then the seller can sue for breach of statutory duty.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    neilmcl wrote: »
    Depends on whether your "trial" caused any obvious wear & tear on the item. DSRs will always apply because the rights are unconditional, but if you didn't take reasonable care, and it's obvious that you didn't, then the seller can sue for breach of statutory duty.

    Although its due to change in a few months to allow the retailer to deduct from the refund if the item has diminished in value (with the consumer failing to take reasonable care obv).

    As for the OP.....I know this might sound like a silly question but I cant see any details about this in your OP so........have you tried adjusting the vacuum settings?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Although its due to change in a few months to allow the retailer to deduct from the refund if the item has diminished in value (with the consumer failing to take reasonable care obv).
    We shall see.
  • After finally getting an e-mailed response from someone at the catalogue who obviously knew more about consumer law (& after my written complaint about the number of e-mails/different people replying & ignorance of the DSR's etc); They accepted the vacuum cleaner back without any further issue and have refunded the full price onto my account. They also congratulated me on knowing my consumer rights & how nice it was to deal with someone who does.

    Yes I did check & adjust the power settings trying it on various including full power with no discernible difference in its collection of dirt...

    I will be more careful in future especially as the law is apparently due to change. On-line purchasing may be easier & cheaper in some ways but dealing direct with a shop/person can often negate the need for these type of issues cropping up later on. I have purchased two separate pairs of motorbike gloves on-line recently from two separate suppliers. Both pairs turned out to be faulty, that was easier to deal with as there was something tangible to show them, although again it's messing about contacting them, sending photos, re-packaging/returning the items & waiting for a refund. I ended up going to a store to get some in the end, & cheaper! Thanks all for the input & advice. :beer:
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