Bag broke on first use

Sunny_Saver

Hello

I purchased a shopping trolley bag from Home Discount via Amazon. My mum used it once and on first use, a hole appeared in the bottom.

I contacted Home Discount and was told to send a photo, which I did. They said I could return it and they would send a replacement.

Given that this broke on first use, I said I preferred to have my money back.

The response was if I wanted my money back they would treat this as an 'order cancellation' and charge £2.95 handling fee.

Are they allowed to do this? It's not an 'order cancellation', I am returning the good because it is faulty.

Does anyone know my rights please?

Thanks.

maninthestreet

Under SOGA, the selller can choose whether to repair, replace or refund. They have chosen to replace, so they are complying with SOGA.

shaun_from_Africa

maninthestreet wrote: »

Under SOGA, the selller can choose whether to repair, replace or refund. They have chosen to replace, so they are complying with SOGA.

The retailers option to refund/repair or replace only starts once the consumer has had a reasonable opportunity to examine the goods to make sure that they conform to contract and if the goods are rejected before acceptance, then a full refund must be given if requested.

bris

How long have yo had it? If you have had it for a very short time then it can be rejected as not for for purpose as it hasn't been accepted. If you delayed using it for a couple of weeks then it may be classed as accepted, and the remedy would be up to them, however they would still not be allowed to charge for return postage and they couldn't exactly charge for use as you haven't had any. You need to remind them of their obligations under SOGA.

You also have DSR if cancelled within 7 working days but that would be no use as it would still carry a return postage cost.

bris

maninthestreet wrote: »

Under SOGA, the selller can choose whether to repair, replace or refund. They have chosen to replace, so they are complying with SOGA.

Not in this case, if they choose to refund then they can't charge a cancellation fee, the goods are faulty not unwanted.

Sunny_Saver

Hi

I think the bag arrived last Wednesday and my mother used it for the first/only time on Sunday, so not very long at all.

I should make it clear, they're not charging for the postage, they've given me a postage sticker. If I accept a replacement there would be no charge, but I want a refund and for that there is a 'order cancellation charge', even though I am not cancelling but returning because it is faulty.

I have written to them asking on what grounds do they think I am cancelling the order.

Thanks.

Sunny_Saver

I've heard back from the company they said that under their T&Cs:

'We will always be able to send parts or a replacement item, but however If you decide you do not want parts or a replacement unit, and you want to cancel the order for a refund the item can be returned under our return policy for unwanted items, which will be at your own expense and a handling fee'.

Does this sound like a fair and reasonable part of the contract? Should I complain to Trading Standards.

Cycrow

as it was bought online, it can be sent back for a full refund under the distance selling act. This doesn't matter if its faulty or not, and can be used if you just change your mind

You have 7 working days from delivery to sort this out.

after that time, you can return it if its faulty, but they can chose weather to repair, replace or refund. You dont get to choose which one

Toxteth_OGrady

Their T&Cs cannot undermine your statutory rights

You need to write back and state that you are rejecting the item under SOGA as not being fit for purpose and of unsatisfactory quality and that you are cancelling your contract with them. As such you require a full refund. You can ask them if they would like to collect the faulty item at their own expense.

Toxteth_OGrady

Cycrow wrote: »

after that time, you can return it if its faulty, but they can chose weather to repair, replace or refund. You dont get to choose which one

This is a SOGA not a DSR issue.

The choice of repair, replace or refund only applies to goods that have deemed to have been accepted by the customer and don't apply in the case.

The OP has the right to reject the goods and rescind the contract and get a full refund:

Acceptance

Customers are entitled to reject goods if they are faulty (do not match the description , are not of satisfactory quality , or are not fit for purpose ) and receive a full refund if they have not yet accepted the goods.

Before a customer is believed to have accepted the goods they have purchased, the law allows customers a reasonable opportunity to inspect or examine the goods and this should take place within a reasonable time .

For items sold in a shop, it is important for retailers to know that inspecting them in a shop is often not considered a reasonable opportunity. This is due to the restrictions of packaging and in-store display in allowing a customer to identify a problem or a fault.

For items being delivered, it is important for retailers to know that signing a delivery note is not acceptance as it does not allow the customer a reasonable opportunity to inspect the goods and identify any problems or faults.

The law does not give a time limit for acceptance. When trying to decide if a customer has had a reasonable opportunity to inspect their goods, consider what an impartial person in a court would think reasonable for that product in the circumstances.

Faulty goods, no acceptance

If the item does not conform to contract (is faulty ) for any of the reasons mentioned previously, and the customer has not accepted the goods, the law says the customer is entitled to
reject the goods and claim a full refund, or
request a repair or replacement if that is the customer's preferred option.

As the retailer, you can offer a repair, a replacement or a credit note, but you cannot insist on any one of these. It is the customer's right to receive a full refund in these circumstances.

Where a customer is entitled to a full refund because they have not accepted the goods but have agreed that you may repair or replace the goods, they can still claim a full refund if the repair or replacement is
taking an unreasonable time, or
causing an unreasonable inconvenience, or
if the repair or replacement is not satisfactory when they receive it.

Quoted from Trading Standards SOGA Hub: http://sogahub.tradingstandards.gov.uk/sogaexplained