trying to return a faulty item

mandz13

can anyone tell me what my rights are?
i ordered a vac from very on friday, it arrived saturday and as i was working all day i opened it up on sunday. there is a suction pipe to attach and the clip bit that keeps it together looked to be loose but i put it together to make sure it just wasnt me that was doing it wrong. hubby said to plug it in as it maybe something to do with the suction and that would make it clip, but it didnt.
i rang very up straight away and asked for an exchange as i needed a vac asap, they could have delivered me a new one and taken the old one away (i have plenty credit)
they told me i could not return the faulty item as i had plugged it in and i had to ring vax the following day and they would send out a new part. i dont want a new part i just wanted an exchange. the item has been suplied faulty. very have refunded my delivery charge as they delivered me a faulty item(is this admitting they have supplied afaulty item?) i wasnt getting anywhere so i rang vax and they said that as it was withing 28 days the seller should exchange the item but they could send me the part out. i refused this. i rang very's electrical team and told them what vax said, they then agreed to collect the item for inspection but if they have believe the item has been used/plugged in then i cannot have an exchange and they will charge me to send the vax back to me.. i think im going to have an arguement on my hands so could anyone tell me exactly what my rights are. many thanks

wealdroam

This is the second time in as many days that Very have said this:

https://forums.moneysavingexpert.com/discussion/4732561

Although in fairness, on that thread is could be perhaps be argued that the product wasn't suitable for the OP.

If your item is faulty, of course you have every right to return it for a refund.

In your situation I would be writing a letter to Very, making it very clear that you are rejecting the goods under the Sale of Goods Act because they do not conform to contract.

Have a read of MSE's How to Complain article.

There's even a sample letter in there almost ready for sending.

mandz13

thanks for that reply, i did read the other thread first but wondered if my case was a bit different due to it being only a couple of days. i did tell very about the sale of goods act and they said they are acting within the act as the item has been plugged in so therefore it doesnt apply as they have a clause which states that electrical goods cannot be returned. as im not completley clued up on the act i wanted to make sure what i was saying to very was correct. thanks for the letter template i think i will need it.

ThumbRemote

As wealdroam said, you are quite entitled to reject faulty goods. The law states you must reject it within a reasonable time, which you did. It does not allow the retailer to fob you off to the manufacturer.

You may want to point out to Very that by attempting to deny your statutory right to reject the item, they are comitting a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008, and that Trading Standards will be interested in their actions.