Help with consumer rights??

browneyedbazzi

JReacher1 wrote: »

Yes I was wondering this. Can she DSR this as its less than 7 working days?

Yeah possibly if the purchase meets the criteria set out by the Distance Selling Regs (ie made through an organised distance sale or service provision scheme).

wealdroam

kimberleyanddarren wrote: »

Can I refuse a repair and expect them to refund and come and collect it?

In my opinion, yes you can.

As it is so soon after being purchased, I believe you are able to reject the thing as not conforming to contract.
Section 35 of The Sale of Goods Act allows for this.

The only debatable point is whether your use is deemed more than "examining them for the purpose of ascertaining whether they are in conformity with the contract".

OlliesDad

As above I would agree that you are able to get a refund as acceptance is yet to occur.

They would be in their rights to ensure that the unit is indeed faulty by testing it. (If you bought at a distance you can cancel under DSR's anyway).

kimberleyanddarren

I ordered it through their website on Tuesday of this week it was delivered on Friday and I paid on credit card.

I would prefer a refund rather than replacement/repair as I don't hold up much hope for it now after this disaster!

Thanks

neilmcl

Valli wrote: »

Unfortunately, no. The retailer can offer three remedies under the Sale of Goods Act; repair, replace or refund.

Retailers usually offer the most cost effective (for them) remedy.

You need to contact them and see what they offer.

The retailer can "offer" whatever the wish. The OP purchased the dryer only on Tuesday and therefore are well within a period to reject it for a full refund, should they choose to do so, and if it is indeed faulty.

Although the last bit is up for debate at the moment.

Valli

neilmcl wrote: »

The retailer can "offer" whatever the wish. The OP purchased the dryer only on Tuesday and therefore are well within a period to reject it for a full refund, should they choose to do so, and if it is indeed faulty.

Although the last bit is up for debate at the moment.

Under SoGA the remedies are as I said though - and the retailer will select whichever they choose - so surely I am not wrong here and I can't see why you've responded as you have? If the retailer offers something other then those three options he/she is not offering a remedy under SoGA.

Quite often, with white goods, retailers first offer is a repair as we see time and time again on here; posters offerred a repair for new white goods are rarely happy with that option - nor would I be!

However it appears that the OP might have the option to reject under DSR now; which was not clear initially because the OP did not specify where the purchase was made.

kimberleyanddarren

So if they offer a repair, am I within my rights to reject this and state I am entitled to a refund?

frugal_mike

Valli wrote: »

Under SoGA the remedies are as I said though - and the retailer will select whichever they choose - so surely I am not wrong here and I can't see why you've responded as you have? If the retailer offers something other then those three options he/she is not offering a remedy under SoGA.

Quite often, with white goods, retailers first offer is a repair as we see time and time again on here; posters offerred a repair for new white goods are rarely happy with that option - nor would I be!

However it appears that the OP might have the option to reject under DSR now; which was not clear initially because the OP did not specify where the purchase was made.

The Sale of Goods Act has two phases though, pre-acceptance and post-acceptance. If the goods are rejected (acceptance does not occurr) then the retailer must provide a full refund. So the question is, has OP done anything that infers acceptance?

And that isn't just a time issue. For example if OP told the retailer they accepted it then it is accepted.

neilmcl

Valli wrote: »

Under SoGA the remedies are as I said though - and the retailer will select whichever they choose - so surely I am not wrong here and I can't see why you've responded as you have? If the retailer offers something other then those three options he/she is not offering a remedy under SoGA.

I responded in the way I did because I was pointing out that the remedies offered, or chosen by the retailer are largely irrelevant given that the OP is within the period where they can reject for a full refund under the SOGA.

frugal_mike

kimberleyanddarren wrote: »

So if they offer a repair, am I within my rights to reject this and state I am entitled to a refund?

It is difficult to give a definitive answer because the Sale of Goods Act is not black and white. In my opinion you are entitled to a full refund, but you have to act quickly and be very explicit that you are rejecting under the Sale of Goods Act.