Sales of Goods damaged after 30 days

ellie309

Hi Everyone

I wondered if you could help me I bought 2 sets of duvets and pillows for my twin daughters at the end of Sept but I didn't start using the pillows until last week as my daughters are a bit young. After the first night I went into their bedroom and noticed stuffing had come out of the pillows. I was very anxious that my daughter had swallowed any or could have choked on the stuffing, I contacted the company who said any faults should have been reported within 30 days. They clearly ignored health and safety concerns, I bought the product through Amazon and they have said that the problem needs to be resolved with the Seller Linens Limited. I have been in touch with Trading Standards there is similar feedback on the amazon website I would like a refund but most importantly after reading similar feedback I feel the product should be removed what can I do?

bod1467

30 days is their own policy and has no basis in law. Up to 6 months from purchase, if a fault develops then it is for the retailer to prove the fault was caused by the buyer - in other words the fault is assumed to be inherent unless proven otherwise. (After 6 months the onus changes to the buyer to prove a fault was inherent).

Sale of Goods Act 1979.

After this length of time (almost 3 months) then you can request a specific remedy (e.g. refund), but the retailer can refuse and offer an alternative remedy if the requested remedy is disproportionately costly. However the basis is that they MUST offer a remedy - repair, replace, refund. (i.e. by this time you will be deemed to have "accepted" the goods and so cannot simply demand a refund).

(A refund could be partial to account for use, but any retailer that reduces a refund for items that go faulty in under 6 months would deserve condemnation and to have their name splashed everywhere as people to avoid).