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Help with my consumer rights please

2

Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    I think you need (re)training regarding SoGA, Andy. Littlewoods' terms and policies do not supersede legislation.

    http://sogahub.tradingstandards.gov.uk/sogaexplained - item 5 is worth reading.
  • frugal_mike
    frugal_mike Posts: 1,687 Forumite
    bod1467 wrote: »
    I think you need (re)training regarding SoGA, Andy. Littlewoods' terms and policies do not supersede legislation.

    http://sogahub.tradingstandards.gov.uk/sogaexplained - item 5 is worth reading.

    And they seem to have conveniently ignored the Distance Selling Regulations altogether.
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    Hi Koverton,

    All items that are installed/connected or assembled are non returnable under our Home Approval Guarantee and this is explained at the time of order. Under the Sales of Goods Act, by assembling the goods you are accepting the goods as they are.

    If you would like to email us at Help@Littlewoods.co.uk we can check to see what item was ordered as there may have been an error at the point of order.

    Many Thanks,
    Andy F
    Littlewoods Help Team

    Andy, can you confirm that a Littlewoods would accept a return under the distance selling regulations? Also, as Littlewoods do not make mention of a customer being responsible for the return carriage, I am sure you are aware that Littlewoods are responsible for covering the costs of the return.

    OP, send an email to Littlewoods cancelling the contract under the DSRs. As you have to advise them within 7 working days starting the day after delivery, it is worth covering yourself anyway.
  • fozzeh
    fozzeh Posts: 994 Forumite
    Part of the Furniture Combo Breaker Home Insurance Hacker! Car Insurance Carver!
    bod1467 wrote: »
    I think you need (re)training regarding SoGA, Andy. Littlewoods' terms and policies do not supersede legislation.

    http://sogahub.tradingstandards.gov.uk/sogaexplained - item 5 is worth reading.

    Andy, think you need your supervisor to reply to the above :rotfl:
  • robatwork
    robatwork Posts: 7,268 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Hi Koverton,

    All items that are installed/connected or assembled are non returnable under our Home Approval Guarantee and this is explained at the time of order. Under the Sales of Goods Act, by assembling the goods you are accepting the goods as they are.

    Well done for posting, firstly. I wish more companies did.

    However please don't continue to make yourself and your company look foolish by implying that your Home Approval Guarantee somehow subsumes or replaces the SoGa or DSR.

    OP I hope you take this matter further - to court if needs be.
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    What are the chances we don't see the Littlewoods rep on this thread again?
  • Littlewoods
    Littlewoods Posts: 160 Organisation Representative
    Hi All,

    We usually only ever respond to the customer affected as it is their account; however, as there are a few questions then we thought we would come back on.

    We would accept a return under Distant Selling Regulations, we have to as this is the law. The customer has to quote this to us in writing within 7 working days of receipt.

    Our returns policy state:

    Your Right To Cancel Your Order under Distance Selling Regulations

    For most items, you have the legal right to cancel your order within 7 working days of receipt. However this right does not apply to personalised products, perishable goods and audio & video recordings and computer software which has been opened. If you wish to cancel using this right, you need to inform us in writing within 7 working days, starting the day after you received the goods. You must also take reasonable care of the goods and return them to us or make them available for collection. We will not consider that you have taken reasonable care of the goods if they have been used in a way, or to an extent, beyond what would be reasonable when examining them in a shop before purchase. You will be responsible for the cost of returning the goods to us, including the collection cost, if you cancel under Distance Selling Regulations.

    http://www.littlewoods.com/help/en/online-help-system#plckforumsearchtext=distant%20selling&plckforumpage=ForumDiscussion&plckdiscussionid=Cat%3A8ab7caf3-d385-4234-bd91-fa5026ca8214Forum%3Afdcbef79-1c89-4d07-b7f2-9f2e878e77ceDiscussion%3Aa335c14a-0ba8-4f57-80ff-9ba43a5f71d3&plckforumpostshowfirstunread=&plckfindpostkey=

    In regards to the Sales of Goods Act.

    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.

    By opening and building the bed, we would say that the customer has inspected the goods and has accepted the goods as they are.

    We'd be happy to deal with the customer directly.

    Many Thanks

    Lizzie
    Littlewoods Help Team.
    Official Company Representative
    I am the official company representative of Littlewoods MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    Hi All,


    Our returns policy state:

    Your Right To Cancel Your Order under Distance Selling Regulations

    For most items, you have the legal right to cancel your order within 7 working days of receipt. However this right does not apply to personalised products, perishable goods and audio & video recordings and computer software which has been opened. If you wish to cancel using this right, you need to inform us in writing within 7 working days, starting the day after you received the goods. You must also take reasonable care of the goods and return them to us or make them available for collection. We will not consider that you have taken reasonable care of the goods if they have been used in a way, or to an extent, beyond what would be reasonable when examining them in a shop before purchase. You will be responsible for the cost of returning the goods to us, including the collection cost, if you cancel under Distance Selling Regulations.

    By what durable medium do you send that information to the customer?
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    By opening and building the bed, we would say that the customer has inspected the goods and has accepted the goods as they are.

    How else are you supposed to see if items are working/ as described etc other than by opening and potentially building them?

    You sell a black item and send a white one, you arent going to win any claim in any court that black is white just because the customer opened it :rotfl:
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Oh dear this representative is not making littlewoods look good
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