Is Poundland's 1-week guarantee legal?

Tilt

The short answer to the question is yes. But equally you have your statutory rights under the sales of goods act to rely on.

arcon5

Actually short answer is no

statutory rights cannot be overridden so the term would not be complicit with the law

Mr_Norrell

Manusika wrote: »

Thank you Nada666! Yes I tested them on multiple devices. I was surprised by some answers; a pound is a pound and surely a Money Saving Expert doesn't disregard a pound. I was at home, sick as a parrot, with 25p to last the next 4 days, so suddenly a pound seemed a lot and I had time to spare and lacked the focus to do something more profitable.

Besides, there's a principle at stake. Of course I don't expect £1 headphones to be good, but I do expect any product sold in the UK to function.

For the first 6 months of a contract, a fault is deemed to be inherent and the burden of proof falls upon the retailer to prove otherwise.


To conform to the contract, goods must be of satisfactory quality according to s.14 Sale of Goods Act 1979 (The Act). Satisfactory quality is the standard that a reasonable person, or "the man on the Clapham omnibus" (per Greer LJ, Hall v Brooklands Auto Racing Club [1933] 1 KB 205), would consider satisfactory "taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances." (s.14(2A) SOGA))


Do I expect a £1 pair of earphones to have audio output in both ears? Yes. Do I expect them to last 10 years? No.


All this is fairly academic; the retailer should refund you as a matter of course because, as mentioned, the fault is deemed to be inherent.


Hope this helps.

Atidi

As per the Poundland's website:

What are your return / refund policies?

Q. What is Poundland’s return policy?

A. Poundland offers (at the sole discretion of the store manager) an exchange or refund on unopened items returned within 7 days of purchase. The item must be returned with a valid proof of purchase and in its original condition. For health and hygiene reasons, food items, jewellery, liquids, underwear, swimwear and other items from time to time are excluded. This is in addition to your statutory rights.

http://www.poundland.co.uk/help/faqs/#return
(My additional highlighting)
So it's not a 7 day guarantee, but a 7 day returns policy
Presumably if you found the item to be faulty, you've opened the package, so it wouldn't apply anyway

but also, where there is cause for complaint regarding an item sold

Q. How can I make a complaint about a product which I purchased from Poundland?

A. Any such complaint should initially be discussed with the manager of the store from which the product was purchased, or alternatively with the manager of your local Poundland store. When making the complaint, the product should be returned to the store, along with your till receipt or other proof of purchase. If the complaint cannot be resolved by the manager, the manager may complete a product complaint form which will then be forwarded, along with the product for investigation by our Customer Relations and Quality Assurance Team at Head Office. In such instances, you should expect to receive a response from our Customer Relations Team within 28 days of receipt of the product.

:cool: