Retailer refused to give refund for faulty item, what I can do?

AJXX

For £10 you have to raise the question if going down the legal/SOGA route is actually worth it.

I doubt from what the OP describes the bloke in the shop is going to be clued up on SOGA (yes, he SHOULD be, but this is the real world, and a small repair shop likely a one man band probably isn't)

Therefore the OP is going to be up against this and have to put work into getting a refund.

Personally I don't think it is worth it for £10. I'd find something else in the shop for that value and move on, never buy anything from them again.

agrinnall

There must be more to it than that, the implication of the quoted section when taken on it's own is that the buyer can tell the seller that they are rejecting the goods then take them back 10 years later and demand a full refund. If that's so then I'm just going to reject everything I order as soon as it arrives and when it's worn out or broken, take it back for a refund

unholyangel

agrinnall wrote: »

There must be more to it than that, the implication of the quoted section when taken on it's own is that the buyer can tell the seller that they are rejecting the goods then take them back 10 years later and demand a full refund. If that's so then I'm just going to reject everything I order as soon as it arrives and when it's worn out or broken, take it back for a refund

Well no, the section says that goods do not have to be returned in order to be deemed as rejected and it specifically includes the words "where he (the buyer) has the right to do so (to reject them)".

However as MSE advises, as a general rule of thumb, you are usually entitled to a refund if its within 30 days of purchase - and indeed next year this will be clarified in law by making 30 days the minimum period for acceptance.

frugal_mike

And the Sale of Goods Act also explicitly says that rejection does not require the consumer to return the goods, so the goods were deemed rejected as soon as OP informed the seller they were faulty.

Edit: Looking into that, that may only apply where goods are delivered.

frugal_mike

agrinnall wrote: »

There must be more to it than that, the implication of the quoted section when taken on it's own is that the buyer can tell the seller that they are rejecting the goods then take them back 10 years later and demand a full refund. If that's so then I'm just going to reject everything I order as soon as it arrives and when it's worn out or broken, take it back for a refund

The statute of limitations is 6 years, so you certainly can't go back 10 years later.

unholyangel

frugal_mike wrote: »

And the Sale of Goods Act also explicitly says that rejection does not require the consumer to return the goods, so the goods were deemed rejected as soon as OP informed the seller they were faulty.

Edit: Looking into that, that may only apply where goods are delivered.

I think you missed my other post.

For the purposes of the SoGA - delivery means when the goods are transferred from the retailer to consumer, it doesnt mean delivery to a distant place.

frugal_mike

unholyangel wrote: »

I think you missed my other post.

For the purposes of the SoGA - delivery means when the goods are transferred from the retailer to consumer, it doesnt mean delivery to a distant place.

Sorry, I completely missed your other post. I wasn't aware that that phrase was to be interpreted in that way though. They could have made that a little clearer.