Consumer Rights - Shop has gone out of business

cobster

Hi, I wonder if someone could help me please? Last April I purchased a commode for my elderly aunt from her local disability shop. The bracket on the seat has broken so I suggested to her carer that she goes back to the shop with the receipt and request a replacement bracket (it's a screw in type so easy to change myself I hope). The shop has closed and is now a takeaway restaurant. So I contacted the manufacturers who have said that it is nothing to do with them and I need to go back to the shop. Before I reply to the manufacturers, what are the consumer rights if the shop you purchased from is no longer trading? Surely the manufacturer has some responsibility? The commode cost £130 so it's not an item I want to replace.

Many thanks

Cobster

GreatBeyond

cobster wrote: »

Hi, I wonder if someone could help me please? Last April I purchased a commode for my elderly aunt from her local disability shop. The bracket on the seat has broken so I suggested to her carer that she goes back to the shop with the receipt and request a replacement bracket (it's a screw in type so easy to change myself I hope). The shop has closed and is now a takeaway restaurant. So I contacted the manufacturers who have said that it is nothing to do with them and I need to go back to the shop. Before I reply to the manufacturers, what are the consumer rights if the shop you purchased from is no longer trading? Surely the manufacturer has some responsibility? The commode cost £130 so it's not an item I want to replace.

Many thanks

Cobster

Is there a manufacturers warranty on the product?

shaun_from_Africa

Consumer rights are between the purchaser and the retailer who supplied the goods.
The only times that the manufacturer would have any responsibility for something like this is if you purchased directly from them or there is a manufacturers warranty in place that would cover the problem.


It would probably be best to contact the manufacturer again and ask about a warranty. If there isn't one, you could acknowledge that you know that they have no responsibility but would they consider supplying you with the part required as a gesture of goodwill.

reehsetin

Did you pay with a credit card?

s_b

send the commode back to the manufacturers and ask them to look into it for you

cobster

Thank you all so much. In answer to he questions raised: yes I did pay by credit card (so I guess I could claim through them) and I've just checked on the manufacturers website and their goods come with a 12 month warranty. I assume therefore I can ask them to replace under this warranty?

hollydays

Have you checked if the shop has moved to different premesis?

wealdroam

cobster wrote: »

Thank you all so much. In answer to he questions raised: yes I did pay by credit card (so I guess I could claim through them) and I've just checked on the manufacturers website and their goods come with a 12 month warranty. I assume therefore I can ask them to replace under this warranty?

Here's a short extract from MSE's Section 75 article:

If the retailer/supplier has gone bust - go to your credit card provider

Here it's clear-cut, you can't go to anyone else so the only option is to claim from the credit company. Simply call your credit provider and tell it what you're doing. Actually say: "I am making a claim under Section 75 of the Consumer Credit Act".

Lots of other good stuff in there too.

shaun_from_Africa

cobster wrote: »

yes I did pay by credit card (so I guess I could claim through them)

You would only have a claim against the credit card company if there was a breach of contract and at the moment, there is no way of knowing if this is the case.
Even though the commode has broken in under a year, this would have to be due to a manufacturing defect before the retailer or credit company would be liable and as it's more than 6 months from purchase, you could be asked to prove that the failure wasn't due to misuse.


Hopefully this won't happen and the manufacturer will repair or replace it for you.