Do a store's Ts and Cs take precedence over The Consumer Rights Act?

KimboFow123

Having a bit of a battle with Laura Ashley. I bought a rug in store on 10th April but due to having building works, I didn't want to damage it so kept it in its original packaging until last weekend when all the work was finished. When I opened it it had a pull in it and a small hole which stick out like a sore thumb. I emailed Laura Ashley to ask if I could have a replacement but the message I keep getting back is that I should have checked it within the 28 days in accordance with their terms and conditions.

On investigating I understand that, under the Consumer Rights Act, I can ask for a repair or replacement up to 6 months after purchase. I have told them this but I get a robotic response about their terms and conditions stating no returns or refunds after 28 days. I paid for the rug on a newly opened Laura Ashley credit card as it gave me 10% off my first purchase.

I'm a really good customer of the brand so am very disappointed with their lack of customer service but I don't know if I should keep pursuing as I get the same stock response every time, even through Facebook and Twitter.

Any advice gratefully received!

unholyangel

Send a letter before action and report them to trading standards.

They're potentially guilty of a criminal offence by misleading consumers about their rights.

Consumer rights act does only give 30 days for consumers to reject for a refund, but even if a fault doesn't become apparent until after that date, the retailer remain liable to provide a remedy.

The only problem you might have is if they claim you damaged it rather than it having being received that way.

unholyangel

Having looked at their website their own policy states 28 days unless they are faulty.

Are they aware the item is faulty? Have you pointed out their policy states "unless faulty" and if so, what was their reply?

ETA: perhaps point them in the direction of this page:
http://www3.hants.gov.uk/tradingstandards/tradingstandards-business/ts-business-goods/tsguide-returns.htm

Specifically this part:

Even the statement 'No refunds except where goods are faulty' would be illegal, as there are a number of cases where a consumer can claim a refund on goods that are not faulty (such as misdescribed goods).

agrinnall

unholyangel wrote: »

ETA: perhaps point them in the direction of this page:
http://www3.hants.gov.uk/tradingstandards/tradingstandards-business/ts-business-goods/tsguide-returns.htm

Specifically this part:

I'm not sure that is the right thing to point to as it's not what is happening in this case: the goods ARE faulty, so their 28 day exclusion is irrelevant anyway.

bod1467

That's the point devil woman is making ... the T&Cs do essentially state "No refunds except where faulty" and THAT is in breach of TS guidelines / illegal. It all adds weight to the OP's case.

agrinnall

bod1467 wrote: »

That's the point devil woman is making ... the T&Cs do essentially state "No refunds except where faulty" and THAT is in breach of TS guidelines / illegal. It all adds weight to the OP's case.

Well, if the OP wants to make it a crusade to fix Laura Ashley's T&C's then yes, it would help, but if all they want to do is get their problem fixed then simply pointing out that there is a fault is all that's needed.

unholyangel

agrinnall wrote: »

I'm not sure that is the right thing to point to as it's not what is happening in this case: the goods ARE faulty, so their 28 day exclusion is irrelevant anyway.

What bod said. Plus I've found that sometimes, when a company is rigidly sticking to their policy, if you can show them something official saying what they're doing is illegal/not allowed, they'll actually take notice.

And even if they don't, it then helps trading standards as it shows a wanton disregard for the law rather than just being ignorant of it.

bod1467

agrinnall wrote: »

but if all they want to do is get their problem fixed then simply pointing out that there is a fault is all that's needed.

There's nothing in what the OP has said to suggest they they haven't advised this to LA. The way I'm reading it, LA know there's a fault but are trying to hide behind their (illegal) T&Cs to avoid giving a remedy.

JimmyTheWig

If Laura Ashley want to stick to the Ts&Cs and under the Ts&Cs the OP is allowed a refund I would pursue this avenue.

unholyangel

JimmyTheWig wrote: »

If Laura Ashley want to stick to the Ts&Cs and under the Ts&Cs the OP is allowed a refund I would pursue this avenue.

KimboFow123 wrote: »

On investigating I understand that, under the Consumer Rights Act, I can ask for a repair or replacement up to 6 months after purchase. I have told them this but I get a robotic response about their terms and conditions stating no returns or refunds after 28 days.

For faulty items their policy actually states it needs to be reported within 3 days of delivery (at least according to what I read on their website). Again, misleading consumers about their rights and also falling foul of the Unfair Terms in Consumer Contract Regulations - exclusion of liability time limit on claims/disclaiming liability for faulty/misdescribed goods.

KimboFow123

That's right. I have pointed out that it is faulty but they are absolutely not budging!