T's & C's vs Consumer Rights

sammyg2912

Hi All,

I have a question regarding T's & C's and Consumer Rights.

So I purchased a metal detector on 11th Jan, and received it on 12th Jan, took it out on 13th Jan and it worked, I have taken it out again today and it appears to have an intermittent fault, the fault being that it would not detect metal!

Looking on retailers website I saw their T's & C's say this:

"GUARANTEE:
If you are not totally satisfied we offer a full 100% money back guarantee. The goods must be returned in their original packaging to (Retailer) within 14 days in the condition they were received. You must return the goods at your own cost within 14 days from receipt of goods on condition that the goods are un-used. The company will refund the value of the goods less carriage charges as long as they are returned suitably packaged & in an un-used condition with original packaging. If the goods are used in any way they will be deemed as accepted. Distance Selling Regulations do not affect your statutory rights under the sale of goods act. (1979)

RETURNS:
If you purchase from (retailer) by phone & internet you have right to return any goods. You must return the goods at your own cost within 14 days from receipt of goods on condition that the goods are un-used. The company will refund the value of the goods as long as they are returned suitably packaged & in an un-used condition with original packaging. If the goods are used in any way they will be deemed as accepted. Distance Selling Regulations do not affect your statutory rights under the sale of goods act. (1979)"

Now, the thing here is metal detecting is dirty work, and not only that but because you have to swing the detector it scuffs the bottom of it, which means it is impossible for this machine to be returned in "unused" condition.

Where do I stand on returning it and obtaining a refund?

Do they have to abide by legislation, or are their T's and C's used in its place because I accepted them?

Thanks,

Sammyg2912

waamo

Legislation is ultimate. You cannot contract out of legislation. The clue is in the word rights.

Warwick_Hunt

sammyg2912 wrote: »

Hi All,

I have a question regarding T's & C's and Consumer Rights.

So I purchased a metal detector on 11th Jan, and received it on 12th Jan, took it out on 13th Jan and it worked, I have taken it out again today and it appears to have an intermittent fault, the fault being that it would not detect metal!

Looking on retailers website I saw their T's & C's say this:

"GUARANTEE:
If you are not totally satisfied we offer a full 100% money back guarantee. The goods must be returned in their original packaging to (Retailer) within 14 days in the condition they were received. You must return the goods at your own cost within 14 days from receipt of goods on condition that the goods are un-used. The company will refund the value of the goods less carriage charges as long as they are returned suitably packaged & in an un-used condition with original packaging. If the goods are used in any way they will be deemed as accepted. Distance Selling Regulations do not affect your statutory rights under the sale of goods act. (1979)

RETURNS:
If you purchase from (retailer) by phone & internet you have right to return any goods. You must return the goods at your own cost within 14 days from receipt of goods on condition that the goods are un-used. The company will refund the value of the goods as long as they are returned suitably packaged & in an un-used condition with original packaging. If the goods are used in any way they will be deemed as accepted. Distance Selling Regulations do not affect your statutory rights under the sale of goods act. (1979)"

Now, the thing here is metal detecting is dirty work, and not only that but because you have to swing the detector it scuffs the bottom of it, which means it is impossible for this machine to be returned in "unused" condition.

Where do I stand on returning it and obtaining a refund?

Do they have to abide by legislation, or are their T's and C's used in its place because I accepted them?

Thanks,

Sammyg2912

Yes, as long as they’re based in this country.

theonlywayisup

Which country did you buy from.

Fosterdog

That looks more like a satisfaction guarantee/change of mind policy rather than your consumer rights for a faulty item.

You need to contact them to inform them that you are rejecting it as faulty rather than returning as change of mind.

Deastons

My understanding is that a company could write whatever they like in their terms and conditions but legislation overrules it.

Although can anyone actually point to an official link that says this?

Warwick_Hunt

Deastons wrote: »

My understanding is that a company could write whatever they like in their terms and conditions but legislation overrules it.

Although can anyone actually point to an official link that says this?

http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

pmduk

The key point which others have asked you is where the retailer is based. It's no use quoting UK legislation if you bought from the US.

unforeseen

What you have quoted from the site does not cover returning due to fault, it merely explains the procedure for change of mind.

What does it say about returning faulty items?

sammyg2912

Hi Guys,

I purchased from the UK, they are based in Birmingham.

There appears to be one section in their T's & C's about faulty goods:

"2.1 The Seller warrants that if any fault in the Goods due to faulty workmanship or materials is proved and the Goods are returned to the Seller at the Buyer's expense within twelve (12) months of their purchase the Seller will, at its own cost and at its own option, repair or replace the faulty Goods but subject as aforesaid and to the extent permitted by the Unfair Contract Terms Act 1977, all express or implied warranties or conditions statutory or otherwise are hereby excluded."

DoaM

That's still a load of rubbish ... costs for providing a remedy must be borne by the seller. Consumer Rights Act 2015 is the relevant statute, supported by the Consumer Contracts Regulations 2013 for online transactions.