consumer rights act vs Ts & Cs

cfl

Hi

We purchased a chair fro HSL. ordered and paid for November 18th 2017. It was delivered on 21st January (Last Sunday)

The chair is damaged and has a fault on one of the legs (doesn't screw into hole)

We phoned the shop immediately and told them we wanted a refund.

Customer services are saying we have to have the chair inspected by one of their techs before they will give a refund as this is in their Ts & Cs

Consumer Rights Act states that the onus is on the supplier of the goods to prove fault (not the purchaser) if reported within 1st 30 days.

Could someone tell me which rule I follow. HSL's or Consumer Rights?

I want the chair gone as it is now tainted and it is in the way, but they are dragging their feet.

Thanks

custardy

cfl wrote: »

Hi

We purchased a chair fro HSL. ordered and paid for November 18th 2017. It was delivered on 21st January (Last Sunday)

The chair is damaged and has a fault on one of the legs (doesn't screw into hole)

We phoned the shop immediately and told them we wanted a refund.

Customer services are saying we have to have the chair inspected by one of their techs before they will give a refund as this is in their Ts & Cs

Consumer Rights Act states that the onus is on the supplier of the goods to prove fault (not the purchaser) if reported within 1st 30 days.

Could someone tell me which rule I follow. HSL's or Consumer Rights?

I want the chair gone as it is now tainted and it is in the way, but they are dragging their feet.

Thanks

Do you see the highlighted words?
Do you see how they go hand in hand?

Oakdene

cfl wrote: »

Hi

We purchased a chair fro HSL. ordered and paid for November 18th 2017. It was delivered on 21st January (Last Sunday)

The chair is damaged and has a fault on one of the legs (doesn't screw into hole)

We phoned the shop immediately and told them we wanted a refund.

Customer services are saying we have to have the chair inspected by one of their techs before they will give a refund as this is in their Ts & Cs

Consumer Rights Act states that the onus is on the supplier of the goods to prove fault (not the purchaser) if reported within 1st 30 days.

Could someone tell me which rule I follow. HSL's or Consumer Rights?

I want the chair gone as it is now tainted and it is in the way, but they are dragging their feet.

Thanks

Ummm you have kind of answered your own question there.

waamo

They want to check you haven’t damaged it which they are perfectly entitled to do.

custardy

cfl wrote: »

tykesi at least I'm not a moron.

I don't see the point in answering a post if you can't be helpful.

cfl wrote: »

Why are people so rude on this forum.

I just wanted some clarification but I can see that too many people on here are nasty.

I will not be coming back.

Indeed it was very rude to call you a moron,ooh wait ...............

theonlywayisup

cfl, if the damage/fault is not of your doing then the easiest thing to do is let the engineer call and confirm this to the company.

Fosterdog

Actually in the first 30 days under the short term right to reject it is down to the buyer to prove the fault, after the first 30 days and for the remainder of the first 6 months from purchase the onus reverts back to the supplier before once again reverting to the purchaser after the six month mark.

It is perfectly reasonable for them to want to inspect the chair before accepting your rejection.

neilmcl

cfl wrote: »

Hi

We purchased a chair fro HSL. ordered and paid for November 18th 2017. It was delivered on 21st January (Last Sunday)

The chair is damaged and has a fault on one of the legs (doesn't screw into hole)

We phoned the shop immediately and told them we wanted a refund.

Customer services are saying we have to have the chair inspected by one of their techs before they will give a refund as this is in their Ts & Cs

Consumer Rights Act states that the onus is on the supplier of the goods to prove fault (not the purchaser) if reported within 1st 30 days.

Could someone tell me which rule I follow. HSL's or Consumer Rights?

I want the chair gone as it is now tainted and it is in the way, but they are dragging their feet.

Thanks

Actually you have that wrong. If you are using the short-term right to reject (within 30 days) then the onus is very much on the buyer to prove the fault.

Either way the seller is entitled to ascertain what the fault is before giving you a remedy.