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Shop refund problems

Samos1
Posts: 3 Newbie
On the 27/12/19, I purchased an gun from a shop for £85 on my Credit Card (Mastercard) - but returned it on the 13/1/20 as there was a problem with the safety locking feature.
I didn't request a refund, and instead exchanged it for a better more expensive gun with a £120 payment for the difference, however, I paid the £120 with my Marbles Credit Card (Mastercard). The new gun was £205 (£85 for previous gun + £120 extra paid with new card).
Unfortunately, after about 50 shots, there was noticeable grinding in the gun making it difficult to use & it would've been causing internal damage.
I returned it today initially asking for a replacement, but the guy in the shop said he'd return it to the manufacturer to check over. I wasn't happy with this, as I believe I'm entitled to a full refund or replacement within 30 days for a brand new product.
I asked for a refund at this stage.
The employees in the shop kept phoning the shop owner & said they can't process a refund without him bring present & inspecting the gun.
After over an hour in the shop, I eventually left with a replacement - but upon close inspection, there are 2 cracks in the stock (handle) that appear to be a manufacturing defect.
The owner was really difficult to deal with when I spoke to him via the phone, & I even cited the "30 day refund policy", to which he replied: "how do I know you're not making this up".
By 5PM the shop was closing, so I left with a replacement that is cosmetically defective.
Please can somebody tell me where I stand as this shop owner is really difficult to deal with?
What can I do?
I didn't request a refund, and instead exchanged it for a better more expensive gun with a £120 payment for the difference, however, I paid the £120 with my Marbles Credit Card (Mastercard). The new gun was £205 (£85 for previous gun + £120 extra paid with new card).
Unfortunately, after about 50 shots, there was noticeable grinding in the gun making it difficult to use & it would've been causing internal damage.
I returned it today initially asking for a replacement, but the guy in the shop said he'd return it to the manufacturer to check over. I wasn't happy with this, as I believe I'm entitled to a full refund or replacement within 30 days for a brand new product.
I asked for a refund at this stage.
The employees in the shop kept phoning the shop owner & said they can't process a refund without him bring present & inspecting the gun.
After over an hour in the shop, I eventually left with a replacement - but upon close inspection, there are 2 cracks in the stock (handle) that appear to be a manufacturing defect.
The owner was really difficult to deal with when I spoke to him via the phone, & I even cited the "30 day refund policy", to which he replied: "how do I know you're not making this up".
By 5PM the shop was closing, so I left with a replacement that is cosmetically defective.
Please can somebody tell me where I stand as this shop owner is really difficult to deal with?
What can I do?
0
Comments
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There is no automatic right to a refund for a product bought in a shop. However if the product develops a fault within the first 6 months it is deemed to be an inherent fault unless the retailer can prove the fault was due to misuse etc. So allowing them to send it to the manufacturer is entirely a reasonable course of action. By accepting a replacement whatever was wrong with the previous one is now history. If the current one is defective then you will need to pursue this matter with the retailer.
The credit card company are unlikely to be interested until you have attempted (and failed) to get the matter resolved with the retailer.0 -
You bought a gun?
What sort of gun? (I am assuming air pistol/rifle)
What make and model?0 -
Yes he did
Makes no difference, faulty is faulty (could be a shotgun)
Might be relevant if there is a history of faults with that particular type/model0 -
Hello,
After noticing the fault, I did Google the issue & it seems it's a very commonly reported problem.
The gun is galling, meaning metal is rubbing on metal.
The gun is a Weihrauch HW99 - and if you enter "HW99 galling" into a search engine, you'll see what I mean.
I thought brand new items bought from a shop had a 30 day refund or replacement policy under the consumer rights act 2015?0 -
TadleyBaggie wrote: »There is no automatic right to a refund for a product bought in a shop. However if the product develops a fault within the first 6 months it is deemed to be an inherent fault unless the retailer can prove the fault was due to misuse etc. So allowing them to send it to the manufacturer is entirely a reasonable course of action. By accepting a replacement whatever was wrong with the previous one is now history. If the current one is defective then you will need to pursue this matter with the retailer.
This isn't correct.
https://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted
The consumer has the right to reject goods outright for a full refund within 30 days regardless of where they were purchased. The presumption that the goods did not conform to the contract at the time of sale doesn't apply if exercising this right and the retailer can request the consumer demonstrate the fault.
https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted
(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—
(a)after one repair or one replacement, the goods do not conform to the contract;
If the consumer accepts a repair or replacement but the goods continue not to conform to the contract then the buyer is entitled to reject them for a full refund (or a reduced refund if appropriate after 6 months or in pursuit of a reduced price whilst retaining the goods).In the game of chess you can never let your adversary see your pieces0 -
The above is correct, with one caveat ... the 30 day Initial Right To Reject places the onus on the consumer to prove that an inherent fault exists (should the seller require so). This allows the consumer to demand a full refund. After 30 days and before 6 months any fault is assumed to be inherent and the seller must provide a remedy - repair, replace, refund.
To the OP's situation ... the 1st purchase is history - it doesn't (really) take any part in the story. The 2nd purchase is where the story lies; the galling was the 1st fault and was remedied via provision of a replacement - the replacement also has a fault therefore the consumer (OP) can exercise his Final Right To Reject for a full refund.
If the seller won't comply with their legal liabilities then the OP can raise a Section 75 claim with his credit card provider ... S75 makes the credit provider jointly and severally liable with the seller for the performance of the contract.0 -
Thank you for the replies.
I've got into contact with Marbles (Mastercard) today, and they've sent an S75 claim form to me. In the process, the representative asked me for all the details of the purchase.
They instructed me to submit evidence upon receipt of the claim form, however, the galling gun has gone - so I now only have a gun with a defective stock (handle).
I have a friend as a witness to yesterday's shop attendance, and a replacement defective gun, but that's all.
Are these s75 claims generally successful, and if I take images of the current gun fault - can anyone envisage my chance of a successful claim?
Are Trading Standards a worthwhile look into, or should I just stick with my current s75 claim?
Also, would one final call to the gun shop be worthwhile?0
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