What are my rights here?

superscaper

lokiman wrote: »

This is correct. They must either replace, repair OR refund, although there may be circumstances where only one of these is realistically an option.

Back to the original question, though, since Sports World has done absolutely nothing wrong, there's no recourse. If you choose to buy a product without checking to see if it's suitable for your needs, you can't expect to be able to get a refund from someone that sold it to you in good faith.

Agree, in this case the Sale of Goods Act doesn't apply anyway as far as refunding etc goes because there's no inherent fault and it wasn't missold. So the retailer is actually going beyond its legal obligations by offering a credit note.

superscaper

That's not to say the OP shouldn't complain. If they feel the customer service and their expectations were not met then they should make those feelings known to the company. Obviously they just can't use "legal obligations" as supportive of their argument. They can only argue from the point of view of what they'd personally consider good customer service or practice. There are plenty of shops that will give full refunds on clothes within a certain timeframe no questions asked. So it's not unheard of and it'd basically be the OP stating they wished this shop had that level of customer service. Whether anyone else believes they should or not doesn't really come into it. The customer isn't happy so they should let the shop know and it's down to the shop as to whether they change policy. The OP/customer can in practice demonstrate their view of the customer service by shopping elsewhere in future. But that's pretty much the limit of the OP's "powers" in this case.

advent1122

superscaper wrote: »

I don't think so. I've always understood from the Sale of Goods Act that they are obliged to repair, replace or refund, but not specifically one of those over another, no matter how long or short a time it's been. The only mention of 6 months is that the onus of proof of inherent fault is on the retailer rather than the consumer within the first six months but the same condition applies that it's up to the retailer whether they refund or replace or repair.

The only time they are obliged to refund is only under the Distance Seller Regulations when you have 7 days to rescind the contract (but of course you'd have to buy the item mail order/online).

If I take it back within a "reasonable time" - I would count next day as reasonable - Then BY LAW they have to refund.

Sales of good act - Faulty Items.
If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.

superscaper

advent1122 wrote: »

If I take it back within a "reasonable time" - I would count next day as reasonable - Then BY LAW they have to refund.

Sales of good act - Faulty Items.
If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.

I suppose it's moot anyway with the OP.

Blacksheep1979

advent1122 wrote: »

If I take it back within a "reasonable time" - I would count next day as reasonable - Then BY LAW they have to refund.

Sales of good act - Faulty Items.
If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.

Well done - that's classed as not accepting the product, as I previously said once you've accepted the goods it's not your choice

uktim29

Holeypockets wrote: »

Normally my missus would argue the case here but she was getting nowhere with these two.

What case, she hasn't got one.

Why do people argue about cases they haven't got/rights they make up in their heads?

How this reminds me how I hated working in retail.

advent1122

Blacksheep1979 wrote: »

Well done - that's classed as not accepting the product, as I previously said once you've accepted the goods it's not your choice

Why would you accept faulty goods???
Do you mean once they pop them in the bag they are accepted?
Or once you take the tv home, turn it on and it dont work. - Sorry mate you accepted it.
Do I phone them up after a few days and say "Hello- Is that M&S? I hereby offically accept those y-fronts I bought in your establishment".

andyrules

advent1122 wrote: »

Why would you accept faulty goods???
"Hello- Is that M&S? I hereby offically accept those y-fronts I bought in your establishment".

:rotfl::rotfl::rotfl:

Or, on the other hand, say "I've decided to reject the y-fronts because..."

reehsetin

acceptance should happen once youve examined the goods, if you checked them out in the store it would be straight away if it was in a packet or something which you didnt open and till you got home it should be then!


as far as i understand it anyway
edit: my notes on the subject if anyone is interested http://i210.photobucket.com/albums/bb8/reehsetin/soga.jpg

advent1122

reehsetin wrote: »

acceptance should happen once youve examined the goods, if you checked them out in the store it would be straight away if it was in a packet or something which you didnt open and till you got home it should be then!


as far as i understand it anyway
edit: my notes on the subject if anyone is interested http://i210.photobucket.com/albums/bb8/reehsetin/soga.jpg

So I still need to phone up M&S to tell them that I have examined my y-fronts in the comfort of my home and therefore accept them.
They will then log it into the accepted book and forward me a copy of my acceptance through the post 7 -10 days later.
In the meantime my tighty whiteys cant take the pressure of my substantial package and burst at the seams due to sub-standard Chinese thread.
Would I be able to take them back for a refund even though I have accepted them by opening the package and not finding a fault at the time of examination?