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Quick questions on Consumer Rights

edited 20 April 2011 at 9:49AM in Consumer Rights
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  • Ok, thank you. That is good to know.
  • edited 19 August 2019 at 10:49AM
    unholyangelunholyangel Forumite
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    edited 19 August 2019 at 10:49AM
    Bazatron wrote: »
    Hi, Hope someone can advise me on this. I purchased a handbag from John Lewis 3 months ago, it is faulty and I would like a replacement. However, I have been told as they don't have the same colour in stock I can only get a different colour bag (which I am fine with) however, at full price, so I have to pay them more money, losing the original discount. I don't have a receipt but have provided proof of purchase in a bank statement, it is a John Lewis branded product, so could not be from anywhere else. I really don't want to pay more money to replace a faulty item, seems unfair. They won’t repair or refund the bag either. Customer service has agreed the bag is faulty but are unable to do anything as it is at the store managers discretion what they choose to do, if anything. Are they allowed to charge me more to replace a faulty item?

    Technically, to be a replacement under the Consumer Rights Act, it needs to be like for like. In those circumstances, the trader has to cover all costs involved with supplying that replacement. So strictly speaking, this isn't a replacement. More like a credit note towards a new purchase.

    However, you cannot insist on either repair or replacement if they are impossible or disproportionately costly.

    Unfortunately, this usually happens with discounted goods - particularly end of line discounts (which it sounds like this may have been, having none left of the one you purchased) because a replacement can be impossible due to it being end of line and a repair will often be disproportionately costly.
    Money doesn't solve poverty.....it creates it.
  • I bought an integrated cooker from ao, got an electrician myself to fit it, the cooker is faulty, the hotpoint engineer has been out and advised a new cooker and that ao would fund fitting. I rang ao who are happy to replace but will not paying for fitting, say is not policy. Who’s responsibility is it? I don’t want to be out of pocket again when the product is clearly faulty.
  • unholyangelunholyangel Forumite
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    Hmac123 wrote: »
    I bought an integrated cooker from ao, got an electrician myself to fit it, the cooker is faulty, the hotpoint engineer has been out and advised a new cooker and that ao would fund fitting. I rang ao who are happy to replace but will not paying for fitting, say is not policy. Who’s responsibility is it? I don’t want to be out of pocket again when the product is clearly faulty.

    How long ago did you purchase? Who arranged the hotpoint engineer?
    Money doesn't solve poverty.....it creates it.
  • reetnproperreetnproper Forumite
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    Hello, the Solid State Drive on my not quite 2yr old Surface Laptop has suffered a catastrophic failure. The laptop is out of warranty by 6 months but not one to take things lying down, I googled to see if I had any rights because, frankly, I would expect the hard drive on a Surface Laptop, and more specifically a Solid State Drive which by it's very nature it's supposed to be more robust, to last significantly longer than 2 years.

    Researching Consumer Rights, I came across the phrase 'expectation of life' of a product in a forum comment but can't actually find a reference to a specific bit of legislation. The example given was 'expectation of life' for a washing machine would reasonably be 6 years.

    For background: Laptop gently used for blogging, emails, photos etc. Never left the house since being unboxed.

    Any advice gratefully received. Thanks in advance.
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  • Aylesbury_DuckAylesbury_Duck Forumite
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    Hello, the Solid State Drive on my not quite 2yr old Surface Laptop has suffered a catastrophic failure. The laptop is out of warranty by 6 months but not one to take things lying down, I googled to see if I had any rights because, frankly, I would expect the hard drive on a Surface Laptop, and more specifically a Solid State Drive which by it's very nature it's supposed to be more robust, to last significantly longer than 2 years.

    Researching Consumer Rights, I came across the phrase 'expectation of life' of a product in a forum comment but can't actually find a reference to a specific bit of legislation. The example given was 'expectation of life' for a washing machine would reasonably be 6 years.

    For background: Laptop gently used for blogging, emails, photos etc. Never left the house since being unboxed.

    Any advice gratefully received. Thanks in advance.
    Get an independent inspection to see if the failure was due to an inherent fault. If it was, you may have a case to take it up with the retailer.
  • I bought some boots from an online shop recently.
    I cancelled the order because they didn't dispatch them when they said they would. They sent them anyway after I sent a formal notice cancelling the order.
    Who pays to return them so I can get my money back?
  • unholyangelunholyangel Forumite
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    chris667 wrote: »
    I bought some boots from an online shop recently.
    I cancelled the order because they didn't dispatch them when they said they would. They sent them anyway after I sent a formal notice cancelling the order.
    Who pays to return them so I can get my money back?

    Do the terms state contract is only formed on dispatch?
    Money doesn't solve poverty.....it creates it.
  • Yes they do. With a typo. From their T&Cs:
    ...All orders are subject to acceptance by us , and we will confirm such acceptance by sending you an email that confirms that the product has been dispatched ('Dispatch confrimation' / 'Shipping confirmation'). The contact between us ("contract") will only be formed when we sned you the dispatch confirmation. The contract will relate only to those products we have confirmed in the disptach / shipping confirmation.
  • unholyangelunholyangel Forumite
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    chris667 wrote: »
    Yes they do. With a typo. From their T&Cs:

    Then there was never a contract for the goods. You can legally withdraw an offer before it is accepted at any point. If they don't have a system that flags cancelled orders, thats entirely within their control.

    Of course, they have your money. So I would speak to them, and if they won't budge then you may need to make a choice on whether a few quid is worth making a stand and spending more time/effort on.
    Money doesn't solve poverty.....it creates it.
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