Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE)

oliverhale · 25 August 2010 at 9:40PM

I have a generic question.

If something does not lasted a reasonable amount of time (SAD FART!), but the store say they will repair it, do you have a right to have a refund instead of the repair?

jlwhite · 25 August 2010 at 11:59PM

My husband bought me a Sony reader for Xmas which was £250. About 3 weeks ago the battery life started to deteriorate (only lasting a few days after charging- dieing suddenly- running down when not being used etc.) It has a lithium battery and one of the things they advertise is that it can last a long time between charges (which it did when I first got it). I have looked online and it appears that this isn't a one off. I would like a refund so I can get a different make rather than a few more months down the line having even more of a fight if a replacement goes wrong. It was bought from John lewis. Anyone have any advice on whether I can get a refund rather than a repair/ exchange?

jgriggle · 26 August 2010 at 5:55PM

oliverhale wrote: »

I have a generic question.

If something does not lasted a reasonable amount of time (SAD FART!), but the store say they will repair it, do you have a right to have a refund instead of the repair?

It depends on what the item is and how long you've had it.

If you've had the item for a while, and you want a refund the retailer is entitled to give you a partial refund to reflect the use and enjoyment you've had from the product up to now.

Sinonthenet · 27 August 2010 at 10:23AM

Another legal question - (albeit my mum is particularly good at this, and always sends thing to the head office rather than local and gets great results).

If you buy (say a digital radio), 6 months in it fails, the manufacturer (not the internet company) replaces it as it's faulty (didn't know to send it back to the seller at the time). 1year later the replacement fails. If this keeps going for 3 replacements (so far), is the contract you have against the original item bought, rather than the replacement? If a product line is faulty you will never receive a product which will be "fit for purpose", but the manufacturer may still continue to replace until time runs out?

Is there a defined point where you can say " I have had xx replacements already, please provide partial refund , instead"?? (appreciate I am stuffed as the contract is not with the manufacturer - but wondering about the principle)?

Sinonthenet · 27 August 2010 at 10:33AM

PS: Costco has one of the best returns policy (depending on who you are). They have a no quibble policy, and I have seen people get refunds for flowers that went dead 2 days after purchase.. but didn't have the flowers as proof .. only the receipt. Now, I do not advocate people taking advantage of this type of thing, but it does give me confidence when I buy laptops etc from them.

lizmcfin · 27 August 2010 at 12:53PM

Hi all

I have pasted below a complaint that I recently sent to a lighting retailer and their response. I believe i am entitled to a refund on 2 points - firstly that they didn't supply the lights within a reasonable time - 3 months as opposed to the agreed 3-4 weeks, and secondly that one of the lights isn't the one we ordered. If anyone has time to read through and provide their views I would be grateful - I realise I should have recorded the dates better.

many thanks

sent 30th July by email:
"My husband and I attempted to buy 3 lights from **** on 7th March 2010:

- clarence 5lt chrome - £99
- clarence 9lt chrome - £199
- 2lt CC WB CW crystal dessing - £58.50

We were told it would take 3 - 4 weeks for the lights to come in and that we had to pay up front. We chased the lights on several occasions and eventually some time in early June were told that the 2 chandeliers had come in but the wall light had been discontinued. My husband was told this by phone and agreed that he would need to dicsuss with me whether we still wanted the lights without the wall one (as we bought them to match each other). A member of staff then phoned back and said that there was an ex-display wall light available and that therefore all our lights were in.

I phoned and explained that we were not happy with an ex-display model but might consider continuing with the order if it was free with the 2 chandeliers given the huge delay on our order and all the messing around. A member of staff rang back to say that we couldn't have it for free but could have it at a reduced price. I confirmed we did not want it at a reduced price and wanted a refund instead. I asked the staff what we had to do to get a refund and was told that we had to go into the store with the receipt and the original payment card and that it would be refunded.

We live in ***** and my husband works in ***** and we spend a lot of weekends away. As it was my husband's card, he needed to go into the store to get the refund and it was a couple of weeks before he could get there. When he did go in to the store to get a refund, he was told that he couldn't have a refund as all the lights were now in. Unfortunately I wasn't with him so wasn't able to confirm what had been agreed by telephone so he agreed with the sales assistant that he would speak with me to decide what we wanted to do.

I have today spoken with '****' ( I requested her surname which she refused to give saying she 'is the only manager' so I hope it is clear who I am talking about) who told me initially that the wall light had arrived and that it wasn't ex-display. I said we'd been told it had been discontinued. She then said that in fact it was a different but nicer one and she was doing us a favour by doing it for the same price.

I explained that we do not want any of the lights ( and certainly not a wall light we haven't even seen). We bought them in good faith that they would arrive in 3 - 4 weeks and had arranged for them to be fitted at the end of April. **** have not fulfilled the contract in that it has taken 3 months+ for the lights to arrive, and even then, what we ordered hasn't arrived. I made it clear in June that we wanted a refund and was told that all we had to do was come into the store with our card for a refund. **** said ***** don't do refunds so none of her staff would have told me that. She then said she cannot do refunds and that she is an employee. I asked who I needed to speak to instead and was told to write to head office.

Please can you acknowledge my complaint. Please can you now provide the refund of £356.50 that we are entitled to following your breach of contract."

response received 26th August by email:

" I have investigated this, and I have found that initially you wanted a matching set, but unfortunately at the time of ordering, we didn’t run a wall light in this range, thus a similar one was found which was ordered.
This substitute was unfortunately discontinued, due to difficulty in manufacturing. Luckily during this time, we have actually received the brand new addition to the Clarence range which is a matching wall light as pictured below, this is a slightly more expensive fitting but as a good will gesture will be offered to you at the same price, and is an exact match for the ceiling lights ordered. All 3 of these lights are in store now awaiting collection."

adh983 · 27 August 2010 at 5:22PM

Hi All

If i take something back to a shop with a problem within 6 months, and the shop want to send it back to the manufacturer for repair, are they obliged to offer me a replacement in the meantime, as if not there is a possibility that i may be without the product for a number of weeks. If its an item you use on a daily basis i.e a buggy this could could alot of inconvenience.

Thanks

oliverhale · 27 August 2010 at 7:03PM

jgriggle wrote: »

It depends on what the item is and how long you've had it.

If you've had the item for a while, and you want a refund the retailer is entitled to give you a partial refund to reflect the use and enjoyment you've had from the product up to now.

Thanks for the info

hawker955 · 30 August 2010 at 10:03AM

In November 2009 we ordered a new bathroom from Dolphin. Things went badly from the start when they twice took the deposit and put me over my limit giving me a penalty which they have not refunded.

Work for this "seven-to-ten day" job started in February and to cut a long story short we have had numerous faults and problems.

The fitters failed to turn up on twelve of the thirty two days they were booked.
Dangerous electrics (according to Dolphin's inspector but now sorted apart from holes in the wall around the bathroom light-switch)
A shower that falls off the wall despite three attempts to fix
A toilet that does not flush properly
A sink pipe that drains uphill
A sink and bath that drain into the shower basin
Holes in the ceiling below the bathroom made "to save time" and left unrepaired
Holes in the ceiling where the wrong lights were put in the wrong place
Virtually all fittings left loose on the wall
Heated towel rail that does not work
An airing cupboard door replaced so badly it is almost a joke
Damage to the stairs to the bathroom
Underfloor heating that was left exposed and walked on for weeks (not a good thing apparently)
Numerous leaks (now sorted)
A toilet outflow pipe left uncapped until we pointed out the flush pouring down the outside wall
Rubble left a couple of metres from the front door for weeks (sorted)
Various cosmetic faults
A project manager who failed to turn up when promised, unreturned phone calls, and dubious excuses fromn the fitters when they were chased up.

Eventually we stopped Dolphin from coming as they caused so much damage and left so many faults, and we were seventy days after the start of work. A Master Builder has described the work as amateurish and shoddy.

We have photographs, a detailed history with dates, events and all phone calls noted. We paid by a combination of two credits cards and one company has been helpful (MBNA) the other (Lloyds TSB) obstructive and awkward. The latter is not responding to Section 75. We have just contacted the Financial Ombudsman and are awaiting a response.

I will go to court if required but is that the only response if a company does not respond to Section 75?

Thanks in advance.

vicki14 · 30 August 2010 at 11:14AM

hi can anyone give me any help please!!!.

i was in tescos on saturday late afternoon (wasnt feeling that well) went to go to the toilets only to ind out that tescos had closed the main toliets for 'REGULAR MATIENCE' bear in mind nobody was working in them doors were locked. and the que for the disabled toilet was at least 45 mins long. anyway finished my shopping. went to get lottery and cigarettes i asked for 100 richmond (please i do not wish anyone to make comments that smoking is bad for me please its my choice). the cigarettes and lottery were given to my carer totally bypassed me (im in a wheelchair to a neruological condition). left the store went home and fell asleep so was up during the night i fancied a cigarette went to the draw got a packet out and 1 cigarette. it tasted funny turned on the main lights to find out why and the sales assistant had given my carer RICHMOND SMOOTH. carer has phoned the store gone into the store and they refuse to even exchange the 4 un-opened packets. compalints dept refuse to even do anything!!!. please can anyone help.

Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE)

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