Personalised item FAULTY, shop not refunding

TheClaireBear · 4 May 2018 at 4:27PM

Thanks for reading - where do I stand here?

Bought personalised garden tools from online retailer (it was a Christmas gift from my MIL).

It fell apart in the packaging, they offered a refund or replacement, MIL chose replacement.

Replacement came, seemed fine, put away until the spring.

Used recently for gardening, same fault occurred during first use.

They are refusing to refund for the following reasons:
1) Item has been used.
2) Item is personalised.
3) It has been over 30 days. Note - the first complaint was within 30 days.

Surely my MIL is still entitled to a refund? Looking online it seems retailers MUST refund faulty goods even if personalised. Does this trump anything in their own Ts&Cs?

Thanks in advance!

Aylesbury_Duck · 4 May 2018 at 5:13PM

Push them harder. If goods are faulty, it doesn't matter if they're personalised or not. They're still faulty. You're not choosing to return them because you've changed your mind. Of course you've used them. How else is a customer to test if they're fit for purpose? The 30 days is usually for discretionary refunds - again, when someone changes their mind or wants to change colour/size, etc. If you say that the items have failed on first use, the onus is on them to prove that you've had reasonable use from them. If they look as good as new but broken through poor quality or manufacture, they will have a hard time proving that.

In short, you are entitled to a refund.

unholyangel · 5 May 2018 at 12:18PM

When did your mum purchase them? Any fault in the first 6 months is assumed to be inherent and its for the retailer to prove otherwise (assuming she purchased from a UK company).

TheClaireBear · 8 May 2018 at 4:43PM

Thank you both. She bought them in December, so we are within the 6 months. They just keep quoting their Ts&Cs at me, saying they cannot refund goods within 28 days. Am I right in saying that Consumer Rights Act trumps any terms they might have?

Aylesbury_Duck · 8 May 2018 at 7:11PM

TheClaireBear wrote: »

Thank you both. She bought them in December, so we are within the 6 months. They just keep quoting their Ts&Cs at me, saying they cannot refund goods within 28 days. Am I right in saying that Consumer Rights Act trumps any terms they might have?

Yes. A retailer's terms and conditions cannot undermine the CRA. They may enhance the terms but not detract from them.

TheClaireBear · 14 May 2018 at 4:40PM

I won

Just kept at them and told them they were in breach of the act - worked after about five emails. Yay!

Personalised item FAULTY, shop not refunding

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