Quick questions on Consumer Rights

hippychicknos1 · 27 August 2011 at 7:33PM

Hi there....

Purchased a leather overnight bag for my son's Birthday at the end of May this year......He has used it twice for and after the 2nd use, the strap has completely broken off the bag, the leather fob has broken off the zip and part of the lining inside the bag has started coming away from the stitching.

We paid £135 for the bag and I tried to take it back today as I feel that 12 weeks is NOT a reasonable amount of time and she told me she would only replace or repair as it had past 28 days??? I have lost total faith in the product and the company and do not want her to repair or replace the product for the same thing to happen again....I think a reasonable person if asked "How long do you think a leather overnight bag would last?) would surely reply more than 12 weeks as we thought we were buying a quality product. I did pay for the bag with my Credit Card and definately want a refund.

Just a quick question.....Should I go through my Credit Card Company and if so, what should I quote......"Product faulty and not fit for purpose and did not last a reasonable amount of time?" or ??? Thank you in advance for any help. x

Optimist · 27 August 2011 at 9:36PM

hippychicknos1 wrote: »

Hi there....

Purchased a leather overnight bag for my son's Birthday at the end of May this year......He has used it twice for and after the 2nd use, the strap has completely broken off the bag, the leather fob has broken off the zip and part of the lining inside the bag has started coming away from the stitching.

We paid £135 for the bag and I tried to take it back today as I feel that 12 weeks is NOT a reasonable amount of time and she told me she would only replace or repair as it had past 28 days??? I have lost total faith in the product and the company and do not want her to repair or replace the product for the same thing to happen again....I think a reasonable person if asked "How long do you think a leather overnight bag would last?) would surely reply more than 12 weeks as we thought we were buying a quality product. I did pay for the bag with my Credit Card and definately want a refund.

Just a quick question.....Should I go through my Credit Card Company and if so, what should I quote......"Product faulty and not fit for purpose and did not last a reasonable amount of time?" or ??? Thank you in advance for any help. x

They are using 28 days as the point under the Sale Of Goods Act when you are deemed to have had reasonable opportunity to examine and accept the goods. At this point the shop are within their rights to repair or replace.

Your credit card company will not be interested as you have been offered a valid resolution.

asound · 28 August 2011 at 1:07PM

Hello everyone

I paid for the promotion video for YouTube through the firm www. ViewBoost .net. I paid for a package of 25 000 views, and they have done around 8000 and then stopped. Do not answer the mail, could not possibly get in touch with them .... has been paid via PayPal, but PayPal says it can not do anything because they are not concerned goods than services. Who should I contact in this case?

In the first email they promised 500-1000 views a day (11/07/2011), in the second they respond after I complained to PayPal they said they would finish the job for about 30 days. Since then he has gone for 45 days and are not made or third.

Thanks

wealdroam · 28 August 2011 at 2:55PM

asound wrote: »

Hello everyone

I paid for the promotion video for YouTube through the firm www. ViewBoost .net. I paid for a package of 25 000 views, and they have done around 8000 and then stopped. Do not answer the mail, could not possibly get in touch with them .... has been paid via PayPal, but PayPal says it can not do anything because they are not concerned goods than services. Who should I contact in this case?

In the first email they promised 500-1000 views a day (11/07/2011), in the second they respond after I complained to PayPal they said they would finish the job for about 30 days. Since then he has gone for 45 days and are not made or third.

Thanks

They say on their website...

What if i didn’t receive the package i paid for?:
We offer a full refund in-case of you didn’t receive the package you paid for. Although this has NEVER happened before.

You can even buy comments for your youtube video... amazing!

As you have found out, Paypal will only help with tangible goods.

They appear to be a US company.
You will struggle to get your money back.

You could try a chargeback with your credit/debit card company, but because Paypal are involved that too may be difficult.

Sorry, I don't understand your last sentence.

asound · 28 August 2011 at 7:48PM

Thanks again :beer:

Wagner · 31 August 2011 at 3:20PM

Hi all, on 10 May 2010 i bought a Haus washing machine from Argos (with a bank card if it makes any difference), and yesterday it packed up, well, it still works but the drum seems to have too much movement.

So i phoned Argos and asked if they would do anything about it, and i got a very abrupt no. So i started asking family and friends about it, and they all say that a manufacturers warranty is 5 years by law (??) and they should fix it.

Is this true or am i just going to have to get someone to look at it?

Many thanks in advance.

David

bris · 31 August 2011 at 3:34PM

Wagner wrote: »

Hi all, on 10 May 2010 i bought a Haus washing machine from Argos (with a bank card if it makes any difference), and yesterday it packed up, well, it still works but the drum seems to have too much movement.

So i phoned Argos and asked if they would do anything about it, and i got a very abrupt no. So i started asking family and friends about it, and they all say that a manufacturers warranty is 5 years by law (??) and they should fix it.

Is this true or am i just going to have to get someone to look at it?

Many thanks in advance.

David

No, it's not true, not the way they seem to think anyway. The SOGA says that an item should last a reasonable amount of time, this can be up to 6 years in England and Wales or 5 in Scotland.
A washing machine should however last more than 15 months. The law states however that if the retailer doesn't want to know then you would need to get an engineers report on the machine to prove it was inherantly faulty. If the report is in your favour the retailer should fix it and also refund the cost of the report.

Wagner · 31 August 2011 at 3:40PM

bris wrote: »

No, it's not true, not the way they seem to think anyway. The SOGA says that an item should last a reasonable amount of time, this can be up to 6 years in England and Wales or 5 in Scotland.
A washing machine should however last more than 15 months. The law states however that if the retailer doesn't want to know then you would need to get an engineers report on the machine to prove it was inherantly faulty. If the report is in your favour the retailer should fix it and also refund the cost of the report.

Thanks loads for that, an engineers report will be happening very soon. :beer:

RDG · 9 September 2011 at 9:18AM

Hi

On Monday night my wife ordered some tickets using our Nectar vouchers. Before had she had a look to see if she could find out how long the delivery would be but couldnt find any details. She decided to order them anyway and the confirmation email stated that it would take 10 days for them to arrive.

This is to long as we go away on Sunday and would be using them while away they are for Edinburgh dungeons. As I was away with work the earliest I could contact Nectar was the following day at around 1200, I had to send an eamil as I only had 5 mins before I had more stuff to do with work. I asked them to cancel the order as the tickets were not going to arrive on time and to quote the email confirmation - "This email is an acknowledgement of your order and your contract to purchase the product(s) is not complete until the product(s) are despatched."

A day later I get an email saying as the request was not done on the same day as the order then they would not cancel the order. Despite the tickets having not been printed. I replied pointing out that the tickets were ordered late on Monday when there cyustomer service centre had already closed so how could I cancel the same day. I also asked if that rule applied for people who placed an order at 2355, but they didnt answer that.

Anyway does anyone know what my rights are with this? How are points earned on Nectar treated with regards to ordering a product online. And what are the normal rights to cancel for tickets to attractions ordered online?

Thanks

wealdroam · 11 September 2011 at 8:51PM

RDG wrote: »

Hi

On Monday night my wife ordered some tickets using our Nectar vouchers. Before had she had a look to see if she could find out how long the delivery would be but couldnt find any details. She decided to order them anyway and the confirmation email stated that it would take 10 days for them to arrive.

This is to long as we go away on Sunday and would be using them while away they are for Edinburgh dungeons. As I was away with work the earliest I could contact Nectar was the following day at around 1200, I had to send an eamil as I only had 5 mins before I had more stuff to do with work. I asked them to cancel the order as the tickets were not going to arrive on time and to quote the email confirmation - "This email is an acknowledgement of your order and your contract to purchase the product(s) is not complete until the product(s) are despatched."

A day later I get an email saying as the request was not done on the same day as the order then they would not cancel the order. Despite the tickets having not been printed. I replied pointing out that the tickets were ordered late on Monday when there cyustomer service centre had already closed so how could I cancel the same day. I also asked if that rule applied for people who placed an order at 2355, but they didnt answer that.

Anyway does anyone know what my rights are with this? How are points earned on Nectar treated with regards to ordering a product online. And what are the normal rights to cancel for tickets to attractions ordered online?

Thanks

I do not believe you have any statutory rights to cancel this order once placed.

The OFT's Guide to the Distance Selling Regulations specifically excludes cancellation rights for this type of thing...

Contracts to which only part of the DSRs apply (Regulation 6)
2.20 The requirements to provide pre-contractual information, written and additional information, the right to cancel and the obligation on the supplier to carry out the contract within a maximum of 30 days do not apply to the following types of contract...
Contracts to provide accommodation, transport, catering or leisure services (for example hotel accommodation; plane, train, or concert tickets; car hire or sporting events) where you agree to provide the service on a specific date or within a specific period.

You will have to read the Nectar T&Cs to see if they are more lenient, but judging by their response so far, probably not.

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