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  • FIRST POST
    • Pat26
    • By Pat26 11th Jan 18, 10:16 PM
    • 25Posts
    • 8Thanks
    Pat26
    Refund for faulty item
    • #1
    • 11th Jan 18, 10:16 PM
    Refund for faulty item 11th Jan 18 at 10:16 PM
    I purchased a coat worth over 100 on credit card from a high street retailer. Before I paid for the coat I pointed out there is a defect. As it's a manufacturing defect which appears to affect all the coats of that particular style the retailer offered to repair it free of charge. I also checked the coat on retailers website as well as in store and the defect is clearly visible in the pictures.

    I asked the retailer if I am entitled to a refund if the repair is of poor quality and has not corrected the original defect. They said that's not possible.

    I just wanted to confirm if I am entitled to a refund under these circumstances or not.
Page 1
    • Greta Sharbo
    • By Greta Sharbo 11th Jan 18, 10:21 PM
    • 190 Posts
    • 207 Thanks
    Greta Sharbo
    • #2
    • 11th Jan 18, 10:21 PM
    • #2
    • 11th Jan 18, 10:21 PM
    Are you saying they said they might not be able to fix it to the right standard and you still purchased it?
    • Pat26
    • By Pat26 11th Jan 18, 11:09 PM
    • 25 Posts
    • 8 Thanks
    Pat26
    • #3
    • 11th Jan 18, 11:09 PM
    • #3
    • 11th Jan 18, 11:09 PM
    I purchased it but haven't gone ahead with the repair.

    If it isn't repaired then I can get a refund. If the repair goes ahead the retailer says I cannot get a refund even if the repair is of poor quality.

    They did say they will carry out multiple repairs if required. But no refunds if repair goes ahead.

    It's probably not worth the hassle to chase this but all the same I'd like to know what my rights are as a customer, if any, in this situation.
    • theonlywayisup
    • By theonlywayisup 11th Jan 18, 11:11 PM
    • 12,196 Posts
    • 8,246 Thanks
    theonlywayisup
    • #4
    • 11th Jan 18, 11:11 PM
    • #4
    • 11th Jan 18, 11:11 PM
    Did you buy instore?
    • shaun from Africa
    • By shaun from Africa 11th Jan 18, 11:17 PM
    • 10,028 Posts
    • 11,299 Thanks
    shaun from Africa
    • #5
    • 11th Jan 18, 11:17 PM
    • #5
    • 11th Jan 18, 11:17 PM
    Did you buy instore?
    Originally posted by theonlywayisup
    The OP stated that they bought it in a high street store and that before paying, they pointed out the defect so I think it's safe to assume that this was the case.
    • Pat26
    • By Pat26 12th Jan 18, 12:14 AM
    • 25 Posts
    • 8 Thanks
    Pat26
    • #6
    • 12th Jan 18, 12:14 AM
    • #6
    • 12th Jan 18, 12:14 AM
    Yes I did buy in store.

    It's manufacturing fault that affected all the coats of that design. So my options were:
    - not buy the coat
    - or take up the stores offer to get it repaired free of charge but lose entitlement for refund even if the repair work is of poor quality
    • Pat26
    • By Pat26 13th Jan 18, 3:42 PM
    • 25 Posts
    • 8 Thanks
    Pat26
    • #7
    • 13th Jan 18, 3:42 PM
    • #7
    • 13th Jan 18, 3:42 PM
    any advice anyone?

    Or is that my options are just these?
    - not buy the coat
    - or take up the stores offer to get it repaired free of charge but lose entitlement for refund even if the repair work is of poor quality
    Originally posted by Pat26
    • KeithP
    • By KeithP 13th Jan 18, 3:46 PM
    • 7,650 Posts
    • 7,345 Thanks
    KeithP
    • #8
    • 13th Jan 18, 3:46 PM
    • #8
    • 13th Jan 18, 3:46 PM
    any advice anyone?
    Originally posted by Pat26
    Take it back for a refund.

    Do you really want the hassle that anything else may bring?
    .
    • unholyangel
    • By unholyangel 13th Jan 18, 4:09 PM
    • 12,417 Posts
    • 9,715 Thanks
    unholyangel
    • #9
    • 13th Jan 18, 4:09 PM
    • #9
    • 13th Jan 18, 4:09 PM
    From the Consumer Rights Act 2015
    Goods to be of satisfactory quality
    (1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

    (4)The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory!!!8212;

    (a)which is specifically drawn to the consumer!!!8217;s attention before the contract is made,
    (b)where the consumer examines the goods before the contract is made, which that examination ought to reveal, or
    (c)in the case of a contract to supply goods by sample, which would have been apparent on a reasonable examination of the sample.
    .

    And from the CRA's explanatory notes:
    64.Subsection (4) provides that if the consumer is made aware of a particular defect before making the contract then that defect will not be grounds for finding the goods to be unsatisfactory. If the consumer examined the goods before making the contract then a defect which should have been revealed by the examination will not be grounds for finding the goods to be unsatisfactory. If the goods were supplied by sample (even if the consumer did not actually examine the sample) then a defect which should have been revealed by a reasonable examination of the sample will not be grounds for finding the goods to be unsatisfactory.
    Sorry OP but it doesn't look like you do have the right to refund - regardless or whether it is repaired or not.
    Money doesn't solve poverty.....it creates it.
    • Pat26
    • By Pat26 14th Jan 18, 12:16 AM
    • 25 Posts
    • 8 Thanks
    Pat26
    I have already agreed with the manager that I will seek a refund if the repair DOES NOT go ahead. It's written on my receipt. So I as KeithP said it's not worth the hassle and refund it is...

    In my opinion these items should not be even on the shop floor because of the fault is obvious. So essentially the retailer has been selling faulty good to customers without declaring they are faulty. Looks like I'm the only customer who's found the defect!


    In any case thanks for the info on Consumer Rights Act, best to keep in mind in a retail minefield these days.
    • LABMAN
    • By LABMAN 14th Jan 18, 12:54 AM
    • 834 Posts
    • 1,418 Thanks
    LABMAN
    I have already agreed with the manager that I will seek a refund if the repair DOES NOT go ahead. It's written on my receipt. So I as KeithP said it's not worth the hassle and refund it is...

    In my opinion these items should not be even on the shop floor because of the fault is obvious. So essentially the retailer has been selling faulty good to customers without declaring they are faulty. Looks like I'm the only customer who's found the defect!


    In any case thanks for the info on Consumer Rights Act, best to keep in mind in a retail minefield these days.
    Originally posted by Pat26
    If you believe that why did you consider buying it then?
    • Pat26
    • By Pat26 14th Jan 18, 1:25 AM
    • 25 Posts
    • 8 Thanks
    Pat26
    I considered buying it because:
    provided it was repaired to satisfactory quality
    1. it was fit for purpose
    2. value for money

    Also,
    the first sales assistant I spoke to said they'll repair free of charge and will give refund if repair quality was unsatisfactory.
    assistant at the sales point overrode this and said repair is free but no refund
    • hollydays
    • By hollydays 14th Jan 18, 9:04 AM
    • 16,075 Posts
    • 12,163 Thanks
    hollydays
    Why don!!!8217;t you just tell us what the defect is
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