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  • FIRST POST
    • TheClaireBear
    • By TheClaireBear 4th May 18, 4:27 PM
    • 3Posts
    • 2Thanks
    TheClaireBear
    Personalised item FAULTY, shop not refunding
    • #1
    • 4th May 18, 4:27 PM
    Personalised item FAULTY, shop not refunding 4th May 18 at 4:27 PM
    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!
Page 1
    • Aylesbury Duck
    • By Aylesbury Duck 4th May 18, 5:13 PM
    • 2,315 Posts
    • 3,137 Thanks
    Aylesbury Duck
    • #2
    • 4th May 18, 5:13 PM
    • #2
    • 4th May 18, 5:13 PM
    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
    • By unholyangel 5th May 18, 12:18 PM
    • 12,791 Posts
    • 10,110 Thanks
    unholyangel
    • #3
    • 5th May 18, 12:18 PM
    • #3
    • 5th May 18, 12:18 PM
    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).
    Money doesn't solve poverty.....it creates it.
    • TheClaireBear
    • By TheClaireBear 8th May 18, 4:43 PM
    • 3 Posts
    • 2 Thanks
    TheClaireBear
    • #4
    • 8th May 18, 4:43 PM
    • #4
    • 8th May 18, 4:43 PM
    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
    • By Aylesbury Duck 8th May 18, 7:11 PM
    • 2,315 Posts
    • 3,137 Thanks
    Aylesbury Duck
    • #5
    • 8th May 18, 7:11 PM
    • #5
    • 8th May 18, 7:11 PM
    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?
    Originally posted by TheClaireBear
    Yes. A retailer's terms and conditions cannot undermine the CRA. They may enhance the terms but not detract from them.
    • TheClaireBear
    • By TheClaireBear 14th May 18, 4:40 PM
    • 3 Posts
    • 2 Thanks
    TheClaireBear
    • #6
    • 14th May 18, 4:40 PM
    • #6
    • 14th May 18, 4:40 PM
    I won Just kept at them and told them they were in breach of the act - worked after about five emails. Yay!
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