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  • FIRST POST
    • WestminsterMarvel
    • By WestminsterMarvel 16th May 18, 1:36 PM
    • 3Posts
    • 0Thanks
    WestminsterMarvel
    Full refund on faulty products but not the carrier bag
    • #1
    • 16th May 18, 1:36 PM
    Full refund on faulty products but not the carrier bag 16th May 18 at 1:36 PM
    Before you read I must stress I'm looking to highlight the principle involved here not the sums of money!

    I bought 3 items from a retailer and paid 5p for a carrier bag.
    The 3 items I purchased were faulty so returned them to store for a refund.
    There was no quibble from the staff except that I couldn't get a refund for the 5p carrier bag as it "had been used".
    Despite it being clearly listed on the receipt with the other items.
    So had to leave the shop with an empty carrier bag that I don't need, carrying advertising for the retailer and am out of pocket for the privilege of being sold faulty goods.
    Is this right?
Page 1
    • AndyMc.....
    • By AndyMc..... 16th May 18, 1:39 PM
    • 2,345 Posts
    • 1,430 Thanks
    AndyMc.....
    • #2
    • 16th May 18, 1:39 PM
    • #2
    • 16th May 18, 1:39 PM
    Before you read I must stress I'm looking to highlight the principle involved here not the sums of money!

    I bought 3 items from a retailer and paid 5p for a carrier bag.
    The 3 items I purchased were faulty so returned them to store for a refund.
    There was no quibble from the staff except that I couldn't get a refund for the 5p carrier bag as it "had been used".
    Despite it being clearly listed on the receipt with the other items.
    So had to leave the shop with an empty carrier bag that I don't need, carrying advertising for the retailer and am out of pocket for the privilege of being sold faulty goods.
    Is this right?
    Originally posted by WestminsterMarvel
    Yes, you paid for a bag and there was nothing wrong with it.

    Your choice to carry on advertising and not putting it in your pocket.
    • WestminsterMarvel
    • By WestminsterMarvel 16th May 18, 1:48 PM
    • 3 Posts
    • 0 Thanks
    WestminsterMarvel
    • #3
    • 16th May 18, 1:48 PM
    • #3
    • 16th May 18, 1:48 PM
    Yes, you paid for a bag and there was nothing wrong with it.

    Your choice to carry on advertising and not putting it in your pocket.
    Originally posted by AndyMc.....
    Thanks Andy - apologies if it wasn't clear in my original post - my issue is that I was denied a refund. I asked for a full refund including the cost of the bag which I returned
    • Oakdene
    • By Oakdene 16th May 18, 1:51 PM
    • 2,444 Posts
    • 8,828 Thanks
    Oakdene
    • #4
    • 16th May 18, 1:51 PM
    • #4
    • 16th May 18, 1:51 PM
    But there is nothing wrong with the bag.
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydio’n ddolen,
    Dau enaid ond un taith.


    • WestminsterMarvel
    • By WestminsterMarvel 16th May 18, 1:55 PM
    • 3 Posts
    • 0 Thanks
    WestminsterMarvel
    • #5
    • 16th May 18, 1:55 PM
    • #5
    • 16th May 18, 1:55 PM
    But there is nothing wrong with the bag.
    Originally posted by Oakdene
    Yes but I didn't intend to go to the shop to buy a 5p bag alone.
    I'm not satisfied that having been sold faulty products I have effectively bought a bag that I don't want or need. As the bag itself is in fine condition they can reuse it for a customer who will make use of it. Appreciate the cost is derisory but why should the consumer be out of pocket in this scenario.
    • unholyangel
    • By unholyangel 16th May 18, 2:03 PM
    • 12,791 Posts
    • 10,110 Thanks
    unholyangel
    • #6
    • 16th May 18, 2:03 PM
    • #6
    • 16th May 18, 2:03 PM
    Yes they should've refunded the bag. Doesn't matter that there was nothing wrong with the bag - if you order things together and some goods don't conform, you have the option of:
    1) rejecting all goods
    2) accepting all goods
    3) rejecting the goods that don't conform and accepting the goods that do conform

    If any of the goods formed a commercial unit then you cant reject some of those goods and must reject all goods that form that unit.

    However what you can't do (which might apply here if you purchased other items) is only reject some that conform. When it comes to goods that do conform you can't reject just some of them, its an all or nothing affair.

    http://www.legislation.gov.uk/ukpga/2015/15/section/21/enacted
    Money doesn't solve poverty.....it creates it.
    • Svein Forkbeard
    • By Svein Forkbeard 16th May 18, 2:09 PM
    • 488 Posts
    • 1,118 Thanks
    Svein Forkbeard
    • #7
    • 16th May 18, 2:09 PM
    • #7
    • 16th May 18, 2:09 PM
    You could have
    a. Brought your own bag
    b. Taken your goods without a bag.

    It was your choice to buy a bag the whole point of charging for them is so that you bring your own bag.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
    • bris
    • By bris 16th May 18, 2:10 PM
    • 7,897 Posts
    • 6,865 Thanks
    bris
    • #8
    • 16th May 18, 2:10 PM
    • #8
    • 16th May 18, 2:10 PM
    Bloody hell is this what this forum has come too...... advice on a 5p carrier bag.......
    • miniemma
    • By miniemma 16th May 18, 2:21 PM
    • 441 Posts
    • 220 Thanks
    miniemma
    • #9
    • 16th May 18, 2:21 PM
    • #9
    • 16th May 18, 2:21 PM
    You could have
    a. Brought your own bag
    b. Taken your goods without a bag.

    It was your choice to buy a bag the whole point of charging for them is so that you bring your own bag.
    Originally posted by Svein Forkbeard
    What he said ^^^^
    • AndyMc.....
    • By AndyMc..... 16th May 18, 2:43 PM
    • 2,345 Posts
    • 1,430 Thanks
    AndyMc.....
    Yes but I didn't intend to go to the shop to buy a 5p bag alone.
    I'm not satisfied that having been sold faulty products I have effectively bought a bag that I don't want or need. As the bag itself is in fine condition they can reuse it for a customer who will make use of it. Appreciate the cost is derisory but why should the consumer be out of pocket in this scenario.
    Originally posted by WestminsterMarvel
    If you neither want or need the bag why did you buy it?
    • agrinnall
    • By agrinnall 16th May 18, 4:26 PM
    • 20,993 Posts
    • 16,774 Thanks
    agrinnall
    If you neither want or need the bag why did you buy it?
    Originally posted by AndyMc.....
    Presumably to carry the products which turned out to be faulty - isn't it obvious?
    • Merlin139
    • By Merlin139 16th May 18, 4:35 PM
    • 5,039 Posts
    • 20,202 Thanks
    Merlin139
    Were you not offered a replacement for the faulty items?

    The reason for not refunding the bag was that it was neither faulty and it was no longer in the condition that it was when you bought it.

    So why did you not fold up the carrier bag and put it in your pocket?

    What will you do with the 5p bag? Will you keep it with you so you do not have to pay for another bag when you buy items in the future?
    • NineDeuce
    • By NineDeuce 16th May 18, 4:39 PM
    • 939 Posts
    • 850 Thanks
    NineDeuce
    I think the moral of this story is that there should be bigger things to moan about.....

    I can just see you getting needlessly angry about a 5p bag in Tesco and are actually still writing about it while pretending it is about the principle...
    • AndyMc.....
    • By AndyMc..... 16th May 18, 4:54 PM
    • 2,345 Posts
    • 1,430 Thanks
    AndyMc.....
    Presumably to carry the products which turned out to be faulty - isn't it obvious?
    Originally posted by agrinnall
    So he changed his mind about something bought in the shop. As it’s not faulty he has no rights to a refund.
    • LABMAN
    • By LABMAN 16th May 18, 5:33 PM
    • 888 Posts
    • 1,524 Thanks
    LABMAN
    Yes they should've refunded the bag. Doesn't matter that there was nothing wrong with the bag - if you order things together and some goods don't conform, you have the option of:
    1) rejecting all goods
    2) accepting all goods
    3) rejecting the goods that don't conform and accepting the goods that do conform

    If any of the goods formed a commercial unit then you cant reject some of those goods and must reject all goods that form that unit.

    However what you can't do (which might apply here if you purchased other items) is only reject some that conform. When it comes to goods that do conform you can't reject just some of them, its an all or nothing affair.

    http://www.legislation.gov.uk/ukpga/2015/15/section/21/enacted
    Originally posted by unholyangel
    The bag isn't faulty and it is now not in a condition to be resold ie the buyer has used it. Can the retailer not refuse to refund on that basis?
    • waamo
    • By waamo 16th May 18, 5:52 PM
    • 4,230 Posts
    • 5,551 Thanks
    waamo
    Be warned some retailers now only stock 10p bags. You had a lucky escape. The loss could very nearly have been double.
    This space for hire.
    • LesCats
    • By LesCats 16th May 18, 7:12 PM
    • 8 Posts
    • 1 Thanks
    LesCats
    when this happened to me, they took the bag back.. I guess it depends on how nice the person is!
    • unholyangel
    • By unholyangel 16th May 18, 7:49 PM
    • 12,791 Posts
    • 10,110 Thanks
    unholyangel
    The bag isn't faulty and it is now not in a condition to be resold ie the buyer has used it. Can the retailer not refuse to refund on that basis?
    Originally posted by LABMAN
    No.

    If you read sections 20 & 21 of the CRA (along with the explanatory notes) it states the same thing I've said above.
    Money doesn't solve poverty.....it creates it.
    • powerful_Rogue
    • By powerful_Rogue 16th May 18, 8:01 PM
    • 3,506 Posts
    • 5,185 Thanks
    powerful_Rogue
    I'd have been to embarassed to ask for a 5p refund on a carrier bag!
    • its_all_over
    • By its_all_over 16th May 18, 9:18 PM
    • 127 Posts
    • 67 Thanks
    its_all_over
    No.

    If you read sections 20 & 21 of the CRA (along with the explanatory notes) it states the same thing I've said above.
    Originally posted by unholyangel
    So if I go and do my monthly shop in Tesco and when I get home I find a fault with an individual item I can take the whole trolley load of goods back to Tesco and demand a full refund for everything as a statutory right?

    Which subsection is it that says that? I've read 20 and 21 and I really can't see the subsection that says that having a single faulty item gives a statutory right of return and refund for all the other items bought because one individual item bought was faulty.

    That doesn't sound right, I find a crack in a teacup I bought so I can demand a statutory refund on the frozen turkey, sticky bun and newspaper I also bought.
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