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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 2
    • hollydays
    • By hollydays 16th May 18, 10:12 PM
    • 16,581 Posts
    • 12,720 Thanks
    hollydays
    Love it -the ultimate silly thread
    • Ectophile
    • By Ectophile 16th May 18, 10:16 PM
    • 3,388 Posts
    • 2,165 Thanks
    Ectophile
    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

    I have had a read through sections 20 and 21 and have no idea how you came to that conclusion.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
    • unholyangel
    • By unholyangel 16th May 18, 10:21 PM
    • 13,066 Posts
    • 10,415 Thanks
    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.
    Originally posted by its_all_over
    I have had a read through sections 20 and 21 and have no idea how you came to that conclusion.
    Originally posted by Ectophile
    Did you two read the explanatory notes like I said also?

    122.This section clarifies the consumerís rights around partial rejection of goods. If the consumer has the right to reject the goods because some or all of them do not conform to the contract then the consumer can reject some or all of them. If the consumer rejects only some of the goods they cannot reject any of the goods which do conform to the contract. That is, the consumer can:

    reject all of the goods (conforming and non-conforming);

    reject all of the non-conforming goods (but none of the conforming goods); or

    reject some of the non-conforming goods (and keep some of the non-conforming goods and all of the conforming goods).
    Money doesn't solve poverty.....it creates it.
    • DoaM
    • By DoaM 17th May 18, 8:43 AM
    • 5,757 Posts
    • 5,644 Thanks
    DoaM
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • meer53
    • By meer53 17th May 18, 8:53 AM
    • 9,335 Posts
    • 13,621 Thanks
    meer53
    Be kind. Give the bag to someone who needs it. Stop moaning.
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