PDA

View Full Version : consumer rights



starfish
21-May-13, 14:35
i bought a item but when i tried it out it did not work so i took it back to the shop but because i had lost the reciept . The shop said that i couldnot have a cash refund or credit note but a replacement , so i excepted that but on trying the new one that does not work either where do i stand on getting my cash back or credit note

mi16
21-May-13, 14:47
tricky one that, no proof of purchase means that you cannot validate when you bought the item or where you bought it from.
Think you are on a shaky peg there.

cptdodger
21-May-13, 16:18
Have a look at this Starfish, I typed into "Google" consumer rights, no receipt, and it came up with this http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange.

I have'nt read through it, but hope it helps !

Scunner
21-May-13, 16:21
Ask in the shop if they can show you how it works, if they can.

Shaggy
21-May-13, 16:32
I'm sure they can refuse a cash refund if no receipt but cannot refuse you a credit note or replacement. Credit note especially if the item is out of stock or sold out, what else can they do?. As for faulty replacements then items must be fit for purpose. If two have not worked then you are perfectly right to expect a credit note or refund. It's a grey area and i'm trying hard to remember the Trading Standards spiel when a customer complained to them that i wouldn't refund him his money and they paid me a visit so maybe someone does know exactly.

starfish
21-May-13, 16:34
thanks for the replies and scunner it worked for about 5 minutes then stops and then it does not start again exactly what the last one did

Kodiak
21-May-13, 17:06
Take it back to the Shop where you bought it and ask for a full refund. You do Not need to have a receipt, since they have replaced it and replacement one has also failed, they have accepted that it was bought from them.

If any problem quote to them from the sale of goods act 1979 amended, where it states and I quote from it :-

"Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b)appearance and finish,
(c)freedom from minor defects,
(d)safety, and
(e)durability."

In your case it is quite clear this is not the case so they have to give you a full refund. Do not let them fob you off by them saying they can not give a refund without a receipt as this is not the case.

starfish
21-May-13, 17:37
thank you kodiak will try that i have printed your quote off and refer to it

Commore
21-May-13, 17:58
All the info you'll ever need here:
http://www.bbc.co.uk/programmes/b006mg74/features/consumer-law-sale-of-goods
& here;
http://www.consumeractiongroup.co.uk/forum/showthread.php?117106-Sale-of-Goods-basic-guide-to-rights-and-obligations

starfish
22-May-13, 14:24
well went back to the shop today still refused to give a refund and give me head office phone number been trying to get hold of them but just keep getting a voicemail message to say they are on another call .

pat
22-May-13, 14:29
Contact Trading Standards at the council, feel sure they will take this case up for you as your contract is with the seller not anyone else. If they supply goods not fit for purpose they will then have to deal with the consequences - you have paid your money to them you should not have to spend your time and money making calls and using your time to correct something for them. Contact Trading Standards.

gmcborgie
22-May-13, 15:17
Yes do contact them, they love to deal with sellars breaking the law! I had help from them with an Ebay purchase.

starfish
22-May-13, 15:19
thanks pat i told them in the shop i would take it further . The manager in the shop asked me who served me i said i do not know i asked her if she goes to a shop can she remember who served her and they reply i got" its not me with the problem," this remark really put my back up.

Kodiak
22-May-13, 15:59
What is the name of this Shop? Name them and Shame them. Yes go to Trading Standards they are there for exactly this type of thing. Do not let it go push it as far as you can as you are in the right.

starfish
22-May-13, 18:12
the shop is pound stretcher we will no longer shop there I might have know cheap shop poor staff ect

Moonboots
22-May-13, 19:49
I had a problem with Argos before, I had a receipt however they would not provide me with a refund, only an exchange.
I took the exchange however told them that i was not accepting the exchange and will contact head office.

After contacting head office and quoting the Sale of Goods Act. They were not too keen on providing me with a refund.
Had a massive argument with them over the phone so ended up having to send the unopened item to head office and they sent me a cheque including the refund of posting.

May i say, what a carryon it was and ended up costing them more in the long run with the postage costs.

Stick to your guns and dont let them away with it.

gmcborgie
22-May-13, 20:35
Did you pay for the item by debit card? If so a copy of your statement can be used as proof of purchase. Also, if someone was with you and witnessed the transaction they may help the situation.

starfish
22-May-13, 20:43
gmborgie i honestly cannot remember how i paid for it but will look back on my statements thanks for that

orkneycadian
22-May-13, 20:49
What kind of defective item are we talking about here?

starfish
22-May-13, 21:02
a sewing machine it goes ok for about 5 minutes then the tension slips and it just ends up with a knotty mess around the bobbin and tread plate

ducati
23-May-13, 17:50
It's not Chinese is it?

starfish
23-May-13, 17:56
it was made in korea lol

hedgehogger
23-May-13, 18:17
the shop is pound stretcher we will no longer shop there I might have know cheap shop poor staff ect

Reading down the thread i knew you were going to say Poundstretcher before you even made it public! The manageress is a total ***** not interested in any customer issues no matter how trivial. The problem with PS stuff is most of it is manufacturers overstock, clearance "get rids", end of life stock or no longer manufactured stock so they can't replace it in the near future if things fail. The amount of food items in that shop in the opening weeks that were out of date was terrible. Diet Pepsi for one, beans and spaghetti. They even try to sell products with torn outers and mangled tins of food which look like they have been run over by the delivery truck! It's a new shop with old stock, hence why it's cheap. Many many items still aren't priced yet either and thats flying in the face of trading standards! their latest ruse is trying to sell you short life stock at the till "wanna buy these for £1?" but they don't tell you at all that its short life products. The practice sucks, just like their business!

Dadie
23-May-13, 23:53
Cheap stuff...at low prices....but still tat that doesnt work..is blinking annoying!
Do you have a bank statement etc that shows the purchase...it doesnt have to be a reciept...its still a form of proof of purchase!

orkneycadian
25-May-13, 00:42
How much did said sewing machine cost?

pat
25-May-13, 10:07
it is meant to be of merchandiseable standards.

If a 1p whistle does not whistle - you have a case for returning goods and getting something that works.

Too many people in this country do not bother to return faulty goods or complain in any form.

Does not matter if it costs 1p or £100 - if 1000 people buying a 10p whistle do not complain the person selling has made a huge profit and probably knows they do not work either, in other words conning folk who are not willing to complain.

starfish
14-Jun-13, 18:14
just a update i wrote to head office and they said sorry about they way things where handled .I went back to the store yesterday and got seen by are really nice guy who give me a refund no problem i told him it was so nice to be treated as a human ect

jacko
18-Jun-13, 09:55
We bought a vacume cleaner from Argo,s. Me being a man took it onto the vinyl in the kitchen & it tore up the flooring. Seems the auto adjuster on the cleaner was,nt working. I took it back to the store for a replacement. When asked what was wrong , i explained and told them about the flooring. They gave me a replacement there & then and a free upgrade. and gave me a tel no to phone.
Argo s paid for new vinyl and for it to be laid. i cannot fault them . I have returned a few item s to Argos and have alway s been treated politely .