1. Visiting from the US? Why not try DIYnot.US instead? Click here to continue to DIYnot.US.
    Dismiss Notice

sale of goods act.

Discussion in 'General Discussion' started by hairyben, 22 Feb 2009.

  1. hairyben

    hairyben

    Joined:
    6 Oct 2008
    Messages:
    644
    Thanks Received:
    0
    Country:
    United Kingdom
    I've seen this discussed on here before, some people seem quite knowledgeable on it.

    About 14 months ago I bought an infill G4, which is a double din touchscreen computer for in-car use, designed to handle mp3,phone, satnav etc in one package.

    Long story short- it's a piece of junk. has never worked properly and has numerous annoying glitches which IMO make it a dangerous distraction and unsuitable for it's intended purpose.

    However the last straw came friday morning- my (1 year old) van's battery was flat. (unit is supposed to have smart power monitering to prevent this).

    What are my chances of returning it and getting back the bulk (I'd settle for 70-80%) of the purchase cost?
     
  2. Sponsored Links
  3. Bahco

    Bahco

    Joined:
    8 Feb 2004
    Messages:
    8,023
    Thanks Received:
    81
    Location:
    Wolverhampton
    Country:
    United Kingdom
    After 14 months you will have been deemed to have accepted the goods and have not a cat in hells chance of any redress. :(

    You could try a nice letter to the MD who manufactured it. You just might get a goodwill gesture. :D
     
  4. breezer

    breezer

    Joined:
    3 Jan 2003
    Messages:
    23,324
    Thanks Received:
    30
    Location:
    Sussex
    Country:
    United Kingdom
    i dont know how you stand legaly, but, i agree with bacho, you have had it 14 months and NOW you want your money back? (

    Put yourself in their shoes, if some one came to you after 14 months with what ever you sold them and want their money back what would you say?

    I would have said you should have said something in the first place, not wait 14 months.

    Its abit like sucking a lolly, and when its nearly all gone take it back and say you didnt like it and want your money back.

    However if you have been complaining previously that is a different matter.
     
  5. Bilioustrumpstaine

    Bilioustrumpstaine

    Joined:
    27 Nov 2007
    Messages:
    1,531
    Thanks Received:
    5
    Location:
    Surrey
    Country:
    United Kingdom
    Really it is down to what is reasonable and fair. The 12 month warranty that accompanies most items does not affect your legal rights.

    Some products are warrantied for up to 6 years but the liability from the supplier diminishes as time goes by.

    If you bought a frying pan for £2.50 and it fell apart after 18 months then it probably would be deemed unreasonable to expect any refund/exchange/repair due to the cheapness of the item , both in cost and quality. However if you had bought a top of the range washing machine for say £800 then it is reasonable to expect it to last a good few years.

    The retailer may choose to repair your item or indeed replace it, they would not automatically give a refund.

    Some more info here.

    http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

    Go and have a chat with the supplier and see what they are willing to do for you.

    If they repair it, you could always ebay it.
     
  6. hairyben

    hairyben

    Joined:
    6 Oct 2008
    Messages:
    644
    Thanks Received:
    0
    Country:
    United Kingdom
    I understand that 14 months is a bit long, but in this time it has been back to the distributer once- for supposed software work- which changed little, and the flat battery is new and something that IMO makes it completely unsuitable for use- A van that won't go may cost me hundreds in lost work and pile pressure onto to me I can do without.

    Gonna speak to http://www.consumerdirect.gov.uk/ on monday when lines open.
     
  7. Bilioustrumpstaine

    Bilioustrumpstaine

    Joined:
    27 Nov 2007
    Messages:
    1,531
    Thanks Received:
    5
    Location:
    Surrey
    Country:
    United Kingdom
    hben, go and speak to the supplier in the first instance, politely point out the faults that you have had with the item and ask for his/her help in resolving the problem. This should be your first port of call, the consumer people will ask you what the retailers stance is and you will not know, they mig[ht sort your problem out without too much hassle.

    I worked retail for many years and the customers who got the best out of me were the ones who were polite and asked for my help. The ones who shouted and swore got as little as i could get away with. Do as you would be done by is not a bad motto.

    If your supplier fobs you off then go down the consumer help route, the CAB is also helpful.

    You would be amazed how many retailers don't know the law on faulty goods, they don't train their staff in this area because they would end up giving away more stuff :eek:

    A common misconception is the lack of a receipt "sorry, can't do anything without the receipt" absolute nonsense. You might need to give proof of purchase which can be a bank statement or even a witness statement by anyone who was with you at the time of purchase. A retailer is not obliged to even issue a receipt if they don't want to. The receipt mantra effectively cuts down refunds and exchanges for a retailer.

    Another one is "after xx days you will have to contact the manufacturer" again utter nonsense, your contract is with the retailer/supplier they are responsible. They might well have screwed the supplier down too make them deal with warranties but if you don't want to deal with the manufacturer tell the retailer that and stick to your guns.

    If you have bought something and you don't want it the next day the retailer does not have to refund it or exchange it. There is no law that states this. This is a service offered by retailers to get you to purchase the item and take it home because once it is in your house it is unlikely to come back.
     
  8. hairyben

    hairyben

    Joined:
    6 Oct 2008
    Messages:
    644
    Thanks Received:
    0
    Country:
    United Kingdom
    Yeah a "polite" conversation (however polite a conversion in which you tell a retailer their premium product is such a PoS that it's beyond practical use and therefore you're entitled to a refund can be) but I need to be forearmed with knowing exactly where I stand legally first.

    Now don't get me wrong my natural instinct and upbringing compel me to be polite and understanding, but in business I've found polite people are far more likely to get fobbed off and those that scream blubby murder get what they want more often. It comes down to "how much hassle is it" far more often than "what is the right thing we should do".
     
  9. WDIK

    WDIK

    Joined:
    15 Dec 2007
    Messages:
    4,864
    Thanks Received:
    59
    Location:
    Nottingham
    Country:
    United Kingdom
    this is the problem, you waited too long to complain :eek:
     
  10. Sponsored Links
  11. Alison556

    Alison556

    Joined:
    6 Dec 2007
    Messages:
    1,383
    Thanks Received:
    17
    Location:
    Dundee
    Country:
    United Kingdom
    Your legal rights include the right to a remedy for defective goods. If you buy goods which are faulty when sold, you have the right to claim for a repair or replacement for up to six years (five in Scotland) from the date of purchase. However, after the first six months, you have to show that the fault was there from the start and the longer it takes for the fault to show up, the more difficult that becomes. So if you have already had it in for a repair on a fault which is still showing up, then you are entitled to a replacement or repair.
     
  12. megawatt

    megawatt

    Joined:
    3 Sep 2005
    Messages:
    3,295
    Thanks Received:
    1
    Location:
    Devon
    Country:
    United Kingdom
    Spot on, the fact that its been 14 months doesn't affect your legal right to claim ... It does make it more difficult to succeed though as the burden of proof is now with you.

    Good luck.

    MW
     
  13. WDIK

    WDIK

    Joined:
    15 Dec 2007
    Messages:
    4,864
    Thanks Received:
    59
    Location:
    Nottingham
    Country:
    United Kingdom
    indeed, and that is time referenced,
    with reference to the life expectancy.
    and being fit for purpose.
     
  14. Bilioustrumpstaine

    Bilioustrumpstaine

    Joined:
    27 Nov 2007
    Messages:
    1,531
    Thanks Received:
    5
    Location:
    Surrey
    Country:
    United Kingdom
    Being polite is a good starting point, just remember the bloke that sold it ain't the bloke that made it or the bloke that made up the companies policies on returns but he may have an element of discretion ;) . But you play it how you see it. If shouting the odds is a proven method for you, go for it.
     
  15. neds

    neds

    Joined:
    18 Nov 2007
    Messages:
    929
    Thanks Received:
    28
    Country:
    United Kingdom
    I fight for everything. Among other things I have so far managed to get a brand new chair and vouchers which were 3 years past the warranty stage as well as a brand new Air Con unit which was a year past its warranty. You just have to be real stubborn and they will fold. Its your right to complain! You pay good money to get a good service!
     
  16. Unless the manufacturer has provided a guarantee in excess of 14 months, eg 2 or more years, your chances are nil. If, as you imply, the equipment was unsuitable for the purpose for which it was sold, (quote:"has never worked properly"), then it should have been returned to the retailer as soon as this was discovered. To be honest, I think that you're clutching at straws mate.
     
  17. Alison556

    Alison556

    Joined:
    6 Dec 2007
    Messages:
    1,383
    Thanks Received:
    17
    Location:
    Dundee
    Country:
    United Kingdom
    Even if it's out of it's 12 month warranty (if that's what was on it), you do still have an expectancy of it still working.

    My Dyson was about 2 months out of it's warranty when the motor packed up on it. I phoned them up to ask about getting it looked at and the guy was arranging a time and a date and I slipped it that I was pretty gutted that it died just a couple of months out of warranty. He checked back the registration, said, yep, you're right, it's only a couple of months out, so no worries, this will be a free call out and free repair. Guy came out, replaced the motor - no charge. Sometimes the pathetically disappointed tactic works best!! :LOL:
     
Loading...

Share This Page