AIBU to be very annoyed with this company?.....(16 Posts)
thanks hecate. hubby is now on the case xx
Forget it. Sorry too. I was in a bit of a mood this morning. Slight headache and children bouncing off the walls Of course you're disappointed. It's awful when something you've bought turns out to be crap and you feel bad cos the kids are disappointed.
Just use the law, it's there to help you. And you'll get it sorted.
Thanks for all the replies. didnt mean to be rude. its vety stressful being out of pocket so much especially in january and especially as we could have got the girls a present they can actually use!!
Here's a reply:
Understanding the Sale of Goods Act
Your claim is against the retailer who sold you a faulty item, not the manufacturer.
If you want to reject something and get your money back, you must act quickly normally within a few weeks.
If you paid by credit card, you may be able to enforce your Sale of Goods Act rights against your credit card company as well as the retailer.
When you buy goods it means you've entered into a contract with the seller of these goods.
This means that under the Sale of Goods Act 1979 goods must be:
of satisfactory quality, and
fit for purpose this means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer).
Goods sold must also match any sample you were shown in-store, or any description in a brochure.
Who to complain to
If your goods fail to meet any of the above criteria then you could have a claim under the Sale of Goods Act.
If you want to make a claim under the Sale of Goods Act you have several possible ways of resolving your issue, depending on the circumstances and on what you want done.
Your rights are against the retailer the company that sold you the product not the manufacturer, and so you must make any claim against the retailer.
However, the Sale of Goods Act doesnt apply to goods you've bought on hire purchase (HP).
Instead the Supply of Goods Implied Terms Act 1973 applies, which makes the HP company responsible for the quality of the goods supplied and gives you slightly different rights.
If you want your money back
If you buy a product that turns out to be faulty, you can choose to reject it which means you can give it back and get your money back.
But, the law only gives you a reasonable time to do this what's reasonable depends on the product and how obvious the fault is.
However, even with major purchases or complex items, its safest to work on the basis you usually have no more than three to four weeks from when you receive it to reject it.
For more information read our guide on returning goods.
Did you pay by credit card? If so, read our guide on your rights when paying by credit card.
Getting a faulty item replaced or repaired
You have the right to get a faulty item replaced or repaired if it's too late to reject it. You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'.
If the seller doesn't do this, you're entitled to claim either:
a reduction on the purchase price, or
your money back, minus an amount for the usage you've had of the goods (called recision).
If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.
For more information on court action, read our guide on taking a claim to the small claims court.
Proving your claim for faulty goods
If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear.
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.
For example, by showing that the problem was caused by an external factor such as accidental damage.
Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.
So, you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did.
To do this you may need an expert's report, for example, from an engineer or a mechanic.
Always try to keep the cost of any report proportionate to the value of the claim and, if you can, try to agree on an expert you and the seller both agree has the necessary expertise.
More on this...
Find out about your rights when returning gifts
Read our guide on your pricing disputes rights
For tailored legal advice, contact our Which? Legal Service
Share, bookmark or subscribe
Share on emailShare on twitterShare on favoritesMore Sharing Services
Oops, maybe it's a bit long.
Tip for next year. Assemble and test ahead of Xmas day. We did and that's why the bike tyres were blown up a week in advance. No child wants to sit and wait whilst daddy faffs and looks for tools.
Honestly? I save the packaging for any large items and I open them carefully in case they need to be returned. I would be querying the postage though if there's a genuine fault.
That was nice.
I was linking to something that describes your rights, since knowing your legal rights is generally helpful.
so fuck you very much.
Having to postage to return an item is not uncommon.
Does have a kite mark or a TUV to say it is safe and suitable for children?
You have a 7 day cooling off period for goods bought online, even if in good condition. A simple search of the Internet will tell you all you need to know.
You were just rude to Hecate. I tend to find that you get further in life, and more specifically complaining to companies if you are polite.
No I expect most people were out getting drunk last night. Did you even read what Hecate linked to? Pretty sure it would have answered your questions if you'd bothered.
It's not fit for purpose you have the right to get your money back. It is clearly faulty!!!
How about thanking the one person who did respond. Rude. I wouldn't refund you either.
My husband and i have twin girls who are almost two years old so as a main christmas present we bought them a twin trike from an online company called oligreys twin trike. The trike looked fantastic and ideally suited to what we wanted. The girls now hate their pram but love their individual trikes so having a twin trike seemed the perfect solution. We emailed back and forth with the retailer of the oligreys twin trike who assured us that thry had used the trike with their twins and had taken their sons on the bus using the oligreys twin trike.
So, come christmas eve we went ahead to set it all up. Weve had a few single trikes so didnt think there would be too much difference in difficulty of setting it up. We were titslly wrong on this assumption!!
Firstly the bolts that should hold the back axle dont fit not do the holes align!! BIG SAFETY ISSUE!!!
The axle was extremely stiff when slotted in so we thought we would set the rest up and see how it was. We eventually got it all together but noticed a couple of design flaws.
1) the bumper bar which closes around the child doesnt come undone easily atall. Its more or less stuck closed around the child. And in all honesty, there idnt much room for the child to manouver.
2) There is a three point safety harness which, when my daughter stood up with it still attached, it came apart and i dont just mean only the clasp. The material which makes up the harness came apart.
When buying the trike, the oligreys twin trike website stated that the trikes came with a 14 day money back guarantee.
When my husband went to email the company to say that we wanted to return the product, they emailed back saying no problem but the trike would have to be returned in the box it came in in its original state.
ummm, sorry but after paying £130 for a premium trike we did not expect to be in the situation where we needed to send it back. And how can anyone open a Christmas present and keep the packaging in pristine condition?!
After emailing oligreys about wanting a return the details on the website all of s sudden changed to "Trikes come with a 14 day money back guarantee on all faulty trikes. Excludes postage."
So basically we are expected to fork out another 20-30 quid on return postage for a very expensive item which needs to be returned in the condition we received it.
Can they change their terms and conditions just like that? What would you mumsnetters do??
Join the discussion
Please login first.