Is anyone any good on Sale of goods etc? I need some help.

[YorkieButtonsizeMen]

Hello,

hoping someone is knowledgeable about this as I have reached a brick wall with Asda. (posted in chat the other day but it fell off very quickly).

I bought one of the Plum 'Premium Quality' seesaws on the 3rd.

It arrived on the 6th. Box was open, part of it was damaged. I made sure all was there and rang Plum about a spare part, they asked for a photo, I sent two.

I then tried to build it. First off, there were some little metal labels screwed on so badly, wonky and loose that could not be tightened as they were in holes that were too big, with the wrong screws, so I just took them off. This did not bode well.

I tried to insert the 8 M4x70 screws into the pressure treated wood of the base. I am fairly good at basic carpentry, and so drilled some very neat, small pilot holes in order to assist with this. The screws refused to go in. They were creaking, they stuck half way into the wood - shafted two screwdrivers and then I used the drill on screw setting, which didn't work either. The wood was too dense.

I had difficulty extracting them as the tops were all knackered now, so used pliers, and got them out with no damage to the wood (only screw holes as you might expect.

I then realised that a totally separate part, which was supposed to have a large hole right through it, had no hole at all, meaning I'd have to drill that too.

At this point I gave up having lost two screwdrivers and a drill bit to the thing. I rang Asda and asked to return it as it wasn't fit for purpose - it just needed to have all the holes it was meant to have, and some extra pilot holes, and it would have been ok. But I had given up on the quality and extra work it would take to build.

Asda said they would contact Plum, and get back to me...three days later I have called four times, emailed three times and all of it has been either ignored or hopeless. The call centre guys keep me talking for 20 minutes about South Africa's landscape and how nice my voice is and then put me on hold for another 20 minutes to speak to a manager ,who says I have invalidated my guarantee by making holes in the product.

I can't believe this - you have to make holes in it to build the fucking piece of shit thing. How could I have known that the screws wouldn't go in unless I tried? It's ridiculous.

Took it back to the store after phoning them and being told no problem, they could refund it there - got there and they couldn't as it wasn't a Georg product and they couldn't find a bar code. I also received no delivery note with it so can't use that.

I am so pissed off. I am still waiting for even one of my emails to be answered but don't hold out much hope.

Does anyone know if I have any rights at all here? Or are they correct that I have spoiled any chance of a refund by trying to build a flat pack item, following all instructions, and finding it won't co-operate?

Thanks if you have got this far.

Hi there.

Yes, the store agreed to refund and tried their best but it's not a product that is sold instore, so there was no code to scan, or number on the system. I have no delivery note - it didn't come with one. I assume because again, it was delivered direct from the manufacturer. Nothing from Asda on it at all...there is a label on the box with a bar code but I think this was just the courier's label, as I showed them in the shop and they said it wasn't any use.

I did take it in to the store - they still couldn't do it. The guy was so lovely and even carried it back to the car for me (which was a long way and it is extremely heavy).

Thought of twitter but I'm not sure what to write tbh.

Thanks for all the replies, I really appreciate it.

But surely if you have an order number on the email confirmation that should be proof of purchase. They could refund , it just needs to be overridden at the till point by a manager.

All asda needed to do in store was put the item though at the price you paid for it using a different code. In every shop I've worked in, in the past 15 years has some form of blank code that can be used if a product isn't in the system. Then they can alter that after, either by getting a code added to the system or finding the correct code.

Good luck op

Thanks, I did wonder why they didn't do that tbh. The guy seemed like a manager type but was very young, like a student - maybe he didn't want to do the wrong thing? I was practically in tears, he said he felt really bad so I'm sure he would have helped if he could have.

I have tweeted to them now and they seem to work on Sundays so perhaps that might do the trick - not holding my breath though

Worst case is I have to do some more drilling and we have a spare seesaw, which I can either put on ebay or give to my parents for the children to play on there. Annoying but not life and death, thankfully.

And then never ever buy anything from Asda, or Plum, again.

Got a reply to the tweet with a product code, rang the store, again sympathetic but code doesn't work.

Store lady is trying her best to sort it out. I don't hold out much hope tbh. No reply from call centre, nothing from CEO.

They haven't even answered the paypal dispute! Bonkers.

Store have rung back. Because I signed for it at the door, that constitutes acceotance and it's non refundable?????? Because that's what the manufacturer says and it's not Asda's problem.

I have told her to go and speak to her manager again and mention the sale of goods act.

Oh just called again...bring it in (again) they will refund as a 'goodwill gesture'

Ha ha ha ha ha

Do not hold your breath

Good will gesture, my arse! The product is faulty and neither 'fit for purpose' nor of 'merchantable quality'. They have to refund/replace.

I know. Sigh. I am happy though - I've returned home wielding a gift card, and no fecking seesaw in the boot and the rest of the car.

They were nice but glad to get rid of me. I can easily spend the money on clothes for the boys or food etc, so it's fine.

Have cancelled paypal claim, but won't bother to notify anyone else as they don't seem to respond anyway. She said CEO would just bounce it back to them!

Thanks so much all of you for sticking with me through this nonsense. I hope Asda has got some bad press out of it as they really are shocking.

Because you signed at the door? Bollocks. I would still contact trading standards.
If you can be bother write back saying that this is not good enough. Yes you have a gift card but they have kept your money.

Plum is a nightmare - we spent eight hours putting together a swing set and had to go buy new bolts in the end as the ones they gave us were too small. Customer service did send out bigger ones, but we only had my parents there for one day to keep an eye on the kids while we put it together. No pilot holes, had to use the hammer drill to make them and it was a miserable experience that put me off for life. Although four years later it is aging very well :)

Yes, the knowledge about the legal side of it was shocking. I didn't want to push my luck though as the staff were on my side.

I'd have left it there without a refund if they hadn't given me one. I was so sick of it.

Had a brief email from CEO dept saying they are investigating. I wrote back saying it was basically sorted but they might want to review their procedures. I said the shop staff were wonderful and to pass that on.

Then a very depressing phone call from Plum, reasserting their position that it was my fault for 'accepting a damaged product, then MODIFYING it' I didn't modify it - I made some screw holes! And then found I'd have to make more as they had failed to complete the manufacturing process.

She sounded very sweet and about 17 so I was nice and explained it all to her about not fit for purpose etc. She was obviously stuck for what to say so I said no hard feelings, and that was that. I am a bit scared that when Asda send it back to Plum, Plum will come round my house and demand the gift card back.

Do you think?

I think you have the patience of a saint! Well done for getting a positive outcome. Probably because you have the patience... etc. (Ranting and raving would not have worked, but then it hardly ever does, I've finally learned after years of raised blood pressure).

That's awful. If they're sending out toys in that state how can you know they are safe for children to play with? Awful for you, but if they're sending out substandard goods for the purpose of children's toys they're taking a massive risk with the safety of children using them.