shopping question

[nightowl]

say you bought some items from a store. some toys and some electricals. a toy was broken beyond repair and the electricals didnt work as they should do. you take them back 7 days later and you are told you can have an exchange. you say you want a refund and they refuse.

surely i am right in thinking i should be entitled to a full refund? there was nothing marked on these boxes to say anything was wrong with them. i assumed they were being sold off as last seasons stock as they were a bit cheaper than normal. but if they arent fit for the purpose, they are in affect..useless. im not talking about slight dents, tears or whatever. the items just dont work!

You're covered by the Sale of Goods act in that the goods must be fit for the purpose which they were sold. Even if there's a sign up saying otherwise goods MUST be fit for the purpose

have a look at this factsheet

agree with pixiefish but if you've now accepted an exchange it may be too late. If not return, ask to see the manager and quote the Sale of Goods Act to him. Once they realise you know the law they usually back down quite rapidly. If they don't say you'll ask Trading Standards about the small claims court. I've never needed to actually do that

yes you are entitle to a full refund in the same way you paid, ie back ont credit card if that how you paid, cash if that how you paid etc.

Quoting sale of goods act 1979... "goods must be fit for purpose as describd and of reasonable quailty, of whcih these are not should help" if he refuses the threat of trading standards and small claims normally does the trick!

Stand your ground and DONT leave without a refund and if they refuse start the smal claims court thing rolling!

interesting. i phoned trading standards and he told me that i should have taken the items back sooner. i said i couldnt push a buggy and carry them and needed a lift, thats why it was a week later. my fault apparently, i could have phoned the shop. so now i have to go in there and back down. i was really snotty with them too.

Don't back down. 7 days is not too long to wait before returning them. After all you might not have opened the boxes for several days. 7 weeks and you might be pushing it.

Sales of Goods Act 1979 entitles you to a full refund, or a replacement or compensation. It is for you to decide which option you want - not the store. Don't let on you've already spoken to Trading Standards, but threaten to report the store for failing to fulfill its statutory obligations.

law isn't clear on when its too late to claim a refund instead of replacement. I wouldn't bet on the small claims court finding against you if I was a shopkeeper.

you have to take them back within reasonable time

which isnt defined but it was a reasonable person would consider ok...

therefore if you buy some cheese that goes mouldy before its use by date of '2 days away' taking it back within a day or 2 should be fine, taking it back in 3 weeks time is NOT!

If you buy an expensive TV that turn out to be faulty several months later then thats fine too (for the first 6 months you can effectively assume the fault was there at time of manufacture (or thay have to prove it wasnt, after 6 months you have to prove that the fault was there at time of manufacture.

therefor 7 days would be considered reasoanble time fro most things (and 28 days is considered a 'normal amount of reasaonable time for most things)

I remember having a very indepth conversation with CAB about a hardly used Macalaren buggy that broke very dangerously after 15 months (only 12 month garentee But we STILL HAD STATATORY RIGHTS after a LOT of argueing with mothercare i GOT THE FULL PURCHASE PRICE BACK even tho the buggy had been reduced by £20 for several months AND we had no receipt!!