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Returning Faulty Goods.....QUICK

12 replies

Jayzmummy · 22/10/2005 09:48

If something is faulty and within 12 month period of purchase, whos responsibility is it for the product to be repaired?

The supplier of the goods or the manufacturer?

Do I take it back top the store or as they have told me, have to take up the matter with the manufactureres HO?

OP posts:
skinnycow · 22/10/2005 10:05

take it to the store - your contract is with them. Not sure if they have to offer you a replacement or get your original one fixed though.

charliebat · 22/10/2005 10:07

I brought something from currys and it broke, they took it to be fixed under guarentee for 12 months. Thier policy was to try and replace it before swopping for a new one.
Needed original reciept.

Jayzmummy · 22/10/2005 16:36

ARGHHHHHHHH!!!!!

I bought a new printer that cost me £150 last month. It broke last night. Ive got the original box and the receipt.
I telephoned the store this morning to check they had another printer in stock so they could replace it and they had BUT the store person said it was not their policy to exchange faulty goods???

So off we trotted into town with the printer all boxed up. I explained the problem and the lovely guy at customer service went and fetched the new printer for me to exchange with. He then called for the manager to come and authorise the exchange.The manager was a prize pr!ck!!! He said it was up to his disgression as to whether he exchanged the item. He jumped down the poor sales assistants throat shouting out "Im the manager not you", "you dont have the authority to tell customers they can have what they want"!!! The poor guy looked so embarrassed.

Mr Manager then decided that he would spout out his companies policies to me.....if goods are faulty within 28 days replace or offer a refund, over 28 days the customer has to contact the manufacturer direct to discuss repair/replacement/refund etc. He said it was his companies policy NOT to offer refunds for faulty goods???? I thought that under trading Standards Law that if goods were faulty you were automatically entitled to a refund or repair???

Really pi55ed off because I bought the printer 30 days ago, so now I have to wait until Monday before I can contact the manufactureres head office to sort out postage details and its all at my expense!!! The printer weighs a ton so its gonna cost a small mortage to post!!!

I paid extra to have the extended gaurentee that says quite clearly that if goods are faulty they will be replaced BUT he said the extended warranty didnt cover printers???? Then why at the point of sale was I told that the extended warranty would be worth while to have just in case???? I cant find anything in the small print that states printers are not covered????

I cant manage without a printer because Im so busy with card orders, so DH had to buy me a new one....not from the same store though....they can whistle. The pr!ck manager accessed our account with them and saw how much we have spent over the last year...DH orders all of his goods for work from them and I use them for my little cottage business....NOT anymore!!!!

Whatever happened to customers being treated nicely and with respect? When I worked in retail I treated my customers as I would have expected to be treated....this jumped up little twerp talked to me as if his life would have been so much easier without customers.

DH summed him up as being a pencil carrier.....give him a pen and a piece of paper and he would walk around looking OH so very important!!! He walked around barking orders to the staff and walked like he had a 5p piece between his buttox!!!

Stiff and stern letter will be posted to his HO!!!

Rant over!!

OP posts:
gigglinggoblin · 22/10/2005 16:44

i think i would contact trading standards before posting it, i dont see why you should have to be out of pocket. hopefully they will give you some lovely legal jargon you can go into the store with and spout back at him.

charliebat · 22/10/2005 16:46

The extended guarentee i would have thought means thay would take it and get it fixed and you collect back from them? No ??!!!

zippitippitoes · 22/10/2005 16:53

This is the consumer guidance from the Sale of Goods Act basically the retailer is in the wrong.

Also did you purchjase by credit card if so the card issuer will make a charge back to the retailer.

Sale of Goods

JanH · 22/10/2005 17:28

Have a look at this , Jayzmummy - it's someone in exactly your situation being told the same thing. But read the post below (from Tom)!

It has a link to consumer direct which has a page on your rights when buying goods and includes this (which is also quoted in the post):

You have 6 months to return faulty goods, not 28 days, whatever his company policy says.

And do report him to his company

Jayzmummy · 22/10/2005 18:28

Thank you.
Ha!!! The letter Im putting together will shoot the jumped up twerp high in to the sky.
Ive CC'd it to the MD etc [smug, dont get my back up you pr!ck, emotion needed!}

I explained to him that I had worked within the retail business, as an area manager and understood fully trading standards legislation....bluffing a bit there because it was a long time ago...and he replied "Oh all you laydees are the same..think you know the law but you simply dont understand it"....Tw@t!!!

Thanks again....you can always rely on the power of Musnet

OP posts:
flutterbee · 22/10/2005 18:57

Hi There,

Would be a bit careful before you go back to anyone complaining because by law the faulty item is the responsibility of the makers not the store once the 28 day warranty has expired.
I ran a consumer department for quite a few years (for baby products actually) and can not even begin to tell you the number of jumped up store managers/assistants I had arguments with over replacing/refunding an item for a customer so that they didn't have to post it to us.
In the end if the store totally refused to be flexible I would always make sure that when a refund was given to a customer the postage was added on top and which ever printer company it is should do the same for you no questions asked.
Also because it is an electrical item by law you get an automatic 1 year guarantee but this again is nothing to do with the store and must be taken up with the maker.

startingtobehalloweenylover · 22/10/2005 19:23

FACTSHEET and Frequently Asked Questions (FAQs)

Subject: Sale of Goods Act, Faulty Goods.

Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

Key Facts:

? Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

? Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

? Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

? It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

? If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

? For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

? A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

? If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

? In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

? If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

? After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

startingtobehalloweenylover · 22/10/2005 19:24

so yes... the responsibilty lies with the retailer.

the 28 days doesn't matter:

? If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

hunkerpumpkin · 22/10/2005 19:26

Flutterbee, no it isn't.

"No excuses
The law says it's up to the seller to deal with complaints about defective goods or other failures to comply with your statutory rights. Don't accept the excuse that "It's the manufacturer's fault," although you might also have additional rights against the manufacturer under a guarantee."

That's from the Consumer Direct website.

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