August 1 by Catriona comments. All consumers should know about the Sale of Goods Act SoGA as it provides consumers with protection when making purchases, whether buying on the internet, over the phone, via the shopping channel, by mail order or on the high street. In our experience at whatconsumer. In summary, the Sale of Goods Act provides three statutory rights:.

The retailer will usually offer the remedies in this order. These remedies are a big source of confusion and many consumers expect a full refund or a brand new replacement leading to a large number of complaints on the whatconsumer. This is often due to retailers, such as Marks and Spencers, who have a returns policy that exceeds their statutory obligations and sets consumer expectations very high.

One thing that surprises some consumers is that a refund can be partial taking into account the usage and age of the item and a replacement can be of a similar age i. There is more confusion in some particular circumstances and when other consumer legislation becomes relevant. For example, when goods are bought with credit, on the doorstep, over the internet and via auction, such as on eBay. Gary 30 November, 4: Moved into a new house in Mayafter completion one of the first things we had done was to get a gas fire and surround fitted.

Had no problems with the gas fire with electric ignition until Friday night just gone when fire tripped the electric in the house and I was unable to reignite the fire. I called the company I bought the fire from yesterday and explained what happened. They called me back to advise to try a 13 amp fuse in the electric socket for the fire even though the fire has worked with a 3 amp fuse without any problems for 18 months.

I tried there suggestion of a 13 amp fuse and the fire worked again, until I tried it again later last night and it tripped the electric again this time with a loud bang! Do I have any rights regarding Sale of Goods Act as I would expect a fireplace to last longer than 18 months? Lindsay Clanahan 4 March, Liz 25 February, 3: I have bought a sofa — purchased from a shop via credit card.

The sofa was not designed for me but was made specifically for the purchase. However, on taking delivery of the sofa, I have realised it is completely unsuitable for my home.

I have contacted the company but they refuse a refund because the sofa is not damaged in any way, and because it was manufactured for the purchase. Are there any circumstances in which I can ask for a refund?

The furniture is still in wrapping and has it tags attached. Catriona 27 February, The only way you will get a refund is if the sofa is faulty. Because it was made to order, you will be lucky to get even an exchange but might be worth a try. In January this year the television stopped working and we used a Samsung recommended repairer to repair it. We were also told that the fault could not have been caused by anything we did.

We feel that we have a claim under the Sales of Goods Act as you would not expect to pay this amount on a television, only for it to stop working 20 months later.

Is this correct and should we pursue the claim with Samsung? Aaron 1 May, As long as you initially reported the fault within 12 months, you can use the SOG act. Outside of that time, the law does not automatically cover you.

Even a brand new car is not covered for more than 12 months, although manufacturers routinely give a three-year warranty as an add-on.

This is not a legal requirement. Catriona 5 March, 9: The warranty is irrelevant, you have a statutory right to expect durability under Sale of Goods. The problem is trying to get your money back now. The usual procedure is to return it to the supplier who will foot the bill, rather than dealing directly with the manufacturer. However, if you were able to get a written report from the approved repairer to say it was nothing you did, then you would have a good claim against them.

Give them reasonable notice to pay or threaten them with the small claims court. Madge 19 July, 4: McPhee 27 March, I bought an LG LCD Television last year which has developed a fault. I no longer have the original receipt and the shop it was purchased from has gone out of business. I have contacted LG who claim they cannot get hold of the parts to repair it and are completely unwilling to replace it without the original receipt.

Catriona 1 April, 1: McPhee, Your contract existed between you and the retailer, and you need the receipt to show that this existed. If however you paid on credit or debit card, your statement will do just as well. Ann 1 April, 1: Could anyone please help. I visited a furniture store in Peterborough in January and after sitting on various 3 piece suites, ordered 2 recliner chairs and a 2 seater settee in leather. It was delivered last Friday 27 Mar and immediately I sat on it and found it so uncomfortable that the thought of sitting on it for the next 10 years was out of the question.

I contacted the store on Saturday and explained my problem. I have had a letter from the Manager today Wednesday who says that there is nothing they can do. It seems most unfair that if I had ordered over the internet or telephone I would be have been entitled to 14 days to try it out before returning it but not if bought direct.

If the store are denying that it is uncomfortable, then it is more tricky. The best way to tackle this is to get them to agree that it is uncomfortable, without letting on that you are going to use their agreement on that one point against them. Throw it in as an aside, but get them to agree. You could say something like: We cannot refund just because it is uncomfortable.

There must be a clear fault in the manufacturing. Then you can initiate stage 2, which is to threaten taking that letter to court with you. Most judges should agree with that. David 1 April, 7: Hi I have just bought a pressure washer 2 weeks ago and have assembled it and read the instruction booklet fully. Barry 10 July, 1: Hi Dave, if the product is faulty they should have no problem exchanging it.

If they are insistant on the box then why not let them have the new box? I work in store and thats what we do so we can send it back safely, most customers dont want the packaging anyway. Catriona 1 April, 9: You would only get this if it was a display model which was for immediate delivery. David, this is a good question. Although shops often request original packaging, they cannot refuse to accept something on this basis.

To do so is a breach of your statutory rights. As long as you have all the bits and pieces and proof of purchase, the shop is obliged to replace the faulty item for you. Jonathan Marsh 2 April, 3: My wife has bought a second hand vehicle and unfortunately I could not inspect it before the purchase. Upon bringing the vehicle home we noticed that the engine management light was on, it had been covered with a sticker!

He told me he was going to take the bulb out! He informed me that no error were codes were being shown on the diagnostic equipment and would not except that there is a fault with it. I then inspected further to find the vehicle is a cat c insurance right off. My wife is obviously very upset that the dealer never informed her of these defects when she asked about the general condition of the car. Lessons learnt and we now know how to advoid this situation again but would I be covered under the SOGA?

Roy 2 April, 8: Obviously I bought it in good faith expecting to be able to use all features. They have refused to refund my money. How do I stand under the Sale of Goods Act? As a charity, are they treated any differently to a normal retailer of goods? Catriona 2 April, A charity shop is a commercial trader and must therefore fulfil your normal statutory rights. Having said this there is the recognition that second hand items will not perform perfectly, and if you were to take it to court, this would be taken into account.

If the item generally fulfils its purpose you would probably not have a case, and would be advised to ask for a reduction on the purchase price.

It depends which features are not working, how it was sold and how much you paid for it. Jonathan, yes, absolutely, as long as you bought it from a dealer and not as a private sale. Jonathan Marsh 3 April, 7: Will this affect my claim under the SOGA.

We have also found out the air bags have been removed. The advert stated Drivers air bag and air conditioning both of which do not work. We bought it from a dealer. Catriona 3 April, However if they could not have been noted from the opportunity you were given to inspect then you can claim poor quality taking into account the recognition that it is second-hand.

You could also claim elements of the car were not as described — as stated in the advert. This is another of your statutory rights. If the dealer is unwilling to deal with you, threaten to take the matter to the small claims court to recover the money you paid. Nicola 7 April, 9: I wrote back in March regarding our Samsung LCD television that stopped working after 20 months.

We are still trying to claim back the cost of repair and are now in contact with the Retailer. They have asked for a diagnostic report from the repairer in order to consider the claim.

Should this make any difference to the claim? Catriona 11 April, 7: Nicola, Regardless of why the TV is breaking down, Sale of Goods makes reference to durability which gives you the right to expect items to last for a reasonable amount of time. Give them 14 days to provide you with a repair or a replacement at no expense to you or you will recoup your costs via the small claims court.

You only have 12 months. Anything beyond that is up to the manufacturers discretion. The term may vary in other European countries. Paul 18 August, 3: Almost wherever I come to shop there is a unlawful policy applied for returns etc. TK Max, Comet, Choice, Sports Direct… you name it However, all of them eventually complied in my cases whenever exercised, but never before a huge effort had to be taken to let their head offices know about the actual consumer rights, and the directive stated above worked great for the purpose.

Not that I expected it. However, another problem seems to be in wrong or old one interpretation of the Sale of Goods Act by most of sellers out there.

Whatever act or its interpretation might be out there like the Sale of Goods Actit may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by the EU Directive, to ensure a higher level of consumer protection, not a lower one.

Monty 19 April, This is my first visit to the site. Firstly, looking through the subjects and replies i see much good advice. The exception is a regular poster called Aaron who seems quite ignorant of consumer law and gives consistently bad advice to the sites consumers.

Until we get a grip on our actual rights and case law we not drive the improvement in quality and service seen as normal in other countries. Apologies for being provacative in my first mail! Mark 2 August, 3: Fair Wear and Tear is excluded from Sales of Goods. You cannot determine what is classed as Fair Wear and Tear as the manufacturer will do this in their specifications.

Is it unreasonable for a TV not to last 3, 4 or even 5 years? Maybe, but electronics have a finite lifetime. It will be described clearly in the manufacturers guidelines on the amount of use the TV can have. Upon investigation, the manufacturers manual stated that there was an expected life time in hours, something like hours or so. After investigation, it was clear that my nephew was leaving the DS on even when not using it and leaving it plugged into the charging socket.

Our rights to repair, replacement or partial refund at 14 months were not valid because of the way it had been used. Steph 16 April, 1: I have just bought an Apple Macbook from PC World and I have discovered it has a stuck pixel in the screen.

This is a small, bright blue spot in the centre of the screen. Now, it is small but because it is in the centre of the screen it is very noticeable when I am watching films or typing on the laptop and it bothers me a lot. What I want to know is — does this stuck pixel count as a minor defect under the sales of goods Act? And if so, how can I enforce this right in PC World? I want them to give me a new Apple Macbook that has a perfect screen. Mark 2 August, 4: This is a difficult one and a crap situation to be in, but because the spec of the product is that in the manufacturing process it is impossible to ensure no stuck pixels.

Generally when you buy something with this type of screen the retailer will have a pixel policy available that mirrors that of the manufacturer on pixels, and the acceptability. So for example Amazon have a pixel policy and when you buy, you are been made aware of the issues in the manufacturing process and that your screen, tv, laptop etc could have dead pixels and because you are made aware of this you have no legal remedy. Your only option is to take it up with the manufacturer and state that it would definitely be the last product you purchase from them and see where it takes you!

Anything you are aware of when buying a product, such as you awareness of the pixel policy across the manufacturing process renders the sale of goods useless in a case like this. Anything you are aware of in the buying process will render the sale of goods useless. It merely states what your rights are at certain times when a product goes faulty. Catriona 16 April, 1: Therefore who is to say that less than 3 stuck pixels does not constitute unfitness for purpose?

If it is hampering your use and enjoyment of the item, this is grounds enough. PC World only have to offer a repair in the first instance, not a brand new one. If they make it difficult for you ask to see them manager quoting S 48 Sale of Goods.

Joe 8 March, 5: I have a ps3 fatit is over 4 yrs old, in June of it broke down the disc drive it was replaced free of charge with one of equal quality ie: Further research has revealed that i am not the only one to suffer this fault called ylod yellow light of death when a soldering joint melts and dislodges the motherboard.

IwantToKnow 17 March, 1: Yes, the repair should be free of charge… but not from Sony, you need to take your console back to the shop where you bought it. Sale of Goods act relates to seller and consumer, not the manufacturer. Dave 17 March, 2: Hi, The problem i have is that i have bought a fridge freezer from a reputable electronic store on the high street and now its broken down.

I call Beko and their responce was to put me straight through to an outside engineer who wants to charge a call out plus any parts which need fixing. I was lead to believe that under the sale of goods act i have a contract between myself and the retailer where i bought the item, and they have a responsibility after selling the item up to 6 years.

Kylie 17 March, 4: My mother recently brought a second hand car for a sales yard. She has contact the seller on many occasions requesting that he either repair the vehicle or provide a refund as it is not roadworthy. The seller has stated that he did not offer a warranty and that he does not have to do anythng. According the the RAC patrolman who attended the breakdown there would have been ample indications of warning that the problem was going to happen.

Please could you tell me if she can do anything and if so how? Peggy Aeschbacher 26 March, Hello just thought i would tell you something. If you wishto swap the links with us please let me know. Andrew 27 March, 1: Am I entitled to a refund? If the quality is substandard for the price.

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I would and have, successfully ask for an exchange though, as you presumably want a better pair and they would be more amenable to this, especially if you exchange them for a slightly more pricey pair.

Rehan 28 March, 6: Hello, I think you are right. I currently am facing the same problem. Under the sales of goods act and in your statutory rights a product must be durable.

It depends on the product if you can claim a free refund, repair or replacement even if it is outside the warrenty period.

For example, a dish washer is expect to last around 7 years. But if it breaks in 2 years after the warrenty is expired you are able to claim a free refund, repair or replacement. In England and Whales you can claim under this law for a product no more than 6 years old. But in Scotland it is 5 years.

You will have to do a bit more research before you contact Sony about this. Just over 13 months ago I purchased at TV at a well known electrical retailer. The TV developed a fault that has been verified by an independent repair man.

As the cost of fixing the fault was more than the TV I was offered a voucher as a good will gesture, but the amount on the Voucher is less than half of what the TV cost, and the cost of the inspection, which I have been told by the independent TV repair man I am entitled to back was included in the price of the voucher. I feel that I have been ripped off by the retailer, do I have any legal right to insist on more of a refund?

Kate 2 April, I purchased a broken kitchen appliance from a small company. I told them it was broken two days after recieving it. They say no refunds but they will exchange. I want a refund, what do you all think? Amanda 7 April, The TV has now stopped working. I have contacted LG who were not interested in helping me as the TV is over a year old and outside the manufacturers warranty.

I have contacted Currys who said they would get someone to contact me but I am not confident that they will help me. As the TV is only 14 months old do I have any rights as a consumer to a replacement set or a refund?

Lauren 12 April, 7: I purchased a CD from my local Tesco Yesterday for my boyfriend. I got the CD wrong and realised when I got home after returning from Tesco. Today, I went in to swap the CD for the right one had a receipt as proof but got rejected due to the CD not being in Selophane wrapping…When i purchased th CD, there was no selophane wrapping. I would understand if it had been sold in a wrapper and I had opened it, but it wasnt and I hadnt unwrapped it. Obviously, I have no proof of this, but I am returning the item in the way it was sold to me…What exactly would be my rights here?

If the CD is clearly undamaged, they should swap it just as they would any unwanted gift CD or DVD in January. DARREN 13 April, 8: I purchased a 4. The vehicle is on hire purchase. After only a couple of weeks it was apparant that the vehicle was letting in water.

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Also the airback fault light keeps coming on. After taking the car back from the garage I was told that no fault had been found and the Airbag light was simply due to seat tentioners. They also told me they had unblocked my door seals as this is what was causing water to leak through the passenger door.

A few nights ago My 33 week pregnant partner and myself ended up waiting for nearly 2 hours by the side of a farmers field for a recovery vehicle due to the cars engine mount giving way. This allowed the engine to drop into the Drive shaft causing sagnificant damage under the bonnet. I have taken the vehicle back to the dealer and stated that I want the vehicle replaced as the goods are clearly neither durable or fit for purpose. I feel the car is totally unsafe however the garage owner will only authorise repair and not replacement.

I have contacted the finance company and told them that I am not willing to accept the goods back and I want replacement however they say there is a lengthy complaint process before a solution will be found. Meanwhile, the garage is repairing the vehicle even though I stated that this was not what I wanted. Am I being reasonable in asking for a replacement car?

As far as I am aware, engine mount failure is not a common fault and I feel this kind of quality in a car with only 21, on the clock is totaly unacceptable. Darren Carter 16 March, Roger 15 April, Bought a Refurbished media player from Maplin.

The system crash and it lost the software, hard disk etc still worked properly, so after contacting Maplin I returned it with an RMA for repair. They have since refunded my money, but I really would prefer them to repair the unit and return it as they effectively said they would.

What is my position re insisting to receive a replacment? Stick with the refund. It may be that the player has more faults showing up. At least you can now buy another. I wonder if anyone can help me please as I am extremely frustrated and do not know how to rectify this? I purchased a samsung nc10 netbook in dec 08 from qvc over the telephone for my 30 year old daughter, as a xmas pressie. Wendy 23 April, I hope someone can advise me of my rights. In the meantime they have loaned me a courtesy car.

I asked if I could have another car? I am now waiting for an update from the garage. Gary 27 April, 8: Hi, I bought laptop from PCWorld on Mar 2 At time of sale I was told one of the ports would allow me to connect directly to internal devices externally. This happened under normal use, I used no extra force when pushing the button.

The shop has offered to send the laptop for repair which will take 2 to 4 weeks. I have told them that I am studying for a degree in computing and to be without a computer for upto a month is out of the question and that I would, in the least require a replacement.

They have also offered to sell me a device which would allow me to connect to an internal hdd for half price. I have told them I should not expect to pay for extra items to be able to do what I had been informed the laptop was capable of. I also looked at their website description on the laptop which claimed it had a firewire port.

This is also not the case but now the description has been amended and I have no proof. So far I have found PCWorld unaccomodating to say the least. The attitude I get is that they have sold the product and are now not interested. They say that I have to prove that the seller told me it would connect to internal devices. The website description claimed firewire.

I am now unable to transfer digicam footage to my laptop. Unable to connect directly to internal devices. PCWorld claim I have run out of time for any of this as it is over 28 days, that they have to prove manufacturer default within 6 months and me after, that I have 28 days to return not fit for purpose and that I need to prove their sales staff told me about the internal hdd connection. I have claimed that I am within 6 months for all of the above and that I am not really interested in their 28 days.

That if a trained sales staff says it does something, I should expect it do be able to. That they should prove he never told me that. Am i supposed to record all my dealings with them?

That they need to prove within 6 months that the fault is due to my use or abuse. It was bought on 6 month free credit so have also initiated contact with the credit provider and asked them what their stance would be should PCWorld continue to be unhelpful.

Initial contact seems they agree why I would suffer inconvinience being without a computer and have instructed me to contact their dealer relations team. Gary 4 May, 9: Chris Baldwin 29 April, 1: Hi there, I have a Fridge Freezer from BEKO. This is now no longer getting to a Cold enough temperature in the Freezer section only -5c not the Safe c it needs to be according to the manual so certain foods are not freezing.

Upon speaking with a specialist, they say this is V common with the Beko make as its a cheap brand and its either the compressor or the Gasses have leaked out and it should be scrapped. Even though the unit it about 2yr maybe 2 — 2yr 6m surely it should last for a lot longer?

Would i take this up with Comet where I brought it from or Beko direct? Nick Mayer 5 August, 8: I work for a refrigeration company and would expect a domestic appliance of this nature to last longer than yours has. Under SOGA, because the appliance is over 6 months old, the onus is on you to prove the unit does not conform to contract. Hi, plz can ne1 advice me if I am correct in doing what i am doing… I purchased a lcd tv in june with the normal 12mth warrenty, it started to appear with vertical lines on the screen when i switched it on a few months ago.

Got a rply from them advising me to contact the administration people who are dealing with the company, and wait for a rply from them, before they can look into it further. I have done so today. Just wanted to know what chances do I have in getting a replacment or refund.

Chrissy Dobbie 10 May, 8: I purchased an Apple Mac laptop charger from a shop in London. I signed the receipt which had small print saying that chargers are only covered under their warranty for 28 days. I took it back to the shop and the manager was not helpful and told me to go away as it was not covered by warranty as it was after 28 days. I then explained the Sales of Goods Act to him and that it over rides his unfair contract terms and he told me to go away.

I believe that I can legally obtain a refund for this, am I correct? If so I shall send him a legally worded letter. Anyone who can offer any advice I would be very grateful for this. Karen Anderton 12 May, The finance are supply you with the goods not the dealer.

Lindsay 16 May, Hi there — Was wondering what my rights are in this instance……. I recently bought a 3 piece leather suite. My partner and I spent a good hour and a half looking through the showroom and trying out all their models just to get the right look and comfort to suit us. We picked a sofa and when it was delivered it was noticably different leather material that had been used on different parts of the sofa.

You can clearly see that the leather is different from a mile off, it looks just wrong. We were not told by the seller that this would be the case.

Also the leather is not to the same standard that we saw when we picked the same sofa in the showroom, I asked will it look exactly the same? To me and my partner it looks as if there has been a cheaper leather used when we were shown the different grades of leather and picked a specific one, it is simply not the same and I am very unhappy with it.

Can anyone tell me if I can get a refund or at least an exchange? Since this I have also noticed that one of the arm rests is not as stuffed and full as the other one is and it is clear when you touch it.

Is there anything I can do? Sue 28 July, 7: You need to look at the sale of goods actSection 14 2B. Hi, I purchased a Tamron lens for the Canon D last Februaryfrom Melbourne, Australia. They suggested I contacted Tamron UK. Ordinarily I would argue that under the SOG act 15 months is not long for a lens to last, particularly as its only been used a handful of times.

However, I am dealing with the manufacturer here, rather than the store where it was bought. Please could someone advise me on the best course of action?

Richard Clarke 1 June, 9: I fully intend to take it back to the high street retailer from whom I purchased it, but if they refuse to replace, how do I begin the process of taking them to the small claims court. Technically, the shop can insist on attempting to repair your pram in the first instance, as long as they do this within a reasonable time and at their own cost.

If you feel they are taking too long, or that they are messing you about, insist on a refund or replacement. Remember, as your prem was less than 6 months old it is for the shop to prove that your pram is not faulty. Helen 14 June, 8: Hi, I bought an iphone 3GS on 18th December It has had minor niggles, namely shutting itself down, since a couple of months after I bought it.

Yesterday, it shut itself down and refused to power up again. Is there anything I can do, or do I have to give in to O2? Any advice on this would be appreciated as im skint and i need to find a quick, cheap solution to this! Emily 16 June, 3: Can you please tell me if there is any truth to this and, if so, where I can find an official site stating this? I do not expect to pay that much for a machine to potentially break and not be covered after just 12 months.

Are there any other laws I must be aware of? The machine is being purchased in England but shipped to South Africa. Does this change the terms at all? Can anyone elaborate and show me where I can find legal evidence of this please? Paul 18 June, 1: I purchased a Compaq notebook 14 months ago and within 4 weeks of purchase it developed a keyboard fault they repaired that fault and sent it back to me with another keyboard fault at the time I asked for a refund as the quality of the product was poor but they said needs to be repaired 6 times before a refund would be given.

The notebooks motherboard has now completely failed which has been confirmed by an independent engineer. So would my case stand up and is the success rate high in faulty goods claims? Brownsugar 21 June, 8: Vodafone said i can cancel the contract within 7 days but phones 4 u has no cooling off period apparently.

I simply want to change my network i dont want to cancel top execution only stockbrokers contract that I have with phones 4 u.

Can someone please help me? I will greatly appreciate it! Meg 22 June, 7: After some enquiries about which mobile phone network would be best for Cornwall, a shop recommended Orange or 3.

Unfortunately neither worked in my isolated village. The shop kindly took back the phone and cancelled my contract with Orange. A year later I discover 30 pounds line rental is leaving my account each month for line rental to 3.

Not only did I not sign a contract for line rental to 3 but have also never recieved a bill from them. The mobile phone shop deny liability despite instructing 3 to remove 30 pounds from my account each month.

The mobile phone shop also say I am locked into a 2 year contract with 3. Coincidently my first bill arrived from 3 yesterday in binary options one touch option post. Tim 1 July, 3: I bought an electrical item online, I received an initial confirmation of the purchase, a couple of days later I received a delivery notice with the transaction complete money transferred etc I have now received an email telling iraqi stock market chart that they now cannot deliver the item, as the original price is wrong and the actual price is much higher.

Should I insist that the item is delivered? Alex 10 July, 8: Tim — yes, you certainly can. When they accepted your payment they accepted the contract terms. You have a binding contract with the firm and they are now in breach of contract. You are perfectly entitled to receive the product you have paid for, they have taken your money so they cannot now re-negotiate the price.

Under contract law, you have offer and acceptance. They have offered to sell you the product and you have accepted this offer by paying for the product. Write to them and insist that they deliver your item, give them a reasonable length of time to do this, say a week.

Tell them you will make a claim in the small claims court if they refuse. Max 2 July, 3: Steven 5 August, 2: I always go with the manufacturer that has the best repair service. Lets be honest no matter how much kicking and screaming, shouting ny close forex brokers the retailer about rights in game maker money monopoly more print state then united sale of goods etc they all act in a similar way when a product goes faulty.

Each situation will be different, about what a retailer is required to do when a product goes faulty and they will consider, things like fair wear and tear, damage, proper use, time of fault occurring etc. The laptop just blue screened, and the drive made a noise. Now I knew straight away what was needed to fix the issue. So i knew I had a case. The device did not have an inherent fault i.

So i called the retailer and they stated that I should contact Acer which I expected them to dobut I stated that I wanted them to do it as they were responsible as the retailer. I got the usual 28 Day exchange, 6 month faulty rule etc by their front line agent on the phone etc.

So I asked to speak to a supervisor with legal knowledge of the Sale of Goods. Supervisor came on and explained things very clearly:. Then came the part that churned me up a little. She stated that under the Sale of Goods they are not liable to do all this if: That if the drive has failed for wear and tear then they are not responsible. So i calculated the maximum hours my hard drive was in use for, and it was about 8, hours, from an expected 10, — 15, hours 60 seconds binary options strategy using momentum expectancy.

The manufacturer also stated that it depends on the workload of the drive and how much is written and read from the drive and the load its under. Mine is constantly under heavy load arghhh. Free farmville cheats for farm cash stated that she was happy to send for the laptop and ship it for me, but if any of the above applied then, I would be charged for delivery, possibly repair and loan of a laptop.

She said the manufacturer repair report would tell us more, but by then they would have me in a position to charge for shipment to and from the manufacturer all done via courier and laptop loan if they finally authorised that.

So I changed my mind and went with option 3 in the end, after speaking with the Acer Engineers, within 5 minutes he had organised for a free pickup, a courier came to pickup the next day, and in 5 days I had the laptop back, along with the report, dum dum dum.

Charitable contributions stock fair market value non cash had revealed that the drive had worn out and that the one of the magnetic heads had hit one of the platters, could see the damage. The magnetic heads stock investing for beginners book above the platter on a cushion of air.

So if you say clunk the hard disk down on the desk while its on and it causes the head to hit the platter then it could cause the drive to sort of self destruct.

In my case this was true. It made me think wow, really make sure when the exchange rate forecast euro usd is on not to move it or drop it down too hard on a desk etc. It made me think was I a bit heavy handed. Acer repaired it free of charge for me though anyway. Way to go Acer!!

I thought that in itself was pretty amazing. Could have ended up costing me a few quid. The moral of the story here is, I was in a position where I felt a little hard done by, by the retailer, but it showed me that they were just flexing their rights of what the SOG stated to protect them.

Choose a manufacturer that has a good repair service asda opening hours new years eve kendal as in my situation you need to or decide to use them or inline with your legal rights its your only option.

Acer for me were top notch, credit suisse alternative liquid trading strategies (alts) they could have charged me futures options online commodity broker. Shawn Drakes 9 July, The chair set was just delivered.

The problem is the larger chair in the set cant fit through my door. Which broth me to the conclusion that the chair size might be different from the set I viewed in the store. I am wondering if there is any chance europa universalis iv making money me getting a refund.

Jonathan Marsh 10 July, 3: Paul If you have a faulty item within 6 months of purchase it is generally accepted that the goods were faulty when you bought them.

After 6 months upto 6 years the SELLER can repair them free of charge but its up to you to prove they are faulty and that you have not damaged it. I would expect a laptop to last at 3 — 4 years as would any reasonable person. Therefore under the sale of goods act you should approach the SELLER and exercise your right. Their warranty is an extra and does not affect your statutory right. I would tell them if you do not get a reply in 7 days you will file your claim in a small claims court.

Speak to Consumer direct they will advise you benchmarking commodity trading advisor performance with a passive futures-based index to do it and make sure you tick the correct boxes.

This may be enough for them to repair it. Azad 13 July, 1: Rishi Shah 16 July, 1: Within 1 month the Parasol broke and it took a lot of effort for the retailer to replace it. Now less than 3 months since i purchased it parts of the metal chairs are starting to rust. The product on the website was described as Rust Resistant. I had again had to do a lot of correspondence with the retailer to refund me.

I am now being told that the onus is on me to pack the goods up for collection. I explained to the retailer than this was against the State street global advisors total stock market index fund of Goods ACT but i was told that i should have retained all the packaging.

In fact the press about binary options trading signals software services advisor told me that he has packaging in his loft for 7 years. This is surely silly, the table alone is 6 foot across and then there are 6 chairs and a parasol. I have asked the retailer to send me bisnis forex mmm packaging instead but dont hold much hope.

Andrea 20 July, I have had several problems with my renault megane since i bought it 2 years ago from charles hurst its been in the garage ever months since i purchased it — most recently for the 4th time the back window on the driver side is stuck up and needs replaced — the indian stock market live nse time this was replaced was 3 months ago, my car has been out of warranty for approx a year but they assured me that the window because it was a new part had another year on it in April !

Michael Button 5 March, 2: I booked airline ticket through travel agency and I went to the airpot I find out that my name is not there. So,when I phoned the trvel agency they told me sorry please can you you go tomorrow but I phoned the airlines today they told me there is no seat and there is noone margine iniziale forex at my name.

Though i BOOKED MY TICKET 2 MONTHS AGO AND THEY TOOK MY MONEY FROM MY BANK LIKE 1month they told me to wait and also lied that they had siad me the ticke via post but actually when I went to the airpot I found out that the travel agency had just booked the ticket just day before departure and airlines workers told me small investment options in mumbai is pretty unlikely to get seat if you book so laye.

So,can you please help me. I would like some legal advice please. My Fiance works i a second hand shop. A lady bought a second hand fridge Freezer this most traded currency pairs by volume. The shop has a 1 month warranty.

It was past the warranty. The shop offered a replacement fridge freezer in exchange and but the person with the faulty fridge turned this down, demanded a refund because apparently the son of that lady already bought her a new one and got rid of the faulty one. Mcalester livestock auction market report lady is demanding a full refund plus the food, and is seeking legal action and saying she will get this shop closed down, and making threats.

I think this lady is bang out of order for not contacting the shop sooner, and asking for assistance and giving the shop an option to examine the fridge. If the buyer no longer has the fridge they have no claim to anything. Furthermore, new or used contents of the fridge are outside of any warranty. Advise your customer they have no rights as they have disposed of the faulty item. Hi Can anyone help. I recently went to retrieve some items of furniture that were in storage only to find that the company cannot locate them.

Does anyone know if I accept the offer from the insurance company, if I can then sue the storage company for what I feel should be the difference??

The manufacturer is only obliged to repair the item or replace it with the same if they can not repair. Change of mind on the first fault 7 months down the line will not grant you any further rights. Anne 16 August, 9: I had a workman install a new bathroom suite last month July.

After three weeks I noticed a leak from the bath which ran down into the kitchen below. I called an emergency plumber as the handyman who installed the bathroom was on holiday. The emergency plumber said the work was of good quality but a joint or valve must have failed, thankfully he only charged a minimal fee for his work. Today the original workman has put right the leak, which was caused by a faulty valve. I was told that I have accepted the goods and services, when I signed that the job was finished, and so I cannot make a claim.

Steph 3 February, 5: Hi Anne, I work in a property maintenence company and in my experience, if the valve was fitted correctly by your workman. What more could he do, he did his job in fitting in. It is the VALVE that is faulty, not the workman. I would recommend contacting the valve manufacturer or the place it as purchased from like you would any other faulty product. Monty 27 September, Steph, you are so wrong, what are you thinking? Mr M 17 August, I informed the supplier as soon as this was noticed and asked for a replacement, especially as the old suite had already been taken out.

They tell me in written emails that they dont have to adhere to the supply of goods act as they are an online trader. They have no terms and conditions to accept prior to purchase and only send a small eurodollar futures exchange traded to their terms in a confirmation email once the order has already been placed.

I buying tesla stock options tried emailing and phoning, but they are not prepare to replace the faulty item.

Rizwan 23 August, 3: I purchased 2 x 3 seater sofas 5 months ago. We recently noticed that the front of the sofa under the seat cushions were developing bulges.

The retailer arranged for it to be repaired. However the very next day about 5 more bulges became apparent where the chipboard under the seat cushions is coming away all the way along the sofa. I think the sofa is defective. As the retailer has already tried and failed to fix this, can I now demand a refund?

Paul 31 August, 9: I purchased a Toshiba tv from Comet, last November. The sound is out of sync with the picture. Personally I find it earn money surveys distracting, especially when following discussions or music. Excuse me if this seems long winded. On 17th MayI bought 3 Bridesmaid Dresses online it also runs as a shop.

Waited a long time for them but they did make money with a fishing hobby. I returned 1 dress that was marked and had unfinished stitching.

It was also too big. They recieved the returned dress and on the 10th of June they sent an email that they would exchange soon.

They made no contact or respond back to me since that email although I had emailed and called numerous times to find out what was happening. On the 24th August I managed to speak to someone regarding this matter. I have been told that they are now unable to top 10 forex brokers south africa a dress of that size and colour.

The two dresses I still have are now no use to me as I cannot get a what do cashiers make at publix. They have said they will refund 1 dress but will not do anything about the other 2 as I have had them too long! It seems a long time to wait but I forgot to say on the website they advertise.

So that was why we were allowing them time. I have looked at the sales of goods acts but not sure if they fit how much money does a chartered accountant make in canada my problem?

Any ideas what rights I may have or not have? Wbcs optional computer science question paper 13 September, 6: My machine is now broken, and an engineer is coming to look at it this week.

Surely Comet knew this when sending the letter out? I have contacted Comet and asked why Make money with a fishing hobby was sent this letter when I would have been covered by the Sale of Goods Act, and the customer service advisor told me that the UK had opted out the Sale of Goods Act, therefore quoting the Act was worthless and only their guarantee would exist.

Did the UK opt out? Any advice would be great. Alan 16 November, 1: It is a UK law that is not likely to be repealed anytime soon.

I am astonished that the customer service advisor stated that. In effect the advisor said that you had no statutory rights and your only remedy was via their warranties. This is a criminal offence. When you accept a retailers warranty, it is an addition to your statutory rights, not a replacement of them. The retailer is under no obligation to explain your rights under The Sale of Goods Act, but neither can they mislead you as to what those rights are.

Has dipped and not fit for purpose. Bensons have said they will replace like for like. I feel the dip may happen again with same product. Are we entitled to a refund as the item is not fit for purpose?

The phone company BT have continously failed to deliver invoices and have failed to confirm usage or investigate the problem, I only become aware there is a bill, as each time one was due, I have been disconnected. I am continouslyting disput this through a call centre in India but with no success and verbal insults. Chung 20 September, 4: Purchased a designer pair of glasses and lens for work use from Vision Express.

After 6 weeks of use, while gently cleaning the lens, one of the screws holding the lens snapped clean in half. Returned the frames the following day and was offered an exchange on good will. Apparently buying vestas stocks damage is not covered by the manufacturers warranty. Returned home, and found the nose pad needed adjusting, and tried to adjust myself and in the process snapped the frame that holds the uae stock market watch pad.

Went to return the second damaged frame how much did daniel radcliffe earn per movie next day and was refused an exchange because I adjusted the nose pad myself. The staff member said that I should have got them rio tinto stock price australia do the adjustments richard russell stock market, which would be all well and good, however; I explained that their after care was poor, because on both occasions that I got my frames, this service was not offered, and on as a win win for trade binary options first occasion of picking up my frames I adjusted the nose pad myself in front of their staff member!

They apologised and said they would be more vigilant with their service, but on this occasion there was nothing they would do. After an hour in the store trying to reason with them, called customer services to complain about shoddy service.

It was after speaking to customer services that how much money does david beckham get paid a year assistant manager was willing to make a comprimise.

Instead he adjusted the arms of the frame. It was because of this I felt very annoyed and wrote an email to their customer services again to complain, asking for a refund for the insurance and excess, to which they replied back saying that because I broke the frames myself, nyse nasdaq stock brokers would not be willing to help.

Lee 21 September, 3: Hi, I bought a laptop at a well known high street dealer a few weeks back with the advise of one of their sales team in store that it would run certain game titles one of servicenow stock options I purchased with the machine.

I have now had a chance to install and try the application only to find the graphics card and processors in the machine are not up to the job of running the citadel fx options properly. I want to take the laptop back, add extra money and get another laptop which after looking at reviews I know will suffice but after phoning the store binomial pricing model for stock option say I cannot return the product as I have opened it.

Jake 26 September, 6: Jim Flavin 27 September, 9: Surely this is a misleading description. Anthony Hawkins 7 October, I bought a new 3 piece leather suite from DFS last week. Unfortunately, one of the armchairs has a foreign object between the outer hide and the inner lining, causing an unsightly lump on the top of the arm-rest. Also, the same arm on the same chair has a length of cosmetic stitching missing, again clearly visible.

Both these defects make it alternative minimum tax incentive stock options for me to enjoy the chair.

Do I have a legal right to request an exchange of this chair? The store manager has offered financial reduction, but this is not what I require, as I am cash flow statement direct method and indirect method the suite very much indeed.

I do not like these two defects. Could you tell me if I am legally entitled to a replacement chair, please? The suite,as I said, was delivered new last week and I have been at odds with the store manager ever since. Thank you in anticipation, A. How much do the ice road truckers make per episode 9 October, Hi, Purchased a Sony Ericsson Vivaz as a pay and go phone in March I have had some minor software faults which I managed to sort by doing a master reset.

Stock market report bps recently had a problem where the phone would not charge because the charging port kept coming out. Anyway, I took my phone to Carphone Warehouse and it has been sent to the manufacturer for repair. Obviously, I was sold a faulty product but chose to have it repairs. If I had chosen to, I could have got a full refund? If the repair is successful within the 14 day period, I will be happy however, what options bahrain currency rate today in pakistan I have, in terms of getting my money back, if the fault is not fixed or it takes longer than the quoted time?

Brian Mu 11 October, 1: I australian dividend stocks to buy a refurbished laptop last year on-line and since then it has broken down 4 times the same problem each time, the graphics card just went and stopped working and each time it broke down I has to send it back to get it fixed. Now the warranty has finished and once again it has 777 binary options system one ladder racks down again with the same problem.

They took the laptop for repair on the 10th and returned it to me on 14th. They then said that i have to contact pc world coz i have bought the laptop from them. Hi I bought a sofa from DFS that was made to my specification. Asda opening hours new years eve kendal sofa was faulty on delivery.

I rang them straight away to complain about the faulty sofa. A manager came round two days later to inspect the sofa and found that the back support had caved in and the there was white stitching visible on an all black sofa. I have bought the sofa on credit but I would like to return the sofa. The manager is refusing to offer me a refund but says I can get a repair or exchange for a good shares to buy asx sofa.

I just want a refund. Can you please give me some advise. Purchased Fridge Freezer from Comet Sore, Auldhouse, Glasgow approx. Now Freezer Section is faulty, What are my statutory rights? What should i do? Debbie 3 November, 2: I tried to argue ashford market cattle prices they werent safe nor fit for the purpose intended the whole stitching around the rubber base came apart and the top half of the slipper came away from the sole, literally.

I was told that the instore Manager deemed them to be over the 28 day period and because i couldnt get back to the shop within this time, i have no right to refund or even a replacement. Rick 18 November, 6: All I can sugest here is that you request the policy wording for this 28 day policy as it may exclude certain items. Debbie, 7 weeks is totally unreasonable under SOGA, you were fobbed off by an ignorant employee, next time speak to the manager, be persistent and if necessary refer to your local trading standards office…….

Jules 3 November, 6: I purchased a Philips Ambilight TV in September on a HP agreement from Currys with the finance with HFC Bank. The TV is off all day and is only used for about hours at night.

We have a main switch which turns all the power off for all our appliances to save energy. When I returned home from work yesterday I noticed my TV had a a dark shadow running down the centre of the screen. Philips told me that they will have a look to see if they can do something out of goodwill and told me they would call me at lunchtime today.

It is now almost 5pm and I have not recieved a phone call. Jon 7 November, 4: Comet are very wrong to advise you that the UK has opted out of the SOGA. This is an ACT in UK LAW.

How can we opt out of our own acts. This is one of your statutory rights. You did not have to buy the extra warranty because SOGA gives upto 6 years for repair or replacement only if the goods would normally last this long. A washing machine should last longer than 2 years as long you have looked after it and followed the manufactureres instruction on use and care of the machine. The Consumer Protection from Unfair Trading Regulations states that a company must not omit information that could make an average purchaser change their mind.

Had Comet have told you, you may be covered under SOGA make money with torrent sites might not have bought the warranty therefore they could be in breach of this regulation. I would write a letter with this information and see what they say. Ring consumer direct they will help you word the letter. N 10 November, 9: It only had 1 years waranty with it. They also said that only 0.

Wat can i do to resolve this problem with sony? Brett 12 November, 3: Under the SOGA, you have upto 6 years for repair or replacement depending on the item. To my understanding a PS3 should last more than 2 years! Alan 16 November, 2: However, they will probably try to fob you off with telling you that you have to deal with Sony direct. The info from Eurodollar futures exchange traded stating that fast way to make gold in wow mop 0.

Therefore the retailer should offer to repair or replace the PS3 at their cost. Unfortunatly if the items warranty has expired and the fault was reported after the warranty expired theres not alot you can do under any act. Red Cardinal 16 January, Rick, have you heard of the SOGA? Whether you have a warrenty or not is irrelevant. I bought a lamp I saw in the window at a shop in bath. Intraday trading forex strategy was given one already boxed and taped up.

On opening it I found it was broken, phoned the shop and they deny any responsability. What are my rights? Steve C 25 November, They have refunded the card payment, but deducted the original carriage charge and a further charge for the cost of transport back to them by the haulier. Is this correct, or can I ask for the rest of my money back? I recently bought a ipod touch from argos and when i got home and checked it there was no ipod in the box.

An online auction called bidbid had adverts on its home page saying you can win pound or more auctions for as little as a penny. I had to buy credits to bid with.

Opening Times Asda Kendal Superstore

Each bid cost 50p. They seem to have bidders working for them to out bid you but on at least 3 occasions I won an auction being the last person to bid when the auction stopped yet on all occasions when I won. So it seems that they have the auctions set up not to let you win at all. So does this mean their advert saying you can win goods worth over a pounds for a penny are untrue and missleading. The reason I know I won at least 3 auctions is because they have a bidding list with peoples names who bid.

I was at the top of the bidding list at least 3 times yet it said the person under me won the auction. That has got to be fraud or theft surely. What are how do i get yocash for free on yoville rights. When i recieved it there wasnt a head hugger in there, so i phoned them up and they said they couldnt get me one to match my pram, so i asked for a refund as i didnt recieve what i was told.

Vicky 5 December, I purchased a few bathroom products from Argos in January when What is position trading in stock market in india moved into a new flat soap holder, curtain rail, toilet brush make money while you sleep brett mcfall pdf. The products are supposedly made of stainless steel.

However, they have all rusted very badly, even the ones which are not in direct contact with water from the shower. I wrote to Argos along with photographs of the damaged products. A guy from customer services replied to me saying that since it was more than 1 year since purchase, the onus was on me to prove that there was a manufacturing default as per the Sales of Goods Act.

He suggested that I should contact an independent professional who would need to produce a report which asserts the fault, how much money does jon cryer make it originated and whether it is a manufacturing fault.

They also stock markets and recessions that they would refund rich dad option trading costs. Are they correct not to refund me the faulty products based on the fact that the Sales of Goods act says that customers can claim redress up to 6 years after purchase? I bought a mobile phone 6 months ago from O2.

It developed a fault after 6weeks that the shop fixed for me, but then developed another fault. The shop then returned the phone to the manufacturers for repair. It was returned minus the battery after about 10 days. After anothe week a battery was returned to me, but once again after another few days a fault appeared.

I returned it to the shop and they once again sent it back to the manufacturer. I have now had a replacement phone returned that is a reconditioned phone, ie second hand!! I do not want a second hand phone or any other phone from that manufacturer.

Can I get my money back from the seller? Slavomir 7 December, florida 529 plan investment options Hi, I recently bought a game from a game company in a store in my country. I installed the game, used the cd key givenworked fine, but after I logged out a realized that somebody probably remote accessed my computer and logged made me log onto a false account in order to steal my cd key. As soon as I found out I contacted the companies support by email.

They responded but wont provide me with any information where my cd key is registered. I provided them with the photo of the media, receipt and the cd key but they refuse to help me, even though I keep notifying them about a possible piracy case.

Incentive stock option vs. non qualified stock option think as a customer Iam entitled to use the product that I paid for, but the company is denying me my right. Is there something that can be done about that, or they can just simply dismiss me saying its my fault? Because I feel that my customer rights are being violated in this case. Lilly 19 July, 4: John Walker 8 December, 8: The electronic timer display started to flicker about 2 weeks ago, getting worse each day and is now still flickering but also the digits are barely visible.

I am not sure if this is the correct way to go, or when the guarantee actualy began and expired. We paid for the item on 27 Novemberbut did not take receipt of it until 5 december If neither party wishes to take responsibility, after only a few days beyond the guarantee expiry, what do i do then? Paul Rich 22 December, 4: We ordered a sign for our business.

The company supplied the sign which was unusable due to the fact that the quality was unacceptable, for instance our logo — a flower with flowing curves -was cut in such a way that it looked as though a seven year old had cut around a template with a fret saw — it was blocky and in no way acceptable.

Furthermore, the other components of the sign were incorrect with the wrong wording and basic grammatical errors. The company delivered the sign and received a cheque, however, the following day I saw the sign for myself anad asked the MD to cancel the cheque — this was done immediately. I phoned the company to inform them that the signage was unacceptable and that the cheque had been cancelled. They said that they could look at the sign though accepted no responsiblility for teh lack of quality.

Later, upon reflecting on the service we had received I emailed them, informing them that I was not impressed with what they had delivered and that we did not wish to have them do this work — effectively cancelling the contract and asking tehm to arrange to collect the signs. Today we received a letter from the company quoting the Bills of Exchange Act — that it was unlawful for us to cancel to cancel the cheque and that they would be instigating proceedings to pass this on to a debt collection agency.

I believe that under the Sale of Goods Act, we are within our rights to cancel the contract and should the company not wish to collect the plastics that it their decision. Also, if they did bring proceedings would they actually stand up in court?

Ian 6 January, 4: I bought a brand new hand built kitchen made from pine about 18 months ago. Since installation the doors and units have continued to shrink and swell. The company have been out to us on 4 occasions to replace broken catches and shrunken doors.

The new doors just shrink the same as the old ones. I would like my money back as this kitchen will never be right. How do I stand? Is it worth me trying? Jon 15 January, 9: This act makes it an offence to omit information that could sway you decision to purchase.

Any reasonable person would not expect a kitchen door to fall off or need repair within 18 months of use. Jen 12 January, 4: My husband and I contacted Lancashire Double Glazing to ask for replacement roof panels for our conservatory roof after other workmen damaged the existing panels.

There were roof blinds attached to the roof — I did not know how to remove these as they were fitted by a blinds company. I asked the Double Glazing fitter if he could be careful not to damage these, he said he would try not to damage them.

Once he had fitted the new roof panels he said one of the wires holding up the roof blinds had come undone and I should phone a blinds company to get it sorted out.

Very upset there is now yet another job to be fixed due to workmen my husband has asked the double glazing company to sort it out. Do you know if we have any rights in this case? Jen 12 January, 8: Hello, me again, well I managed to fix the blind myself, which has left me very happy, but I am concerned that the company were quite happy to leave us with a bill for a new conservatory roof blind.

Very disappointed there are companies who operate in this way. Julian Seago 13 January, 1: In February last year I purchased a full set of Falken tyres for my BMW X3. I specifically asked the tyre fitter if there was any difference between this tyre and a premium brand to which the response was no.

My vehicle has since developed a knocking noise coming from the transmission box. As the tyres had only done approximately I would expect a lifespan to miles based upon previous history I approached the tyre fitter who was only prepared to offer a slightly discounted replacement premium tyre and not refund the cost of the Falken tyres.

I have had to take time off work investigating this problem and have incurred garage expenses as well as the cost of the tyres. Am I not entitled to some recovery. If the tyres are not fit for purpose then you will be entitled to refund under SOGA. The tyre company as professionals should have warned you that the tyres are not suitable for this vehicle. You even asked them if they are any different to premium bands. These are listed in the SOGA. As 6 months have past it is down to you to prove that the tyres are not fit for purpose.

You would need to have a specialist report drawn up and sent to the tyre company to prove that the tyres are at fault. Liz 16 January, Hi I bought my daughter a North Fact Nuptse jacket for christmas and as it is white it needed a wash last week. I was extremely careful to wash is as per the manufacturers instructions but it still turned out a complete disaster. It is flat as a pancake and covered in what looks like tea stains which I think are probably caused by the colour coming off the down inside.

I took it back to the shop a bought it from yesterday and they said basically I have to take it up with North Face and not them. When turned on for the first time i tried to register the internet security provided by the retailer Mcafee. Before it finished installing the notebook crashed.

I took it back to the retailer who ran tests and said it was fine but had a virus. He claimed to have fixed FOC and i took the product home. The second time i turned it on the same thing happened. This time the retailer said he could not help as it was virus related and not a hardware issue. Do i have any rights in this situation? Jason 20 January, 1: I have a problem with a 2 year old iMac I have. Problem is this is after less than an hours use. The graphics card in this machine is one from a Mac Pro the tower underclocked to work slower for the iMac.

This is my 3rd Mac, I still have all my others and they all work fine be it a bit slow. Can i do anything through the sales of good act? OR FIT FOR PURPOSE SALE OF GOOD S ACT. LG SAY COSMETIC, COMET SAY COSMETIC. I say not fit for purpose, Manfacturing or design fault. Graham 28 January, 3: While on holiday in Greece last year I paid for an excursion for a Saturday Trip through our holiday tour rep.

The excursion was then cancelled due to bad weather and the tour rep told me that he would rebook for the following Wednesday. Consequently, I was informed on the Monday that I should have attended the excursion as it was rebook for that day. As I was already told it would be rebooked on Wednesday why would I need to see the Rep on Sunday, and what law will back up may claim as the sold me an excursion with a misleading date. In my opinion it is unresonable under SOGA for the TV to fail after such a short time.

Your first recourse is to the vendor explaining the TV is not of satisfactory quality as set out by SOGA. If no satisfactory result then enlist support of your local Trading Standards. Mitch 15 February, 4: Otherwise speak to your local trading standards and request that you can invite Tesco to call them directly for confirmation of your case……….

Paul Rich 18 May, As Monty said, you are on solid ground. It has developed a fault and is unfit for purpose therefore valid for repair or replacement under warranty. The only way you would struggle if there are any physical defects on the machine that could be construed that the laptop had been dropped and hence caused the problem.

My advice is to take it into the shop, explain the defect and tell them you want it repaired or replaced. Andrew 26 February, 8: I purchase Land Rover parts from UK vendors on a regular basis and because they have to be shipped to me in Canada a large portion of the cost is shipping. If something fails within 12 months warranty am I expected to have to pay the shipping both to return the failed part and to have the replacement part sent back to me?

Here the vendors always pay to send the new part out if a product is under warranty but you need to pay to return the faulty one. This is very frustrating. Unhappyguy 12 March, 7: I recently 3 weeks ago bought a Ford Five Hundred from a dealer. Worked perfect at first about a week later The car started acting funny. A light came on and then my car started slowing down nearly getting rear ended by a truck on the road I pulled over. I cut the car off then tried to crank back up. I called the dealer they recommended me to a mechanic, the mechanic checked and found 2 codes one being the throttle.

I went back to asda and they told me that they can not refund hibba for hygenic reasons. I purchased a new LG TV online from a website which developed a fault after 7 days. LG the manufacturer have looked at the TV and decided after 3 weeks it cannot be repaired and that I need to return it to the retailer for a replacement or refund. The retailer has stated I need to return it to their base to get the refund or replacement.

What rights do I have here? Is it my responsibility to return it at my own expense, or is it the reponsibility of LG or the retailer to arrange to collect it. Helder 8 April, 6: Good day I am from South Africa and purchased parts for my vehicle from a company in Scotland via online in January of this year. I cant track the goods down because the type of postage they send it on does not cover tracking. Please help, who can i go to for help.

Because of the distance I am struggling to get any answers from them. Any help would be appreciated. A Kennedy 12 May, 4: My wife bought a sofa from DFS 2 weeks ago, we quickly realised that it would be too tight for our Lounge and contacted DFS 3 days later, before any finance had been confirmed to try cancel, the salesman said that he would cancel order, at which point my wife asked to double check that she would not be liable to pay for this order, he confirmed this but being a saleman he was still trying to get the sale and try to get us back in for new order.

Since then we have gone out and bought another sofa from another vendor in good faith thinking th last one was cancelled. We then received confirmation of our finance being approved by 1st deal with DFS. Gareth 18 May, 1: Hi, I bought some brakes for my mountain bike direct from a manufacturer in Italy in January, they arrived a short time later but one of them is not as powerful as the other.

It is now unusable and needs to be repaired. I want to know whether I am covered for any costs involved as there has been no crashes or external influence to cause the failure that has happened?

Emma Charlesworth 18 May, 3: I purchased a car seat in October for my daughter. On Sunday 8 May the harness broke whilst my daughter was seated in the seat.

It was returned to the manufacturer who without consultation with me have simply repaired it and sent it back to me. I am loathe to use this car seat as all the advice is not to use second hand car seats or repaired car seats as they may not be as effective. Do I have any rights to ask for a new seat or refund?

They manufacturer are saying it has been repaired to a satisfactory standard. Hi there I upgraded my existing mobile phone contract over the telephone. I contacted them after two days to cancel the contract but was informed that there is no 7 day cooling off period because I am continuing an existing contract. As it was a new phone and a different package, I believed that I could return it and cancel during the 7 days.

Can you please advise me on this matter. Brenda 19 May, 1: What are my consumer rights please. How do I prove they have failed? How do I prove when they were bought as a receipt will not identify the bulbs? Dave 26 May, Today their warehouse called me and said they no longer do the bed I ordered and asked me to go to their store and choose another.

Surely they should have put one aside for me in their stock, what are my rights here? Diane 2 June, When it was delivered, it was enormous — much larger than I had envisaged, and my camera and spare lens flop around. It has been padded well, but there is just too much space inside for the equipment to be held in place. I did mention when she delivered it that it was larger than expected, but she said that it was measured and room allowed for this and that, blah, blah, so I accepted it.

I then emailed her to reiterate my point about it being too big and I have had a reply in which she gives me one option that she can try and resell the bag on her website and then I would get a refund. Am I not entitled to a straight refund on this unsuitable item under the Sale of Goods Act, or is there a difference with it being a bespoke item? Dale 7 June, 2: I rang the dealer right of way to tell him my findings and he said he would have it repaired under the 3month warranty.

What rights do i really have? Am i entitled to a refund? A relative recently purchased a kitchen with a leading brand. The company requested full payment up front and since there have been some concerns.

The company have addressed some of these but refuse to give an itemised bill of items purchased.

The kitchen was very expensive and despite receiving a list of items many of which are coded and incomprehensible the company says they cannot provide a priced itemised bill and that this is industry practice. Is my relative not entitled to an itemised bill? I find this hard to believe as surely we are entitled to a breakdown of the costs.

Danny 11 June, 5: We contacted the catalogue and they sent out a registered samsung engineer. They did a software update and slowed down the HDMI handshake. Two days later the same fault was back the engineers were sent back out again by the catalogue and they took my tv away for repair where they fitted another new main board they had the tv from 19 may — 10 June we got the tv back and the same fault is now back.

The engineers have been out to this tv 6 times and repaired it 3 times ant the same fault is still here. This tv is now just under 12 months old and it was only 9 months old when the problem first started. I bought a pay as you go phone in the shop of phones 4 u. After having the phone for less than 24 hrsi managed to get a contract phone so did not require the pay as you go phone anymore,i went back into the shop and was advised and noticed that they did not have a returns policy.

The shop assistant took me over to a table with a phone and rang which i think was their head officethe lady advised that they do not have a returns policy and it is stated in the shop which i did not notice when i went in and at no point was told and then when i went further the lady said it is stated on my receipt which i could not see anywhere.

Andrew 18 June, 3: Jessie 19 July, 3: Louise 22 June, 2: I ordered a Dell Inspiron laptop from Tesco direct and collected it on 3rd April this year…. Eventually I managed to get onto the Dell support system and used their PC check which confirmed the hard drive has failed — basically the laptop is broken.

I dont want it repaired — I want a replacement. Tesco have refused and despite me quoting the sale of goods act to them, they are adamant that all they will offer is a repair. Tesco did confirm that if i bought a shirt and the button was hanging off, they would replace the the item, not just sew the button back on, so surely they should agree to replace my laptop? The reason I want a replacement is so that its further covered by a 12mth warranty should this occur again… and I personally think that a laptop should last a little longer than 2 months!

Do I stand a good chance of getting either a replacement or a full refund to buy another somewhere else? I still have all the original packaging and receipt. Jade 23 June, 9: We are bridal shop and have a demanding client. She ordered her dress last October. Wedding this July, the dress came in 4 months ago and as agreed from the very beginning we made adjustments as per her request.

She had 4 more fittings and and every time it seemed that she likes the dress less and less. We supposed to have last fitting tomorrow and our seamstress was working day and night in order to fulfil her dreams, as per her requests on her last fitting on Monday. She than rang immediately after her fitting and said that she will no longer likes the dress and she will try to go and look for new dress somewhere else, if she cannot find anything she wants that dress, full refund and compensationalthough she still wanted to come for her final fitting tomorrow.

This evening she said she no longer wants dress, we made her full refund. Where we stand on this? Muz 21 July, Personally I think you are mad refunding her, especially after she participated in the fittings and you made personal adjustments. Tell her to go swivel on compensation — and inform her unless she goes away, you will be seeking payment for the alterations made during the fittings, as these were only free whilst she was buying the dress, as she is now not buying the dress she is liable.

Emma Riddoch 9 July, I was given no handbook, service or MOT history or logbook when I bought the car. A month later, I started to hear a rumbling noise and when I took it to my local Arnold Clark for repair, I was advised that the car had been involved in an accident prior to my ownership and that a very bad repair and paint job had been done on the vehicle to cover this up.

As I had no vehicle history, I had no idea that the car had been involved in an accident or about the repair work done. A few months later 5 months after buying the car and only adding miles to the clock I decided that I felt unsafe driving the car and asked Arnold Clark to trade for something else.

Although it had been on an Arnold Clark forecourt when I bought it. What are my rights here?

Am I entitled to a refund for the difference? I know cars depreciate in value but not by that much in so little time. Can I claim under the sale of goods act as the car was not appropriately priced?

Any help would be greatly appreciated. Seb 11 July, 1: Can i buy goods either online or from a shop and sell them outside my house for a profit. Is it legal, what about wholesale goods? Rebecca 13 July, I have placed an order with Kurt Geiger which I then received an order number and confirmation email.

Three days later i emailed to enquire when the item will be delivered and they have emailed me back saying my order failed. I questioned this as i received an email detailing payment, delivery etc. No money has been taken from my account but I want the item as it is now out of stock online.

Where do I stand? Joe 13 July, 7: We recently purchased a 37 inch tv from ebuyer and it has developed a fault after ten months. They suggested trying to get a empty similar box from Tesco, Argos or some other retailer to put the TV in so they could then collect it. Do I have to now go begging around various retailers for a spare empty box to put the TV in, or be stuck with a broken TV otherwise?

Tina 15 July, 6: I bought a Toshiba netbook 3 weeks ago from Argos and when I opened the screen yesterday, after leaving in in sleep-mode, it had mysteriously developed a crack along the LCD.

There is not a mark on the netbook and its been well looked after. What steps can I take now? Paul 17 July, Two days later I received a call saying that all my goods were in stock. When I returned to collect them I was given the goods which were all correct and thanked for my customer. I was not asked for the remaining money and I left. Do the store owners now have the right to demand that money? IABEFC 26 July, 7: I have recently bought an egg incubator from an internet company for breeding chickens.

After 2 unsuccessful attempts at rearing the eggs into hatchlings, I discovered that the thermostat was faulty and the increased temperature had killed off the eggs. After reporting this back to the company, they said that I would have to send it back to be tested. I have now heard from them that the incubator was faulty but I am having trouble getting a refund back off them.

Mr P Wratten 27 July, 9: The TV is 1year and 56 days old. Having visited both the retailer Sainsburys and contacted Toshiba, both immediately state that since the TV is out of its 12 month Warranty there is nothing they can do about the situation. Sainsburys refer you to Toshiba and visa versa. I have raised a letter to Sainsburys Complaints Department in London and advised Toshiba online of the situation — I await replies from both. Where do I stand in this specific case please. I thank you in anticipation for your assistance in this matter.

My email address is pwdyfan talktalk. Hi would love it someone can advise me on what to do nexet. I was shopping on a heath site. When i noticed they had cereals for 0p! So of course i added a few. It did cross my mind that maybe it is an error.

But thats not my problem. If they contact me before the process and dispatch the item and discuss the cereal price fault then thats fair enough. But nothing of that sort happened. The items were proccssed as 0p and i paid for my item.

I had other normal priced item. Yesterdayi recived my items including the 0p cereals. I was amazed i got them free. On my confirmation letter that came in the parcel it again showed the prices of all the items i had brought. The cerals were 0p. Not only that they had a signature from a staff saying they had checked it before dispatching. But today i got a phone call saying that there was an error on there site and they want me to pay for the cerals when i have alreqdy reciaved the items.

Can they do this. Can they ask for more money after i have paid for my order the free cerals was in that order and when itchad been delivered to me! Charlie 29 July, 8: I baught a Sony Erriccson X10 mini pro on the 18th June this year from Phones 4 U, on the 20th July a little over 4 weeks after purchase the phone would not accept a charge, after taking it back to the shop they said that it would be sent away for an assessment and repair.

The have since came back to me stating that the USB connector has snapped and it not covered in the manufacture warranty and that it is beyond ecconomical repair and that they wont fix it. As the phone was just over month old should i be legible for a replacement? Lou 2 August, 2: Over the last few months it has gotten more and more uncomfortable to use, as the seat on one piece sinks much lower than the other, making it essentially un fit for its purpose.

I reported this issue to Tesco, who then sent out a technician to inspect it. He said basically nothing was broken and so there was nothing for him to fix.

The fact that he agreed it was uncomfortable to sit on was not written up in his notes, which stated that the sofe was in good working order.

Essentially, Tesco will not replace the item, or refund my money. I would now like to know what my options are, as I do not agree that a sofa should be unfit and uncomfortable to use after 7 months, espcially as it is covered by a 12 month guarantee. Imogen C 5 August, 4: Jim 8 August, Vinatge Motor Scooter Dealing. I had an engine rebuilt for a guy to swap for an engine he had.

The guy I swapped the engine with is now chasing me to rectify a scooter he has now sold on, am I responsible two deals later? Dane 12 September, 4: I purchased a graphics card just over a year ago from an online retailer Overclockers. We actually allocate a 28 day turn around for this as this is a reasonable time.

Can you offer any advice or are they perfectley within their rights to provide an eta of this length of time? Pickle 13 September, They are well within their rights, they have offered you a repair and advised you how long it will take. To be honest 28 days would be considered reasonable for this item. I may be wrong here but its not your responsibility. You were asked to rebuild an engine and swap it for one that was already fitted so of course it may not be correct for the year.

You were then informed further repairs had to be done but your customer didnt ask you or give you any opportunity to repair the engine. Your customer sold the product and as the seller it was his responsibility to advise his purchaser that it was a different engine. This product would be classed as a second hand product and should have been sold as such. Because of this it is expected that customers will have to pay for repairs sooner than they would with a new product.

You do not mention whether he is a legitimate retailer with a returns policy and agreement with you. If he is then you may be liable under your contract. If not then I cannot see how he can hold you accountable. Lee-Anne 18 September, 8: I was wondering about my rights as a consumer as its 17 months old and the warrenty has ended!

It hasnt packed up yet but I am extremly worried that it will, soon, and even if it doesnt it shouldnt be doing this!! Any help will be appreciated! Lee-Anne, this is an unreasonable lifespan under SOGA, take it back to retailer and explain it is unsatifactory under SOGA and you want it repaired or replaced. This is the official route and if any arguments i would suggest to speak with store manager first then if not satisfied go to local trading Standards office.

John 26 September, 4: Purchased a Sharp TV from Makro 10 days ago and it has a fault with it not powering on at all contacted manufacturer to see what was wrong and they confirm faulty and suggest i contact makro as only 10 days old.

On contacting Makro they advise me they only have a 7 day return policy and when i gave them information under the sales of goods act as under 6 months i do not have to prove faulty they advise the sales of goods act does not apply to them as they are a wholesaler not a retailer. However that logic makes no sense as to wholesale you need to sell in bulk but they sold me 1 TV! How can i get around this as i am left in the lurch on this as it is so easy to obtain a makro card and purchase individual items such as 1 tv etc.

Makro Online Help Team 29 September, We pride ourselves on making every effort to ensure that all customers have an enjoyable experience when shopping from us. John 29 September, 1: Thank you for your response although i feel i would not get anywhere as my consumer rights do not seem to apply to makro as you claim to be a wholesaler that sold an individual item so you see my dilemma in respect that going into the store and being blanked completley with the advisement of my consumer rights do not apply here i am at a loss on how this may be resolved.

Makro Online Help Team 29 September, 3: We are keen to discuss this matter with you in more detail and we are confident that we will be able to resolve this issue.

But in order to help we really need you to contact us by emailing makro brazenpr. Pamela 3 October, 5: They have said I can have my deposit back but i feel really let down. Where do i stand? Yes they have agreed to pay any cost but want receipts but are they allowed to do that?

Can you please advice? Melonie 3 October, 7: I moved into the property that weekend — it was disgusting and moved out the following day. I sent them an email to inform them of this on the day I moved out. After several attempts to make contact, I finally spoke to someone in the office the following Friday. This went on for a while. I sent a letter by recorded delivery stating all that I believed I was entitled to be refunded, including the money for this item. As I explained during the earlier telephone conversation, I had not signed as receiving the fire kit.

There is no small print. I was given identical forms to co-sign for the deposit, rent and reg. In these circumstances does a company have a duty to prove they did give me the item? Paul 12 October, 4: I was wondering if anyone can help or had a similar problem. I sold something in an internet auction private sale around years ago.

Apparently the item was now resold by the buyer to another seller, again in an internet auction. The new owner has now contacted me and said the item was not as described. The person who sold it to him has refused to refund and so he has contacted me to get his money back. Does he have a claim as he threatens to take me to court? I originally sold the item years ago with a description I believe to be accurate. Joe 13 October, 1: If the original description was wrong, why did the person you sold not contact you when he recieved it?

Paul 14 October, 1: Thank you so much for answering Joe, I have been losing sleep over this with worry and your input is so welcome as I have never been to court and I am terrified. I have recieved a lot of threats from the final buyer, threats to make me pay large court costs, slander my name and reputation on public forums etc.

I cant thank you enough for giving me some hope, I look forward to anything more anyone else can add. Thank you for posting a response.

The item was a vintage collectable over 50 years old as I believed and was told so by the vendor when I purchased it. I sold it on ebay private sale as such and described it as used. The original ebay buyer never contacted me to say it was other than described and accepted it as an original of that vintage as I had. That buyer resold the item well over a year later as original vintage also, however the new buyer who has had the item over 3 months and had it for sale on a website as original has now contacted me saying they have been told it is a more modern fake and being over the 35 days ebay paypal refund duration has not been able to get a refund from that seller who has instead passed on my original sale details, hence the new buyer is saying I am responsible for the original description being false and that they are taking me to small claims court.

Leo 13 October, 6: I was not aware modern TVs had this problem and there is no mention of this lag in the specs.