ChatterBank1 min ago
Exchange of faulty tem
Is a person who purchased a washing machine 6 weeks ago entitled to exchange or refund rather than a repair after it flooded the kitchen.The High Street store refused an exchange due to their 28 day policy.
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You are entitled to a full refund under the Sale of Goods Act. This is a good article for explaining your rights and the stores obligations:
http://money.guardian.co.uk/experts/legal/stor y/0,,1787459,00.html
Do not be fobbed off. Do not let the store tell you to pursue it with the manufacturer - the contract is between you and the store.
Tell them you will not hesitate to make a claim through the Small Claims Court if they do not refund in full or replace (know exactly whether you want to accept a replacement before you go to the store - you are entitled to a refund).
The Small Claims Court is a very simple procedure, and cost effective.
Go tomorrow, pick a very busy time, and insist on your rights.
http://money.guardian.co.uk/experts/legal/stor y/0,,1787459,00.html
Do not be fobbed off. Do not let the store tell you to pursue it with the manufacturer - the contract is between you and the store.
Tell them you will not hesitate to make a claim through the Small Claims Court if they do not refund in full or replace (know exactly whether you want to accept a replacement before you go to the store - you are entitled to a refund).
The Small Claims Court is a very simple procedure, and cost effective.
Go tomorrow, pick a very busy time, and insist on your rights.
There's a very questionable statement in that Guardian article. (I'm not questioning the credentials of the author but, as someone who dabbles in journalism from time to time, I know how sub-editors can 'simplify' text without realising, or caring, that it dilutes the facts).
The statement I refer to is this one (my italics):
"If you discover a fault in the first few months you are entitled to reject the goods and demand a refund from the retailer".
The law actually provides that you only retain the right to reject the goods, and obtain a full refund, up until the point when you're deemed to have 'accepted' the goods. The duration of that period is not defined in law. In many cases, it probably only lasts a day or two (i.e. long enough for you to try out the item and check that everything's in working order). In some cases, the courts have ruled that the period lasts much longer. (e.g. a woman bought a car in mid-winter and didn't discover that the air-conditioning was faulty until several months later. A court ruled that she'd not legally 'accepted' the car because she'd had no reason to test the air-conditioning prior to that point).
It's unclear whether a court would decide that 6 weeks is too long for the 'pre-acceptance' period, in relation to a washing machine. If they did, you no longer have the right to a refund. The retailer is only obliged to repair or replace the item. The purchaser may indicate which of these two options he prefers but the retailer is permitted to substitute his own preference if the the purchaser's option is not economically viable.
Chris
The statement I refer to is this one (my italics):
"If you discover a fault in the first few months you are entitled to reject the goods and demand a refund from the retailer".
The law actually provides that you only retain the right to reject the goods, and obtain a full refund, up until the point when you're deemed to have 'accepted' the goods. The duration of that period is not defined in law. In many cases, it probably only lasts a day or two (i.e. long enough for you to try out the item and check that everything's in working order). In some cases, the courts have ruled that the period lasts much longer. (e.g. a woman bought a car in mid-winter and didn't discover that the air-conditioning was faulty until several months later. A court ruled that she'd not legally 'accepted' the car because she'd had no reason to test the air-conditioning prior to that point).
It's unclear whether a court would decide that 6 weeks is too long for the 'pre-acceptance' period, in relation to a washing machine. If they did, you no longer have the right to a refund. The retailer is only obliged to repair or replace the item. The purchaser may indicate which of these two options he prefers but the retailer is permitted to substitute his own preference if the the purchaser's option is not economically viable.
Chris
aAccording to the DTI (Department of Trade & Industry):
Generally, the buyer needs to demonstrate
the goods were faulty at the time of sale.
This is so if he chooses to request an
immediate refund or compensation
(damages).
There is one exception. This is when the
buyer is a consumer and returns the goods
in the first six months from the date of the
sale, and requests a repair or replacement
or, thereafter, a partial or full refund. In that
case, the consumer does not have to prove
the goods were faulty at the time of the
sale. It is assumed that they were. If the
retailer does not agree, it is for him to prove
that the goods were satisfactory at the time
of sale.
http://www.berr.gov.uk/files/file25486.pdf
Generally, the buyer needs to demonstrate
the goods were faulty at the time of sale.
This is so if he chooses to request an
immediate refund or compensation
(damages).
There is one exception. This is when the
buyer is a consumer and returns the goods
in the first six months from the date of the
sale, and requests a repair or replacement
or, thereafter, a partial or full refund. In that
case, the consumer does not have to prove
the goods were faulty at the time of the
sale. It is assumed that they were. If the
retailer does not agree, it is for him to prove
that the goods were satisfactory at the time
of sale.
http://www.berr.gov.uk/files/file25486.pdf
the manufacturer will be the ones who will compensate you for the water damage. you can go to the store but they will insist an engineer looks at the machine first to establish that it was def the machine itself that caused the flooding and not for example a badly connected hose to the machine by the customer. this is just one scenario. what make is the machine?
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