Consumer law

[K5054]

Anyone on here an expert on consumer law? I've got a gripe with a national outlet and feel I'm being fobbed off so before I complain to a higher level I need to get my facts right >:(

[PapaLazarou]

Tantalising.. What's the gripe ?

If you didn't want to post any details in the public domain, is it one for Trading Standards ?

[kernow]

Without wishing to know the precise nature of your "gripe", perhaps this link may assist in some small way. - view external link (http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act)

[K5054]

Purchased a battery drill in early December 2013 and on Tuesday the gears jammed when I returned it for repair the retailer said I have to go to the manufacturer as that is their returns policy but apparently that is not the case as my contract is with the retailer and not the manufacturer regardless of their returns policy but the retailer won't budge but before I go further I need to know my absolute rights. One thing is sure I won't use them again, not keen on saying who it is until I know where this might end up.

[CostaBaz]

Your contract is with the retailer and under the Sale of Goods Act, you have the right to ask for your money back.

Based on the length of time you would expect a drill to last, you can quite clearly claim that the one you were sold was "not fit for purpose".

Are you happy to take an exchange, instead of money back?

Are you dealing directly with the manager, or a shop floor worker, can sometimes make a difference.

If it's the manager, ask him for the contact details of HIS line manager, and phone him from the shop, in front of the manager, and tell him that the store is breaking the law and the staff, from the manager down, are in need of training, as they do not understand The Sale of Goods Act.

Takes of anyone you deal with AND ask for compensation for your time and travel, especially if you have had to return to the shop and/or make phone calls.

Good luck.

[Bazwalk]

You are absolutely right, your contract is with the supplier (ie. the retailer), not the manufacturer.

My brother is a solicitor, while my ex father-in-law is a Trading Standards Officer, unfortunately in Wales. After a quick chat they have told me that;

Under the SALE OF GOODS ACT 1979 if an item is found to be not fit for purpose within 6 months of purchase the retailer must either replace, repair or refund.

You should remind them of this, preferably by letter or email. If you are still unhappy contact your local Trading Standards Dept.

The Citizens Advice Bureau can do this if you would prefer.

Hope this helps, and get the b+st+rds.

[PapaLazarou]

Absolutely what others have said - your contract is with the seller, not the manufacturer.

Don't be fobbed off and don't take no for an answer.

Please keep us updated.. :D

[proclaimer]

'Fit for purpose' ???

...as in what they sold you was not ?????

[Bazwalk]

Legal speak for "it doesn't do what it says on the tin".

[CostaBaz]

[quote="Bazwalk".[/quote]

As above plus for the length of time you would expect it to. For it to fail so soon after purchase, it would indicate that it was a faulty product.

There is a tacit understanding that mechanical/electrical goods should operate for a certain length of time, before faults are "expected" to develop.

[K5054]

Thank you to all the replies and advice, so was I right to tell the retailer that the law over rides their company policy. I also told the manager that he and his staff have not been trained in consumer rights to which he dismissed quite arrogantly. Watch this space.

[Pentridge]

I bought a TV from Makro a few years back and it broke down within six weeks. After much discussion between Samsung and Makro it was decided that it was indeed the retailers responsibility. So within a week they duly replaced the TV.

[sergei]

I worked in Retail both at Manager and Area Manager level and can assure you it is the Retailers responsibility. You entered with the Retailer into a contract as soon as payment was made. The Retailer should refund/replace and as per the contract with the supplier will in turn do the same from the supplier/manufacturer.
Good luck

[K5054]

Have e-mailed the retailers head office and trading standards. Head office have come back with apologies but TS are shut for the weekend. Head office know that I've contacted TS, awaiting 2nd reply from head office.

[proclaimer]

Good luck with that. As I have always understood it, the retailer source their suppliers and you buy from the retailer. It's up to the retailer to sell you products that are fit for purpose and up to them to deal with it when the products are not.