Would you abandon a brand over a bad experience?

Distance sellers usually have twenty-eight days in which to deliver and they have failed. It would be quicker and cheaper to speak to your card issuer who should cancel the payment if the cost was over £100 [S.75 of the Consumer Credit Act 1974]. They might be willing to do so anyway but would not be legally obliged to if the cost was under £100 . Or you could instruct the seller [in writing] to cancel the sale for breach of contract and demand repayment. If that did not work then you would probably have to go through the court claim process in order to get your money back. That will incur trouble and expense but you can ask for costs if you are successful.

Customers have redress against the newspaper if an advertiser defaults but that does not apply in the case of catalogue inserts; another weakening of consumer protection brought about by changes in retailing practices.

I checked out Easylife Group ltd.-London -Brian and , according to their publicised conditions of sale the following would apply to you. -Contract-between Easylife +You -the consumer , will only be deemed to BEGIN once the order has been DISPATCHED–orders by card will only be charged once stock availability has been confirmed -the goods are READY to be dispatched .If for ANY reason the goods cannot be supplied then payment will be refunded in FULL -Refunds up to 14 days -Consumer Rights Act -2015 . It is obvious they have not carried out the initial conditions of contract you have the immediate right of cancellation and a full refund . They have broken the first section of the contract by beginning it while not in a position to do so (not ready to be dispatched ) – they have broken the second part by charging you BEFORE your order has BEEN dispatched – Verdict- Under English Contract Law -they FAILED , there is NO WAY you could lose in Small Claims Court and this is going by their OWN published contract.

The Consumer Rights Act takes precedence over conflicting contract conditions and terms. You have 14 days to cancel the contract or return the goods if bought at distance. The 14 day period starts the day after the consumer, or someone selected by the consumer, receives the goods.

You (the seller)should refund all monies received. This includes the outbound delivery cost, unless the consumer chose to have the goods delivered by more expensive means than the cheapest standard delivery option offered. If so, you do not have to refund the full outbound delivery cost, but only the cost of the standard delivery option which the consumer could have chosen. You must repay the consumer without undue delay, and no later than 14 days starting the day after you receive the goods back. If the consumer provides proof of return before you receive the goods back, you should refund without undue delay and no later than 14 days starting the day after you receive that proof.

Since Brian has still [8 March] not received the order he placed on 29 January 2017 then there is a clear breach of contract and he is entitled to get his money back immediately. Whether or not the product was in stock or whether the fulfilment process has broken down are not relevant. I would hope he will not have to make a court claim. It would be worth checking the position with his credit card issuer first just in case payment has not yet been taken but that would be unlikely in my opinion. Getting the card company to cancel the payment and refund it to his account would be the cleanest way of resolving this – except he still wants a bed vacuum cleaner and I note that Robert Dyas sell the same model as Easylife at the same price but in a different colour. There are also other options .

Shauna Virgin Mobile should supply you with a reconditioned phone as a replacement under the Sale of Goods Act , they are in breach of this termed a “Material Breach ” if they wont repair it or give you a replacement. The phone and the contract are two different things so you have to get out of both , if they admit it you can get out without penalty . BEWARE all customers who take out a phone contract with Virgin Mobile 1000,s of people are in the same boat – your iPhone gives a two year contract -APPLE only give you a one year warranty . So if your phone breaks down after one year but before the two year contract is up your stuck on a contract you cant get out of with a phone that doesn’t work -slick+sly marketing ! You want the full story then click on : http://www.thisismoney.co.uk/money/bills/article-2057937/Your-rights-mobile-phone-breaks-contract.htm

The Consumer Rights Act says that a repair should be done in a reasonable time and without unreasonable inconvenience. A fault gives you the option to choose a repair or a replacement; if you choose a repair that fails you can then opt for a replacement. in your case I’d suggest you approach your retailer with this information and either get a replacement or at least a loan watch until yours is returned.

I suggest contacting the manufacturer of the fridge-freezer to see if they will offer any goodwill such as a significant discount on a new appliance. They have no legal requirement to help but you might be lucky.

Your legal rights lie with whoever you purchase goods from, even if they subcontracted work like providing and installing an appliance.

Here is another Conversation where there is discussion of consumers’ rights over faulty products: https://conversation.which.co.uk/shopping/return-faulty-broken-product-free-repair-replacement/

Phil, I had exactly the same problem with a Hotpoint fridge freezer, just 3 years old. I paid them to look at at on a no-fix no-pay basis. They offered me a new f/f at a “discount” but a very unattractive offer. I emailed them that under the Sale of Goods Act there is a requirement that a product should be “durable”, and mine clearly was not, as it should have lasted longer than 3 years. Whether their next response was affected by this or not, they rang to offer a new f/f/, take the old one away and I negotiated a 2 years guarantee.

Your consumer rights lie against the retailer from whom you bought the charger. Without knowing more about how and when you purchased the charger it is impossible to give more definitive advice but if you follow the links at the foot of the Introduction to this Conversation you might find some useful guidance.

Days of Yore Edward of York ? , lovely place York nice Cathedral still with the Roman ghosts marching through the grounds , quaint shops , and the Shambles . Nice people in Yorkshire , down to earth , like good basic food , friendly .

I doubt you would get anyone to sign it, Edward. What we should have is a “Standard Terms and Conditions” developed independently ( there are standard contracts in the commercial world to avoid having to go through every new one with a fine toothcomb) that all retailers use, with any exceptions highlighted.

Pat-a sales agreement in English Law is a contract if the agreed details on that contract have either been broken or not fulfilled then you have “Right of Action ” against the seller this is in addition to any sales legislation . Breach of Contract in your case looks like a “Material Breach ” -ie- what was agreed to has not been “performed ” , you will have to establish you have lost financially from (being sold an old model ) and that the seller KNOWINGLY was responsible -ie – they understood they were selling you the wrongly advertised product. Its pretty fishy that the chassis is the wrong one . Personally I think you have a winnable case for compensation.

Deliberate misrepresentation is an offence, Fitzmichael, so if, after having a pricing error pointed out, the retailer fails to correct it and maintains the item on offer at a price they will not accept that is a false sale. In my experience some of the big retailers will not honour a wrong price in the customer’s favour; they tend to know the law and argue that an offer to treat is not binding. The major supermarkets will generally accept the lower price displayed on the shelf or product even if the barcode says otherwise.