/ Shopping

Are retailers refusing to honour the Sale of Goods Act?

Stop hand

If something you’ve bought turns our to be faulty, you should be able to return it to the retailer. That’s thanks to the Sale of Goods Act – but it seems some shops aren’t always allowing you to exercise those rights.

Under the Sale of Goods Act, goods must be as described, of satisfactory quality and fit for purpose. If they’re not and it’s within a reasonable time – usually three or four weeks – you can reject the item and get a full refund. If you’re out of time, you can ask for a repair or replacement.

Plus, within the first six months of purchase the onus is on the retailer to prove that the fault was not present at the time of purchase – after this time the onus switches to you, the consumer.

Does the Sale of Goods Act work for you?

But while these rights seem simple enough, putting them into practice can be tough. We’ve heard from you about retailers refusing to honour Sale of Goods Act rights – confusing their own store policies on returning goods with their statutory obligations. Wavechange told us:

‘I don’t often shop in Curry’s but I can give several examples of unsatisfactory treatment regarding recently purchased products. My personal favourite was when I was told that the Sale of Goods Act did not apply to them. On another occasion Curry’s would not accept the return of a Miele vacuum and insisted that I contacted the manufacturer. I did and received excellent treatment, knowing well that it was the responsibility of Curry’s to sort out the problem.

‘My only success with Curry’s has been to get a different manager to swap a mobile, after their repeated failure to fix a problem on a phone that I had first returned within a few weeks of purchase and had been kept for emergency use in the glove box of my car.’

When we went to Currys & PC World for comment, a spokesperson told us:

‘As a retailer we fully acknowledge our responsibilities under the Sale of Goods Act and all of our store colleagues receive training on this. We will always try to resolve issues directly first but on the occasions where we do refer customers to suppliers, it is because they are best placed to achieve the quickest resolution – as detailed in our receipt wallet.’

Another commenter, Pat, told us about the camera troubles she had at a camera shop:

‘I had to return a small camera that refused to focus when in video mode. The assistant manager refused even when I pointed out the provisions under the Act. She said it had to be saleable and in the original packaging. I pointed out that was their rules not according to the Sale of Goods Act. She only refunded the money when I requested her refusal in writing so I could take them to court. THEN I had my money in record time.’

I’ve personally been lucky on the few occasions that I’ve needed to return goods, but that’s clearly not the case for many of you.

Have you ever had a problem trying to return an item under the Sale of Goods Act? Or have you found it to be a useful piece of legislation to refer to when you return goods? We’re trying to build up a picture of what’s really happening on the ground, so your comments will be valuable evidence for our research.

Comments
Ritchie smith says:
11 February 2015

I purchased an Xbox game from Smyth’s for my son as a Xmas gift. I returned the disc as faulty and wanted exchange for same disc. The problem was it downloaded perfect but had no.game play.
The minute I went to customer service desk I was told there would be no exchange given as I had opened the product!!!!
She then cleaned the disc and said the disc is fine you must have software issues!!
To cut a long story short I was told to deal with Microsoft as it wasn’t Smyth’s problem. So I did and went through all the checks on the Xbox to find out there was no software or hard drive issues with the xbox, strangely enough the fault was with the game. I provided all my evidence to Smyth’s head office, I was told they would deal with it.
I then got a reply saying the store manager wasnt prepared to echange as I hadn’t taken it back within 28 days!! And that I now need to deal with ubisoft for game replacement!!
Absolutely shocking when my contract was with Smyth’s when I purchased the disc not with Microsoft or UniSoft

Yikes, that’s not good Ritchie – sorry to hear about that. I hope you son had some other games to play while this matter was getting resolved. Have you received a reply from Ubisoft yet? It’d be really interesting to read their response.

So sorry to read of your dilemma with Smyths Ritchie A typical example of sales staff not being fully conversant with the Sale of Goods & Services Act and the store manager should have known better!

The onus is definitely with the retailer who should have offered you a repair, replacement or refund if bought as recent as last Xmas as it is not considered fit for purpose under The Act and you should not have to contact the manufacturer. I hope you receive a satisfactory reply soon, must be very disappointing for your son.

Acatwith2claws says:
30 June 2015

Even with the physical portion of software purchases retailers don’t have to conform with the sales of good act, because it is not a sale of a good, nor a service, but instead a licence.

Although the business efficacy test – officious bystander – would obviously imply that if you are buying a licence then you must have some platform from which you can use that licence/install that licensed software.

Which is why software/game sales are kinda crap, because you get very few rights. On the bright side Origin (online retailer/publisher) started having a refund policy and Steam was pretty much forced to tackle this with its own refund policy, which is in some way a relief to game purchasers. (However this is PC gaming, I don’t think any such policy is replicated for console game purchases D:/console publishers)

Mark Bridge says:
21 February 2015

Hi all, I have a real issue at the moment with a Samsung TV I purchased on 18th December 14. On receiving the TV there was a fault, it took 7 weeks to get a repair done which was stripping the tv and replacing the main board. This fixed that fault but in turn created a new fault with the picture flickering. It seems the mainboard that has been fitted it faulty and requires a 2nd strip down and mainboard fitted. How do I stand with asking for a replacement?? I do not want to accept another strip down and another mainboard as the TV is only 9 weeks old and I have lost trust in it. I have been told I only had 28 days with my retailer so have gone direct to Samsung who at the moment are refusing to replace my tv and only carry out yet another repair. am I entitled to turn down a second repair and demand a replacement or refund after 9 weeks?
Thank you for your time
Mark

Hi Mark, I’m sorry to hear that you’ve had some technical problems with your TV. However, I’m pleased to let you know that we have lots of really helpful advice about what to do if you’ve got a faulty TV that I’m certain you’ll find useful, here:

http://www.which.co.uk/consumer-rights/problem/my-tv-is-broken-can-i-get-it-repaired-or-replaced

Mark, the Sale of Goods Act is on your side here. It says, amonst other things:

“Where a customer is entitled to repair or replacement because they have accepted the goods, they can claim price reduction or partial refund if the repair or replacement is
• taking an unreasonable time, or
• causing an unreasonable inconvenience, or
• if the repair or replacement is not satisfactory when they receive it.”

Your claim is against the retailer and because they failed to fix the fault I believe you are entitiled to a replacement. I would also pursue for compensation for the unreasonable time taken.

upsetcurrys says:
10 March 2015

The thermostat broke which caused ice at the back to crack the casing in several places in a currysfridge; gas escaped and light blew inside. I tel. currys call which took ages and passed around before an appointment arranged and 19days later they cancelled that appointment and sent out someone to establish the repair on a saturday they chose as the only day available.
That person spent 5′ saying repair and photos taken of cracks no problem with gas escaping. Two days later currys say same chap ok’d repair and to come out following week. I wanted a refund or replacement – kept on hold 45′ and three different department. Told i was going round in rings and only a repair – how can this bosh be classed as fit for purpose and all within 6months of purchase. The massive cracking at the back cannot be repaired and as fridge was fairly cheap surely it would have been better to just draw aline under the repairs and give me my money back.Two callouts and new thermostat – rubbish service and rubbish appointment times = rubbish conclusion.

upsetcurrys says:
13 March 2015

45′ minute passed around on phone that culminated in no call back or response from Currys but repair team to make an appointment to fix only the thermostat which is 5 weeks later and no mention of the three massive cracks due to the thermostat cracking the plastic. This cannot be mended unless glue??? yet their supposedly engineer will have to return later to just fix the thermostat and no working fridge in this time let alone the frozen food and telephone calls i’ve made – as i can’t get any other answer i have let the repair go ahead.
Letter of complaint going but what lousy service. Never recommend again.

john says:
17 March 2015

I bought a Samsung Smart TV in January and as I was not satisfied with its non HD performance, which had not been demonstrated in store, I asked for a redund. The receipt stated item must be unopened or no return possible. Sme time was wasted pointing out how illogical that was. Emails to the customer service got the “sorry that this reply is not what you would wish”. Further emails got no reply. I am torn between -a letter to the head office -a small claims case(£35) -or just giving up!

Any useful advice please

Catherine says:
22 March 2015

Bought a built in cooker three days ago , kitchen fitters fitted it , I smashed the main oven door and damaged the small oven trim and cooker knob, appliance was purchased from how’d end in Blackpool, have been told by them that I will have to pay full price for a replacement £700.00 is this correct, paid with a debut card.

Are you saying that you smashed the oven door and damaged the trim and cooker knob, or was that done by the fitters?

If it was the fitters who did the damage, you can probably claim against the installation company.

Perhaps Howdens don’t deal in parts and cannot replace the door, trim and knob independently. They might have to be purchasd from the manufacturer or their service agent. Having taken a built-in oven completely to pieces, I know that they are a highly-integrated piece of manufacturing and it might just not be worth replacing separate parts or even possible to do so [a lot of the factory fixings are one-way only and are not designed for reassembly].

Joanne way says:
25 March 2015

Brought an L shaped leather sofa bed from EBay 5 months ago with a years warranty! The mechanism of the frame has broken causing the sofa to sink. I have contacted the seller with pictures showing the fault but has ignored my correspondence! The problem is getting worse as its being used everyday!
Please advise I’m my situation and if there is anything further I can do! I did threaten him with legal action but it still hasn’t prompted him to fix the situation

Hi Joanne, thanks for your post about the sofa you bought from Ebay. I’m sorry to hear that you’ve had some problems, however, I’m pleased to let you know that we have lots of advice here that I’m certain you’ll find useful:

http://www.which.co.uk/consumer-rights/problem/ive-got-a-problem-with-something-i-bought-on-ebay

Bought a tyson animal cordless vacuum cleaner at trowbridge currys, it lasted 17mins from full charge and then 3.5 hrs to charge again. Fine if you live in a caravan, but not in my house. Definitely not fit for purpose.The manager listen to my complaint and asked me what I wanted, I explained that I came in to buy a vac lift vacuum but they did not have one in stock so I bought a dyson.he offered me my money back plus ordered a Vac lift vacuum for me.you can’t beat that.alway shopped in Currys, will continue to do so.ps.go in with attitude, will get attitude back, it’s human nature

That is a great improvement over the Dyson DC30 which will run for 6 minutes. 🙁

To be fair to Dyson, they do quote the running time in their product specifications, so you have simply purchased the wrong product.

A product must be ‘as described’ so if you asked for a cleaner that would run for an hour or recharge within and hour you would be entitled to reject it.

Adam Pigg says:
8 April 2015

I bought a Hoover washing machine in Sep-13 … it is a 1600 spin and used all the time. It has just destroyed itself because the concrete weight in the bottom has split and fell off the drum. Goodness knows what other damage has been done. Clearly a non-moving part like this should not fail after 19 months!

PC World in Carlisle told me id have to go to court when I quoted the Sales of Goods Act!!

Ive since emailed them with my formal SoGA request, and was told i’d have to organise an engineers assessment via Hoover. Hoover have been less than helpful, and only offered me a repair-plan, even after talking to a ‘team leader’ and saying I was willing to pay for an engineers assessment, but didnt need the repair done.

The whole thing is a PITA as we have 4 kids and use the machine all the time, its only lucky we have parents neat by. Ive opted to take out the repair plan as its far cheaper than a new machine, and hopefully i’ll get a report out of it I can use to send to Currys/PC world to get the costs reimbursed.

Adam – As I see it the purpose of an engineer’s assessment is to produce an expert report on the reason for a fault. Warranties do not cover abuse or fair wear & tear. I cannot see any way that you can have caused a lump of concrete to break. Maybe if you continued to run the machine in a severely out-of-balance state, but that seems very unlikely.

I am no legal expert but on the basis of what you have said it seems that you have a very strong case for having your washing machine repaired or replaced free-of-charge.

I do not understand why you are expected to pay for an inspection done by Hoover rather than by an independent expert.

I suggest you ask Hoover how a broken concrete weight could possibly be your fault, and hope that you can speak to a more reasonable person. You could ask them about the normal working life of concrete counterbalance weights and if they give a figure, ask for written evidence of this. 🙂

Although Hoover have no legal responsibility even if they had supplied a faulty machine, they might be interested to know how one of their retailers is treating its customers.

Please let us know how you get on.

Adam, a “reasonable person” would not regard your machine as “durable” – a requirement of the Sale of Goods Act. Unless the machine has been abused I see no way you would be denied redress by the small claims court, if that proves necessary. An independent expert (Hoover would not be) would provide expert evidence, but I am not sure this is necessary if you show a photo of the damage. I’d call the retailer’s bluff, having shown them the relevant setions of SoGA. If you subscribe to Which Legal they should be able to help you with preparing the claim. They might even use yours as a test case – it is time we made use of the law that is there to protect us.

Philip Wagstaff says:
9 April 2015

If you can convince a District Judge that you machine should have an expected “life” beyond the time scale you have mentioned then you may very well succeed with a claim you have against the retailer/manufactorer which is not always limited to a 6 or 12 month period.

Philip – My understanding is that manufacturers have no legal responsibility under the Sale of Goods Act if an appliance simply breaks down, unless you purchased the product from them rather than a retailer.

Having said that, I have had help from manufacturers and so have others. Presumably they want to protect their reputation.

Andrew Wadhams says:
16 April 2015

All,

Further to my original post at the start of February, I’m afraid Currys are still refusing to to accept responsibility for the damaged fridge/freezer that was delivered to me in December 2014. They continue to maintain their 48hr notification policy (as below):

‘I’m sorry but, as my colleagues have explained, we would require customers to check the products when they are delivered and report any damage to us within the first 48 hours. This is because any longer than that and it is impossible to confirm that the product was damaged on delivery rather than being damaged whilst in the customer’s possession, please be aware that the Sales of Goods Act does not cover damage to goods caused whilst they are in the customer’s possession.’

Can anyone shed any light on the basis for this, what seems, arbitrary timeframe? Has it been laid down in case law?

I reported the issue to my local citizens advice bureau (as they are the contact point for Trading Standards in Hampshire) who helpfully re-stated the terms of the Sale of Goods Act but that whilst they would highlight the practise of Currys in this instance, Trading Standards would not act on this individual case and their final recommendation was to follow up through the Civil Court. As with other posts above, this is an extreme measure with unknown cost implications and one I am not inclined to follow.

Unfortunately, the only solutions Currys can offer is that I either pay for an engineer to come out and assess the fridge for damage, if he/she deems this could have happened after being delivered I will be liable for the £119+parts call out costs. Alternatively, Currys have suggested I take out one of their protection plans that will cover the costs of the engineer call out and repair but will cost me £5 a month for 12 months, essentially an extra £60!

My advice in future to people is if you have something delivered by Currys, insist their delivery men wait until you have completely unpackaged the item and checked it before signing and if they complain, cite my experience!

Best of luck to others in their endeavours.

Andrew

Andrew, as I said above you might still cause damage yourself in the 48 hours Curry’s allow, so their argument does not hold water. Either way it is all a matter of trust. Have you contacted Which Legal for their advice and a possible letter to Currys? You could try emailing their CEO – Currys is owned, I think, by Dixons Carphone and the email address can be found at ceoemail.com

As someone who has been treated badly by Currys in the past, you have my sympathy, Andrew. The options seem to be to write this off to experience or get help from Which? Legal and go to court.

Perhaps it was unwise that you did not examine the new appliance promptly, but what would happen if it had been delivered to an old or disabled person and the problem had not been discovered until a contractor had arrived to do the installation?

Gill says:
20 April 2015

I bought a freezer, online, from Currys. This was delivered on the 14th April. I now know that Hotpoint delivered it. It was dumped in my kitchen for me to unwrap. I signed for the delivery (I have been told from Currys that I signed to say it was in perfect order, even though it was not unwrapped). I have since noticed, when the sun shone on it through the window, that it has dints in the door. I phoned Hotpoint and they said it was Currys responsibility and then phoned Currys and they said that I had 48hours to tell them if it was ok, but it has only come to light when the sun shone on it. Is it correct that I have only 48 hours to let them know? I have been offered a 15% reduction in price and that is all they can do.

Hi Gill, thanks for your comment about your new freezer. As soon as you’ve noticed a fault, you should contact the retailer. You only have a limited time, usually only a few weeks, to return faulty goods.

You can read more info here about what you can do:

http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product

Andrew says:
23 April 2015

One huge important question……do any of you guys work in retail? I’m guessing not, then you won’t realize as an employee we are told to protect our income as any business is entitled to do….failure to do so would get a staff member in trouble…….plus if we returned every so called faulty item whether they be tech or other items,it would not be too long before we would close down as a result of so many losses…..now I have a mortgage to pay, family to feed etc……is this fair? Look at it this way…if everything worked perfectly for 10+ years what would be the need for repairs, retail units, shopping centers? The adverse effect of things working too well would inadvertently have a worse effect on people’s finances than say a refusal of a faulty iron.

Andrew – I am pushing for a ten year manufacturer’s warranty on major purchases, such as kitchen appliances. Not for phones, computers or anything that is likely to become obsolete much sooner.

As I have said many times on Which? Conversation, manufacturers and retailers have rights, not just consumers. If a product is abused or fails due to excessive use, then it is right that requests for free repair/replacement are turned down.

The problem is that many of the appliances and other products on sale are of poor quality and constructed in a way that makes it difficult or impossible to carry out repairs. It only needs one substandard component (possibly a plastic hinge or an electronic component) to make an appliance useless and require us to buy a replacement if no spares are available or poor design means that it would be very expensive to do the repair. We don’t buy new cars because a windscreen wiper, shock absorber or gearbox fails – we repair them.

I would like to see fewer people working in retail and more in servicing and repairs.

Andrew, to effectively suggest you don’t want to honour customers legal rights under the Sale of Goods Act, or to have durable appliances, because that might be prejudicial to your salary and jobseems a very curious argument – almost saying you like sub-standard products so you can sell more to duped customers.

I want to see consumers get decent quality products that they have paid for out of their hard-earned money – thus protecting their income, mortgages etc from the need to replace rubbish products. They may then use their surplus income to buy more, or more expensive, products and thus keep you in work.

The possible problem with 10 year warranties will be a manufacturer would be quite entitled to make you have your product professionally inspected and serviced each year. What would that cost you? I had a card from Monarch water softeners advising me to have mine serviced as it was now at the end of the 2 year warranty. How much, I asked? £96 including vat I was told. How long will it take I asked? About half an hour they said! I asked at my local water softener shop and they told me if it works, not to bother – little to go wrong. So stand by for unintended consequences.

I want to see our legal rights properly supported – consumers associations to help by publishing what are reasonable trouble free lives for if we have to make a case and to help make the legal process easier if the retailer digs their heels in. If the Act were more widely used dodgy retailers might begin to see the need to help, not hinder, customers, particularly since to deny them their rights is an offence.

“I am pushing for a ten year manufacturer’s warranty on major purchases, such as kitchen appliances. Not for phones, computers or anything that is likely to become obsolete much sooner”. Obsolete? My computer and my phone are both 9 years old and currently do what I want of them – the computer a bit slow. They are not obsolete for my needs so I do not expect them to have short lives – I don’t need to continually change them to get the latest gimmicks. I expect a decent (reasonable) life if I pay good money for something, whatever its function. I don’t subscribe to the throw-away society; it’s bad for the environment and bad for my pocket.

Malcolm – You are right that long warranties could result in servicing costs. Last year, Which? told us about the length of manufacturers’ warranties for boilers. The longest (maybe Valiant) was 15 years but to maintain the warranty it had to be serviced by an appointed company. Car manufacturers used to insist on that, but because of their greedy high charges, we can get the servicing done by an independent garage provided that approved parts are used. That seems like an intelligent compromise that could be adopted with other products. There are still games being played. When my car was two years old, I was told that it was essential to service the air conditioning and I was quoted a silly price, bearing in mind what is involved. I said that the AC on my last car was working perfectly when I traded it in after ten years.

It seems unlikely that a manufacturer would require most kitchen appliances to be serviced to maintain the warranty. A washing machine or tumble drier, being mechanical, should be serviced periodically. For example anyone who lets the motor brushes wear out could ruin or shorten the life of the motor.

I would have asked Monarch for instructions on how to service the water softener and done the job myself.

Even if we have not worked in retail sales, I suspect that we both have a better idea of the law than most of those who do. 🙂

Malcolm wrote: “My computer and my phone are both 9 years old and currently do what I want of them – the computer a bit slow. They are not obsolete for my needs so I do not expect them to have short lives – I don’t need to continually change them to get the latest gimmicks. I expect a decent (reasonable) life if I pay good money for something, whatever its function. I don’t subscribe to the throw-away society; it’s bad for the environment and bad for my pocket.”

My boiler, cooker, freezer and washing machine are all over 30 years old and all my hi-fi separates are approaching that age. I have a new laptop, a desktop computer that is probably about six years old and this afternoon I am using my 2002 iMac because I occasionally use a drawing package that does not run on a modern operating system. Having not owned a smartphone for much more than a year I don’t know how long it is likely to last before it will no longer support features that are important to me.

As I see it, the useful operating life of a product depends a great deal on whether there have been worthwhile developments and how you want to use it.

Andrew says:
23 April 2015

I always sell an item that my customer needs, I never sell them something just because it’s more expensive, there’s no commission involved……neither do I want to sell a shoddy product, the problem is that there is no accountability anymore…..for example, a customer buys a laptop, and decides not to use anti virus, the laptop developed a virus causing slower performance, they return to store to complain….try explaining that this is basically there fault, yet we still have to return the laptop when the sales of good act is mentioned….

My salary is an important aspect of the whole thing don’t try to condescend me, if my manager tells me that we have to push for repairs on laptops for example rather than refunds and all I’m doing is refunding them then he has a case for disciplining me for refusing to follow his instructions which could ultimately result in a dismissal…so yes it is important.

This is another big difference and I can see the tone you have already, you see staff on retail outlets as useless, you forget we are customers and humans as well. I think there is more damage done to our economy and to people’s finances through reckless customers who sometimes abuse the system.look at it this way, our payroll hours are affected by sales, the less sales the less hours, if 1 refund of a £500 laptop causes a staff member to lose 8 hours pay, do we ever worry about the money in there pockets? Where is there rights?

I am rambling here I know, it just winds me up that people in this country get everything there way.

Andrew – As I have already said today (and on dozens of other occasions) manufacturers and retailers have rights too, not just consumers. Your example of a laptop with viruses is an excellent example of the customer being at fault and having no claim against the retailer.

I don’t know if you are a Which? member but there have been two recent reports of undercover investigations where customers were told they had no rights once the manufacturer’s warranty had expired. If real customers had been involved, the shop staff would have been breaking the law.

I am amazed how little care that some retailers seem to take to ensure that there is no obvious abuse of a product before offering an exchange. I have been given replacements for small electrical goods that have failed during the warranty period without anyone looking inside the box to see what I have brought back. Maybe returned goods are inspected later and someone would contact me if abuse was apparent.

I have seen customers being quite rude to shop staff over problems with their purchases. That is totally inexcusable and a good reason to show them the door.

Andrew says:
23 April 2015

One more example, a customer buys a printer, is told that non-compatible cartridges will damage the machine and food the warranty…still goes ahead and buys them, returns to store complaining that the printers stopped working, demands a refund, we refuse, he contacts head office, who tell us to refund it to avoid court proceedings….is this fair? These are extreme cases but are more common than you think, it’s these types of people who do more damage to our countries finances than we realize….its this level of protectionism for the customer which is ultimately driving business online and abroad….im quite happy to refund an item for a customer who is understanding and curtious.we even refund non- faulty items just as a gesture,so don’t make out like its a war between customers and retailers.

Andrew – Here is what Which? has to say on this subject:
“Many printers are sold with a one-year warranty. If you’re using third-party ink, be aware that the terms and conditions may say that the warranty is void if damage can be attributed to the use of ink that is from a different brand to the printer.”

The key point is “if the damage can be attributed to the use of ink that is of a different brand to the printer”. Thus if you block the printheads by using ink from a third party supplier, it would not be reasonable to expect a repair or replacement. However, if there is an electronic fault, a claim would be reasonable.

You might be surprised to learn that I wish that retailers were less generous at times. Look at the number of people who return unwanted goods and expect a full refund. I have shopped in M&S for over 45 years and the only time I have taken anything back was when it had been labelled incorrectly. Goodness knows how much extra the consumer pays to support the exchange of goods.

A Edwards says:
9 May 2015

Twice my local garage have failed to rectify two faults with my car , I also informed Ford , but they were not interested , I made a complaint know they will not service my car ` due to past experiences ` , help anyone ?

Good morning, and thanks for your comment – that’s not great to hear, especially after they’ve taken a second look already! Have you taken a read through our Consumer Right’s guides:

http://www.which.co.uk/consumer-rights/problem/ive-had-bad-service-from-a-car-repairs-garage-what-can-i-do-

http://www.which.co.uk/consumer-rights/action/letter-to-complain-about-the-poor-servicing-of-a-vehicle

I certainly hope you’re able to get the car fixed a third time.

Jo says:
29 May 2015

I bought a fridge freezer at the end of December.
On Monday, we noticed that the contents were not cold.
We called for an engineer to come out.
Eventually, he came out on Thursday and we were advised that he could not repair it as the sealer unit had gone.
We then went across town to Currys and informed them, They told us that we could have a replacement, but the fridge freezer we had was “discontinued”. They did not have an equivalent fridge freezer, therefore, we had to pay an additional £70 for a fridge we didn’t really want.
They arrange collection of the old one and delivered the new one.

We had to throw away all of the contents of the fridge freezer (£115) and when I spoke to the manager to complain, he just issue me with a slip with the number of customer services.

when I rang them, they said I could claim for the contents, they gave me a reference number and told me to email them.

This I did, but they have since told me that they will only reimburse for the freezer content £46.,50!!

I have had to pay extra for a fridge – £70 -because the other one was discontinued – not my fault
I had to replenish the contents £160 this morning – not my fault
The hassle of going across town, phone calls, having to wait in on y day off for collection and delivery of new fridge – not my fault.

What can I do?

Hi Jo, I’m sorry to hear about the problems you’ve had with your fridge freezer. We’ve published lots of advice here about what you can do:

http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product

You might also consider signing up to our Which? Legal Service for further advice:

http://legalservice.which.co.uk/

If this appeals to you or if you have any additional questions about it, please feel free to call us on 01992 822828. Lines are open between 8:30am – 6:00pm Monday to Friday.

All claims need to be fair to both the consumer and the retailer. The terms & conditions will indicate if the sale includes cover for freezer contents. If not, this may be covered under home insurance. If a fridge breaks down in the warranty period, repair or replacement are reasonable remedies. I believe that it is unreasonable to expect a consumer to pay extra for a replacement freezer within a year of purchase. The retailer should offer a durable repair or a replacement free of charge.

Some years ago I bought a fridge from Comet and the temperature control became erratic during the warranty period. Rather than replace the thermostat, Comet said I could have a replacement fridge, but I would have to pay extra for a different model since the one I had bought had been discontinued. The Comet engineer had failed to turn up to examine the fridge on the agreed day, so I suggested that I would ignore this if they forgot their idea of asking me to pay extra. It worked and I believe it was fair to both parties.

It’s good to see the Which? Legal Service being mentioned. Since Which? provides independent testing of products and services, I would like to see an independent review of Which? Legal, which would give us a good idea of its effectiveness and value for money.

Andrew Melsom says:
5 June 2015

I purchased this product from this seller on ebay ready for when i moved in to my new property, I had to delay my move by a week so when i came to assemble this i was 1 Day passed my rights as a buyer.

I Purchased 2 Bedside Tables, 1 Wardrobe and 1 Chest All of witch that where Damaged Parts missing wrong size Parts Very Poor Quality Marks on the Paint.

Was so unimpressed with it i had to buy alternate furniture so i could moved in.

The Same Day i requested a refund as the product was Damaged, Not fit for Purpose and was of such poor Quality and After Hours and hours to get a response saying no i need to send the each part number of what is Broken, Poor Quality and Missing.

This was no good for me as i did not want this Furniture it was not fair i should have to go through all this extra work for something that is in such poor condition and one day after my 30 days have passed since receiving.

I proposed and alternate decision as the refused to assist and that was to swap for a different product they stock of better quality and i would pay any difference but they have also refused this.

The I asked ebay to step in

My purchase with a seller went horribly wrong and they were not going to help me with my faulty product they sent me that where £185, but not to worry eBay told me to open a resolution and they would assist after 8 days if the seller did not resolve the issue. So the seller refused and closed the case and eBay turned around and said sorry we can help you “even do you promised to” there response as soon as the seller closed the return request was basically that there is nothing they can do, so what is this rubbish about the eBay money back guarantee ” it clearly does not exist as they are not willing to do anything about it” i will post the chat transcript when eBay finally send them of them saying they wont help. after there customer service person cut me off because they wouldn’t help. How rude for a supposed professional company

Brummie says:
28 July 2015

May I say eBay were/are a “Party to the Transaction” and have to act pointing out there Resolution Team is run from the Philippines by total Dullards who have not got a clue or any legal grooming having no knowledge of Parliamentary Acts or Statutory Instruments or Statement made in Contracts who are obliged to observe always not doing do because they think they are invincible who are not and may I add if eBay are in Breach of their Missionary Statement and you can prove it which is published you have grounds to recover that sum and all your costs and it has to be admitted everyone is fearful because its means taking on eBay so what run with your gut feeling and how to do it is all available on the internet and kick off by informing eBay they are a Party to the Transaction quoting word for word its Missionary Statement that is published and give them 7 days (don’t mention working) or a time scale say close of business by 5.00pm 7 days later to Respond in Full asking what grounds they are relying upon to make that decision that has been taken and you may in the 1st instance get a template reply of 8-10 paragraphs with a load of nonsense and also refer them to the term Guilty by Omission and when you get the 1st reply copy and paste the originating email to them exactly and then the same again with their 2nd reply but include in the later part if I do not have your proposals to remedy my position by close of Business on such a day again using 7 days you will issue at Her Majesty’s Court and Tribunal Service an N1 Claim Form that will attract a Court Fee and also costs to Defend then see what response they return with and if its identical what heads your Claim Form will read “Unreasonable behaviour by the Defendant (eBay) who are a Party to the Transaction having not honoured their Missionary Statement quoting it in full and the other aspects you’ve mentioned and it will work for you that might be a bit of a battle but stick in there.

Nick says:
21 July 2015

Currys PCWorld again…..
30 days ago I purchased a £199.00 Panasonic Microwave from Currys in Harlow Essex, last night it stopped working and tripped out my electrics in my house, so today I took it back to the store and first checked they had a replacement one in stock which they did, I then informed them of the fact that I had a faulty one I would like to exchange, the young sales lad seemed more than happy to do the exchange until we hit the so called “Customer Service” Desk, whereby the 21 day faulty unit issue was raised to me, I pointed out that under the Sale Of Goods Act they had to honour the warranty, which they said they would get the unit repaired although it would be quicker for me to call Panasonic myself and take them out of the loop. I asked if that was their final word and they said it was, I also asked for the name of their manager and the name of their CEO and number of their CEO so that I could complain. They gave me a name but said they could not give me a number as only customer service can escalate up to the CEO. Like that’s going to happen!!
So I took my faulty unit outside the shop and advised other customers that were going in of Currys 21 day policy, some people at that point did not enter the store and walked away, some carried on inside, however everyone I spoke with said it was a disgusting way to treat customers.
Eventually two managers came out and told me I would have to leave as I was causing a disturbance and it was a private place; I informed them that I was in a public place and was not causing an obstruction, nor was I blocking their doorway or stopping anyone from entering, I had every right to let people know what was going on. I was asked to enter the store again to discuss the issue where they tested the faulty microwave and then offered to replace it. Finally success, not the battle I expected, but why sell something if you cannot offer the warranty on it!

Come on Currys PCWorld, are you too big to listen to your customers, other retailers tried that and did not last too long. I believe that John Lewis offer an extended warranty as standard, guess where I will be shopping from now on.

Andy Killingbeck says:
26 July 2015

I bought a camera from Currys/PC World in April this year, after 5 weeks it developed fault, I returned it to the shop who sent it for repair, it took 3 weeks to repair. 6 week after that the fault occurred again. I returned to the shop and asked them for a replacement. I pointed out the terms of the Sales of Goods Act 1979. They said all they were prepare to offer was a further repair under the warranty. I e mailed their customer complaints dep’t, this was their reply:-

Dear Mr Killingbeck,

Thank you for your email dated 24th July 2015.

I have noted your further email regarding the Canon Camera. We have logged this as a complaint under case reference number XXXXXXXXX.

I understand the Camera has developed a fault. As previously advised, you would be required to take the Camera to the Store for a repair under the manufacturers warranty. Only if Canon confirm they are unable to repair the Camera, would we then offer a refund or exchange.

I can also confirm we are not a member of the Alternative Resolution Scheme. In regards to your request for a copy of our complaints process, I can confirm that each complaint is dealt with on it own merit to ensure each matter is dealt with fairly.

Please accept my apologies for any inconvenience that may have been caused.

Thank you for taking the time to contact us.

Kind regards,

Amanda Smart
The KNOWHOW™ Team ”

It seems that they totally ignore their responsibilities under the act, which leaves me no option but to take them to small claims court

Andy, Sale of Goods Act (explained for retailers) says:
“Where a customer is entitled to a full refund because they have not accepted the goods but have agreed that you may repair or replace the goods, they can still claim a full refund if the repair or replacement is
• taking an unreasonable time, or
• causing an unreasonable inconvenience, or
• if the repair or replacement is not satisfactory when
they receive it.

I suggest you show this to Currys and point out by denying your legal rights they are open to prosecution.

Yo can find the trading Standards document here: http://webarchive.nationalarchives.gov.uk/20140402142426/http://sogahub.tradingstandards.gov.uk

Brummie says:
28 July 2015

I have just returned today from a Count Court where I live having issued an N1 Claim Form against Curry’s regarding an issue after 3 days with a TV proceedings back in December2014 with me today being awarded by the District Judge the cost of the TV £349.00 a £50.00 Court Fee a £55.00 Hearing Fee plus Interest of 8% from the date of my Claim and also 2 x Return Train Fee from my home to the Court and simply because Curry’s did not honour initially its 21 day Return Policy nor afterwards observed The Sale of Goods Act 1979 Section 48B (2) (a & b) Repair or Replacement of the Goods and if anyone out there has the same issue just send them a letter by Special Delivery Next Day costing £6.15 that ensures it arrrives mentioning the aforementioned even if the store is not to far away because you will then have evidence they are in receipt of your letter and I also have the email address of its Legal team if it helps that I cannot publish here adding its been a hard slug for the last 8 months and its myself not Curry’s holding the Victory Flag so don’t be fearful by taking on possibly the largest Retailer in the UK as I believed they were shafting me and my belief was proven today and stuck it out. Best of Luck to everyone and hope my comments help