Plantie

I have noticed that loads of shops do not give refunds anymore... only credits.

How does this work?? I though our statutory (sp?) rights allowed us to return items if under a certain time limit if in 'as new' condition???

boomer

From my "Which? Shoppers' Rights Card" from April 2003 (which i keep in my wallet, just in case - am i sad or what )

Your rights under the Sale of Goods Act 1979

Goods must: Fit the description given; Be of satisfactory quality; Be fit for their purpose. If not, the retailer is legally obliged to remedy the problem.

The Sale & Supply of Good to Consumer Regulations, 2002

You have the legal right to:

choose repair, replacement, partial or full refund, or compensation if a fault appears within 6 years (5 years in Scotland) and it is reasonable for good to last that long.

Remember if you have a complaint

• goods must be faulty ay time of purchase
• if you complain within 6 months, the onus is on the retailer to prove the goods were not faulty
• if you complain after 6 months, the onus is on you to prove the goods were faulty

mb

Plantie

Boomer... does this count for things like clothes etc??

Also if they state no refunds on the counter is that a legal disclaimer???

Lastly, are those statements still accurate?

Thanks for the reply!

I just wouldn't mind being a smart **** if it happens... excuse me but under section blah blah...

MarkO

On a related note, I had an interesting 'discussion' () in a shop recently, when they refused to sell me a pair of shoes which were clearly reduced. Basically, there were several pairs of shoes (all the same style) reduced, but the display ones (the only ones in my size) had no price label at all. The store manager claimed that I could have the size-12 shoes at the reduced price (£20) but the size-10s (my size) would cost me £35. [img]images/smilies/mad.gif[/img]

After arguing the toss for a while with the store manager for a while, I gave up (but have since complained to their head office ).

Anyway, it used to be the case that if a shop has goods on the shelf for a particular price, they are obliged to sell them at that price. Apparently, though, this has changed - they don't have to sell you them, but what they do have to do is take all the mis-priced stock off the shelves for at least 24 hours. Otherwise they're breaking various laws.

I couldn't be @rsed to go back and see if the stuff had been taken off the shelves the next day, but I thought it was an interesting change in the law.

boomer

Plantie,

the law applies to any goods, so long as they are faulty (as per the "fit for purpose", "satisfactory quality" etc. words).

Some shops (e.g. Marks & Spencer) will take goods back even if they are not faulty (such as unwanted presents), but typically they will only give credits (although M&S will give cash if you have the receipt i believe). This is a bonus, in addition to the law.

See also Trading Standard, although that doesn't seem to mention the 6 months rule.

What actually is the "fault" with the clothes??

mb

boomer

Regarding the Which information, see http://www.which.net/campaigns/retai...law/index.html - and you can even print a copy of the "shoppers' rights" card for your wallet

mb

Plantie

Thanks guys...

I bought a shirt but it did not fit.... Couldn't try it on as they only had 1 changing room and about 12 people waiting.

Chrisgr31

My understanding is there is no obligation on shops to sell yyou a product at the price it is displayed at on their shelf, although customers wouldn't be too happy if they always did it.

Legally having the goods on display with price labels is an invitation to treat. The custumer picks up the goods and walks to the till and offers to pay the displayed price, the shop then decides whether to accept the offer or not.

This all came about due to a case involving Boots the Chemist many years ago, and has not as far as I know changed recently. Shops policies might of changed of course!

camk

if it doesn't fit then its not faulty and then I believe you're only legally entitled to replacement or credit. As said some shops go beyond the statutory rights e.g. M&S.

john_s

iTrader: (1)

I agree with Chrisgr31, about price tickets being an invitation to treat and not an offer to sell; the shop is not obliged to sell an item at the price displayed, though some do as a matter of goodwill.

No, you can't put a term into a contract which would overule a statutory right.

Coo, i must have learnt something in contract law at uni; i thought it just sent me to sleep!

John.

-=Buzz=-

so how the heck would you go about proving "it had a fault when I bought it 5 and a half years ago, therefore I want a full refund" ??

Who in their right mind would wait that long ?

Sounds like a load of crap to me, and no use to the consumer at all - it's just to make us feel better and feel that "Europe is useful really"

I'm about to buy a new fridge and new freezer - over £400 worth, and I KNOW they will try to sell me an extended warranty for both items... They'll laugh like mad when I tell them "I have got 6 years warranty for free anyway, thanks to The Sale and Supply of Goods to Consumers Regulations 2002, which became law on 31 March 2003 etc etc"..

Just you try and claim on it, go on....


[Edited by -=Buzz=- - 7/28/2003 10:53:55 PM]

Dazza012

From my "Which? Shoppers' Rights Card" from April 2003 (which i keep in my wallet, just in case - am i sad or what )

Your rights under the Sale of Goods Act 1979

Don't forget to add the most important bit which is

"AS AMMENDED" this will then tell the retailer that u know what ur talking about as the sale of goods act was ammended to include more bits and bobs to help ur case.

Every shop gives u a receipt, this is valid as u know for 12mths, if u take the goods back within resanable time 7 or 14 days i think u are entilted to a full refund, but say u took ur goods back 6 mths later they could insist on a replacment / repair or a credit note.