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Re: WOOLWORTHS IS ABSOLUTELY RUBBISH

  •  Fri, Jun 22 2007, 1:21 PM

    Re: WOOLWORTHS IS ABSOLUTELY RUBBISH

    You are protected by a latticework of laws and regulations, some of which are set out below.

     

    1) The basic consumer rights are laid down in Sale of Goods Act 1979 (later amended by the Sale & Supply of Goods Act 1994).

     

    At their simplest, these state that an item you buy must be:

     

    Of a satisfactory quality, as seen through the eyes of a “reasonable” person. This means generally free from defects, as well as being fit for its usual purpose, of a reasonable appearance and finish, safe and durable.

     

    Fit for the purpose described, in other words, if you were told the plastic bin bags you bought (which must be fit for their usual purpose as bin bags) were also suitable for hauling hot coals, then that’s what they should be.

     

    As described, meaning that the item should correspond with any description applied to it, be it verbal, in words or pictures.

     

    2) You are also covered by the Misrepresentation Act 1967.

     

    Taking the bin bags example above, if what you were told later turns out to be untrue, the bags’ function was misrepresented to you and you are entitled to your money back.

     

    3)  A trader may also be guilty of a criminal offence under the Trade Descriptions Act 1968.

     

    For example, imagine that a shop assistant tells you that the vintage scooter you are buying was made in Italy in 1962.

    It then turns out that it was made in India in 1999. Not only are you entitled to your money back, you should also report it to your local Trading Standards Department for potential criminal investigation.

     

    4) A final piece in the jigsaw is the Misleading Prices - Consumer Protection Act 1987.

     

    For example, if a flight shop advertises a return trip to New York for £25, but when you call it turns out that it never was available at that price, you can’t make it sell you a ticket at that price. But you can report the shop to local Trading Standards.

     

    If you do end up with faulty goods

     

    But if you do end up with a dodgy item and you want your money back, you have to move fast.

     

    Here’s what to do:

     

    ·          Stop using the goods.

    ·          Immediately tell the trader about any problems, either by going back to the shop, by telephoning or in writing. Technically, it is the trader's responsibility to arrange to collect faulty goods that you have rejected, especially if the items are large. You may find it easier to take smaller items back yourself.

    ·          You have a reasonable length of time to examine the goods and check they are satisfactory. If they are not, you should be entitled to reject them and have a full refund.

     

    The difficulty is over what is reasonable: According to the Trading Standards website, recent case law suggests that it might be as little as a week.

     

    If you decide to let the trader repair the goods, you have not lost any rights to a refund if the repair is unsuccessful.

     

    If you allow the trader to replace the item, get an agreement in writing that if the replacements are faulty too, you will get your money back.

     

    If a refund is not an option:

     

    Ask for a repair or replacement, a reduction in the price to allow for the fault or try to return the goods and ask for your money back - this is known as rescission.

     

    You may not get the full amount back, because the trader may be able to reduce it to allow for the use you have had of the goods.

     

    If the fault happens within six months of you buying the goods, the burden of proof is on the trader to show that they were not faulty when you bought them.

     

    After that, you have to prove it.

     

    If you have paid for the goods by credit card (not debit or charge card), and the value is £100 or more, the credit card company has obligations to you, too, by virtue of S75 Consumer Credit Act 1974.

     

    A principle known as equal liability means that both the credit card company and the supplier have the same obligations and responsibilities to you for the goods being satisfactory.

     

    Some credit card companies have claimed before that the six-month rule applies to refunds of card purchases. Strictly speaking, I’m told that is not the case.

    • Post Points: 35
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