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Subject: Re: Faulty goods - what are my rights? Posted on: Tue, 20 May 2008 09:11:17 +0100


"ian field" wrote in message
news:BJiYj.55622$JE4.10088@newsfe11.ams2...
>
> "The Todal" wrote in message
> news:69do85F31cibhU1@mid.individual.net...
>>
>> "Cynic" wrote in message
>> news:jg8334d91hlmhjbjsi2ui2n3rfijd098qr@4ax.com...
>>> On Mon, 19 May 2008 16:27:09 +0100, "The Todal"
>>> wrote:
>>>
>>>>Quite simply, your goods had a manufacturing defect which was not
>>>>apparent
>>>>on the day of purchase but became apparent in about 2 months. That
>>>>justifies
>>>>a refund rather than a repair.
>>>
>>> Surely the SOGA also allows the retailer to repair or replace the
>>> faulty item?
>>
>> This has always been a grey area.
>>
>> The rule is that once you have accepted delivery you can't reject the
>> goods and must therefore accept a repair or replacement. But "delivery"
>> is an imprecise concept and it has been held that if you have not had a
>> chance to examine the goods properly, which may involve trying them out
>> over a reasonable period of time, you have not yet accepted delivery.
>>
>> There are lots of well-meaning pedants who will tell you "personally I
>> think that once a month has gone by you have lost the chance to reject
>> the goods" and no doubt such advice gives comfort to the retailers of
>> shoddy goods, but I'd recommend that such advice be ignored.
>>
>> When my x-box gets its Red Lights of Doom again later this year - as I
>> know it will, for the third time and barely a year after purchase - I
>> shall be suing Currys for a full refund. I'll let you know how I get on.
>
> In the end the customer service desk in the store told me that I needn't
> go by what the CS helpline told me, they accepted the goods in return for
> a full refund even though the same item in store is now marked down from
> £49.99 to £39.99.

Well done. Mission accomplished. It is important that we all stand up for
our rights or the likes of Sainsburys, Comet or PC World will take advantage
of our cowardice.

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