StevoD Posted August 3, 2015 Share Posted August 3, 2015 There is no law that states any retailer should take an item back due to it being unsuitable. When you buy something, consumer law says the item must be fit for purpose. For example, a toaster must be able to make toast and a washing machine must be able to wash clothes. As well as being fit for their normal purpose goods must also be fit for any specific purpose that the seller told you they would be fit for. The law which gives you this right is called the Sale of Goods Act 1979. 1 Quote Link to comment Share on other sites More sharing options...
Grundy Posted August 3, 2015 Share Posted August 3, 2015 I quite like Veilsides answers 2 Quote Link to comment Share on other sites More sharing options...
WINKJ Posted August 3, 2015 Share Posted August 3, 2015 (edited) I like how everyone on this forum thinks they know everything about everything FRAUD Edited August 3, 2015 by WINKJ 1 Quote Link to comment Share on other sites More sharing options...
StevoD Posted August 3, 2015 Share Posted August 3, 2015 (edited) also for Op https://www.citizens...actory-quality/ " Be free of minor defects Something with minor defects is probably not of satisfactory quality, even if the defects could be repaired. For example, a new shirt with buttons missing isn't of satisfactory quality, even if you could replace the buttons. A china dish with a small chip also isn’t of satisfactory quality." i guess as you signed for it you agreed it was free of defects, But Last for a reasonable length of time in a reasonable condition The Sale of Goods Act 1979 doesn't say exactly how long goods should last. The general rule is that goods should last for a reasonable time and in reasonable condition. For example, a new car should last for several years in a reasonable condition but you may need to replace some of its parts over time. If goods don't last as long as they should, they probably weren't of satisfactory quality when you bought them. For example, if the sole on a shoe comes away after a few weeks of normal wear, this suggests that it was never of satisfactory quality. You may need an expert's opinion on how long a particular item can normally be expected to last. i would expect a hob to last longer than a few weeks Edited August 3, 2015 by StevoD 1 Quote Link to comment Share on other sites More sharing options...
Flex Posted August 3, 2015 Share Posted August 3, 2015 I think this is a mission for robocop or ed209. 1 Quote Link to comment Share on other sites More sharing options...
davedutch Posted August 3, 2015 Share Posted August 3, 2015 StevoD, if you read the op the item isn't faulty it has been damaged I.e. A corner broken off therefore it is not an issue covered by the points in the act you refer to. Damage in transit or storage has nothing to do with the product itself, as the damage wasn't noticed for two months it is unreasonable to hold Currys responsible I also, for the same reason, believe it is unlikely any credit card company would help, particularly if the delivery cost is itemised. The only options are hope they do something as goodwill gesture, claim on household insurance under all risk, take it on the chin or follow some of the more dubious advice on here. Quote Link to comment Share on other sites More sharing options...
Stutopia Posted August 3, 2015 Share Posted August 3, 2015 Two choices, claim as it was purchased by somebody to give you as a gift for a forthcoming birthday,having just opened Trading standards will tell you that, YOU WILL have a case as it has been sold and not fit for the purpose it was intended for as its damaged , second option by another hob and exchange the damaged hob for the good one, re seal then take to store as an unwanted gift. Both options I have proved and tested before There is no law that states any retailer should take an item back due to it being unsuitable. A contract is formed between seller and buyer upon exchange of payment. Only faulty items are regulated by law. Go along with most of that BBK, but it's a bit of a sweeping statement. Formerly "distance selling", now Consumer Contracts Regulations, allow you to cancel many items within seven working days from the day after you recieve your goods. 1 Quote Link to comment Share on other sites More sharing options...
StevoD Posted August 3, 2015 Share Posted August 3, 2015 StevoD, if you read the op the item isn't faulty it has been damaged I.e. A corner broken off therefore it is not an issue covered by the points in the act you refer to. Damage in transit or storage has nothing to do with the product itself, as the damage wasn't noticed for two months it is unreasonable to hold Currys responsible I also, for the same reason, believe it is unlikely any credit card company would help, particularly if the delivery cost is itemised. The only options are hope they do something as goodwill gesture, claim on household insurance under all risk, take it on the chin or follow some of the more dubious advice on here. A china dish with a small chip also isn’t of satisfactory quality. a hob with a small chip also isnt of satisfactory quality ??? If citizens advice deem a chipped place not of satisfactory quality, i would deem opening a product to find a part has broken off the same, i get what your saying difference here is the time scale its going to be hard proving to curry's you opened it up now and not on arrival , it the route i would be going down providing your telling the truth that you dint pull it all out the box until now Quote Link to comment Share on other sites More sharing options...
veilside z Posted August 3, 2015 Share Posted August 3, 2015 Too true buddy. Quote Link to comment Share on other sites More sharing options...
veilside z Posted August 3, 2015 Share Posted August 3, 2015 As I already quoted and got shot down for. OUCH Quote Link to comment Share on other sites More sharing options...
ilogikal1 Posted August 3, 2015 Share Posted August 3, 2015 As I already quoted and got shot down for. OUCH Unless I missed something, that's not even nearly what you suggested... Quote Link to comment Share on other sites More sharing options...
Grundy Posted August 3, 2015 Share Posted August 3, 2015 I personally don't see veilsides second option as a bad idea Okay lets get it out the way with - yes it's wrong. Had the scenario been this little old lady owns a shop on her own as her husband who built the shop passed away recently, and you had bought an item, realised they wouldn't refund it because you left it too late, then pulled out the switcheroo tactic. Then yes i'd be pi**ed But for me, had OP genuinely been telling the truth, and in fact the goods were damaged at the time of the warehouse/store etc not damaged by the courier, then he should be entitled to a swap/exchange/refund as this is not what he paid for. You can't argue that so many of us buy new parts, especially superchargers etc, come with loads of components, you don't check every last bolt until you go to fitting it. (Which could be weeks/months away) You all know how much of a pain in the arse putting something back in it's original box is For me, Curry's is a large business, should 10 washing machines go missing, I don't even think it would tickle curry's finances. And at the end of the day, all he would be doing is doing what would of happened a month ago, exchanging it for a non damaged product, just except he ran out of time in doing so. Just my opinion by the way (although apparently we have a lot of lawyers in this thread :lol; ) Also OP's from Portsmouth, he will have no problem doing this suggestion Quote Link to comment Share on other sites More sharing options...
jimboy2 Posted August 3, 2015 Author Share Posted August 3, 2015 I personally don't see veilsides second option as a bad idea Okay lets get it out the way with - yes it's wrong. Had the scenario been this little old lady owns a shop on her own as her husband who built the shop passed away recently, and you had bought an item, realised they wouldn't refund it because you left it too late, then pulled out the switcheroo tactic. Then yes i'd be pi**ed But for me, had OP genuinely been telling the truth, and in fact the goods were damaged at the time of the warehouse/store etc not damaged by the courier, then he should be entitled to a swap/exchange/refund as this is not what he paid for. You can't argue that so many of us buy new parts, especially superchargers etc, come with loads of components, you don't check every last bolt until you go to fitting it. (Which could be weeks/months away) You all know how much of a pain in the arse putting something back in it's original box is For me, Curry's is a large business, should 10 washing machines go missing, I don't even think it would tickle curry's finances. And at the end of the day, all he would be doing is doing what would of happened a month ago, exchanging it for a non damaged product, just except he ran out of time in doing so. Just my opinion by the way (although apparently we have a lot of lawyers in this thread :lol; ) Also OP's from Portsmouth, he will have no problem doing this suggestion Cheeky bugger! I live in Denmead now don't you know. Home of the pikey. Got 10% of a new hob. Chin has a slight dent in it now. 2 Quote Link to comment Share on other sites More sharing options...
The Bounty Bar Kid Posted August 3, 2015 Share Posted August 3, 2015 There is no law that states any retailer should take an item back due to it being unsuitable. When you buy something, consumer law says the item must be fit for purpose. For example, a toaster must be able to make toast and a washing machine must be able to wash clothes. As well as being fit for their normal purpose goods must also be fit for any specific purpose that the seller told you they would be fit for. The law which gives you this right is called the Sale of Goods Act 1979. Ever heard of the term unsuitable? As in unwanted cos you've changed your mind. I do go on to explain faulty/damaged goods later. Quote Link to comment Share on other sites More sharing options...
The Bounty Bar Kid Posted August 3, 2015 Share Posted August 3, 2015 Two choices, claim as it was purchased by somebody to give you as a gift for a forthcoming birthday,having just opened Trading standards will tell you that, YOU WILL have a case as it has been sold and not fit for the purpose it was intended for as its damaged , second option by another hob and exchange the damaged hob for the good one, re seal then take to store as an unwanted gift. Both options I have proved and tested before There is no law that states any retailer should take an item back due to it being unsuitable. A contract is formed between seller and buyer upon exchange of payment. Only faulty items are regulated by law. Go along with most of that BBK, but it's a bit of a sweeping statement. Formerly "distance selling", now Consumer Contracts Regulations, allow you to cancel many items within seven working days from the day after you recieve your goods. Sorry, I forgot about distance selling regulations in my answer. I tend to deal with non distance selling retail. Quote Link to comment Share on other sites More sharing options...
StevoD Posted August 3, 2015 Share Posted August 3, 2015 (edited) There is no law that states any retailer should take an item back due to it being unsuitable. When you buy something, consumer law says the item must be fit for purpose. For example, a toaster must be able to make toast and a washing machine must be able to wash clothes. As well as being fit for their normal purpose goods must also be fit for any specific purpose that the seller told you they would be fit for. The law which gives you this right is called the Sale of Goods Act 1979. Ever heard of the term unsuitable? As in unwanted cos you've changed your mind. I do go on to explain faulty/damaged goods later. yes an item that is unsuitable for its job, its not in reference to the Op i said it. more the fact the info you gave out was incorrect, Yes there is a law that says an unsuitable product must be replaced/refunded Edited August 3, 2015 by StevoD Quote Link to comment Share on other sites More sharing options...
The Bounty Bar Kid Posted August 3, 2015 Share Posted August 3, 2015 For me, Curry's is a large business, should 10 washing machines go missing, I don't even think it would tickle curry's finances. Many a large business has been closed down due to profit killing by theft and fraud tactics. It ends up affecting payroll budgets and staff hours/pay. It hurts the little guy more. My store lost £31,000 in stock last year. £40,000 the year before and £45,000 the year before. That's just in stolen stock. That affects our profits. Which currently is £80,000 lower than last year. We hopefully will end up with a small profit, so we consider ourselves lucky not to be one of the stores chosen to close down. Each year therefore we've had our payroll budget cut to even out the loss of profits. Yes some is due to lack of sales, but when rent prices are so high on the high street, and footfall is low. We'd be closed down if we lost another £40,000 in profit as we'd be loss making. Btw we're considers a top 50 profit store out of 170 stores. Not many make a profit. Some stores in my company are losing £300,000 a year net profit. But they can't close them down as they're considered high profile stores. eg in major cities. I'm not in a high profile store, so we're likely to be closed down if we began making a loss. The company has had a freeze on all pay increases in the last three years to help protect the business. Woolworths didn't do that and they pretended everything was okay and that's a reason they went under. So please don't forget that the big companies hire the small guys who need fraud and theft to be cut. Quote Link to comment Share on other sites More sharing options...
StevoD Posted August 3, 2015 Share Posted August 3, 2015 (edited) For me, Curry's is a large business, should 10 washing machines go missing, I don't even think it would tickle curry's finances. Many a large business has been closed down due to profit killing by theft and fraud tactics. It ends up affecting payroll budgets and staff hours/pay. It hurts the little guy more. My store lost £31,000 in stock last year. £40,000 the year before and £45,000 the year before. That's just in stolen stock. That affects our profits. Which currently is £80,000 lower than last year. We hopefully will end up with a small profit, so we consider ourselves lucky not to be one of the stores chosen to close down. Each year therefore we've had our payroll budget cut to even out the loss of profits. Yes some is due to lack of sales, but when rent prices are so high on the high street, and footfall is low. We'd be closed down if we lost another £40,000 in profit as we'd be loss making. Btw we're considers a top 50 profit store out of 170 stores. Not many make a profit. Some stores in my company are losing £300,000 a year net profit. But they can't close them down as they're considered high profile stores. eg in major cities. I'm not in a high profile store, so we're likely to be closed down if we began making a loss. The company has had a freeze on all pay increases in the last three years to help protect the business. Woolworths didn't do that and they pretended everything was okay and that's a reason they went under. So please don't forget that the big companies hire the small guys who need fraud and theft to be cut. not sure you can link people stealing to someone wanting there item that they have paid for replaced as its substandard how much did you store lose from returned item that where faulty? as i assume they get sent back to the manufacture for a credit with them and i have no sympathy for currys etc as if like me for big retail stores its a good 20 miles away fighting in Saturday traffic paying to park to return an item that shouldn't be faulty, Never had currys etc front the cost for my time, petrol and parking charges to get a £100 camera replaced as it was faulty Edited August 3, 2015 by StevoD 1 Quote Link to comment Share on other sites More sharing options...
The Bounty Bar Kid Posted August 3, 2015 Share Posted August 3, 2015 There is no law that states any retailer should take an item back due to it being unsuitable. When you buy something, consumer law says the item must be fit for purpose. For example, a toaster must be able to make toast and a washing machine must be able to wash clothes. As well as being fit for their normal purpose goods must also be fit for any specific purpose that the seller told you they would be fit for. The law which gives you this right is called the Sale of Goods Act 1979. Ever heard of the term unsuitable? As in unwanted cos you've changed your mind. I do go on to explain faulty/damaged goods later. yes an item that is unsuitable for its job, its not in reference to the Op i said it. more the fact the info you gave out was incorrect, Yes there is a law that says an unsuitable product must be replaced/refunded Okay so my bad. I meant unsuitable as in you changed your mind. Not unsuitable as in not fit for purpose. that comes under faulty goods so to speak. There is no law that states you're entitled to a refund or replacement if you decided that you didn't like the item. Excluding distance selling regulations. Unsuitable cos it's not fit for purpose as in faulty, then yes there is a law for that. Quote Link to comment Share on other sites More sharing options...
The Bounty Bar Kid Posted August 3, 2015 Share Posted August 3, 2015 For me, Curry's is a large business, should 10 washing machines go missing, I don't even think it would tickle curry's finances. Many a large business has been closed down due to profit killing by theft and fraud tactics. It ends up affecting payroll budgets and staff hours/pay. It hurts the little guy more. My store lost £31,000 in stock last year. £40,000 the year before and £45,000 the year before. That's just in stolen stock. That affects our profits. Which currently is £80,000 lower than last year. We hopefully will end up with a small profit, so we consider ourselves lucky not to be one of the stores chosen to close down. Each year therefore we've had our payroll budget cut to even out the loss of profits. Yes some is due to lack of sales, but when rent prices are so high on the high street, and footfall is low. We'd be closed down if we lost another £40,000 in profit as we'd be loss making. Btw we're considers a top 50 profit store out of 170 stores. Not many make a profit. Some stores in my company are losing £300,000 a year net profit. But they can't close them down as they're considered high profile stores. eg in major cities. I'm not in a high profile store, so we're likely to be closed down if we began making a loss. The company has had a freeze on all pay increases in the last three years to help protect the business. Woolworths didn't do that and they pretended everything was okay and that's a reason they went under. So please don't forget that the big companies hire the small guys who need fraud and theft to be cut. not sure you can link people stealing to someone wanting there item that they have paid for replaced as its substandard how much did you store lose from returned item that where faulty? as i assume they get sent back to the manufacture for a credit with them Some items aren't returned as we have to take the hit for it. This is due to customers taking the ****. I'd say about 5% of total faulty refunds are dodgy or unwarranted. We had a lady recently who said that her bedding was faulty. it wasn't but just cos we refused she decided to Chuck her king size duvet covers and pillow cases at our staff and then walk off saying she's not going to take it back. Then we get a phone call from customer services saying we have to refund her as she left it in our possession even though it was her choice and against ours. we did tell her she couldn't do it. We ended up refunding her £100 for something that was used and not faulty. So we couldn't claim the money back from the manufacturer. I've had others try to return clothing as faulty when white obviously it's not. I had one person who tired to return a size 12 jacketcos it'd ripped. I told her no as it's not a manufacturing fault. She wasn't happy with that. Esp when I told her she's obviously not a size 12 and she should have got a much bigger size. She called me rude and I stated that I wasn't being rude but being truthful. I said she was more of a size 16-18. She asked me how I'd like being called bald. I told her it's the truth so I wouldn't care. We get lots trying lots of stuff. People returning used goods and then we can't sell them as its used. People swapping price tickets. A general statistic is that a third of people will never steal. A third will steal. a third will steal if given the opportunity. Same with regards to dishonesty. 1 Quote Link to comment Share on other sites More sharing options...
The Bounty Bar Kid Posted August 3, 2015 Share Posted August 3, 2015 and i have no sympathy for currys etc as if like me for big retail stores its a good 20 miles away fighting in Saturday traffic paying to park to return an item that shouldn't be faulty, Never had currys etc front the cost for my time, petrol and parking charges to get a £100 camera replaced as it was faulty Did you ask for compensation with regards to travel costs? I do believe you're entitled to it. But you have to ask. Quote Link to comment Share on other sites More sharing options...
Grundy Posted August 3, 2015 Share Posted August 3, 2015 For me, Curry's is a large business, should 10 washing machines go missing, I don't even think it would tickle curry's finances. Many a large business has been closed down due to profit killing by theft and fraud tactics. It ends up affecting payroll budgets and staff hours/pay. It hurts the little guy more. My store lost £31,000 in stock last year. £40,000 the year before and £45,000 the year before. That's just in stolen stock. That affects our profits. Which currently is £80,000 lower than last year. We hopefully will end up with a small profit, so we consider ourselves lucky not to be one of the stores chosen to close down. Each year therefore we've had our payroll budget cut to even out the loss of profits. Yes some is due to lack of sales, but when rent prices are so high on the high street, and footfall is low. We'd be closed down if we lost another £40,000 in profit as we'd be loss making. Btw we're considers a top 50 profit store out of 170 stores. Not many make a profit. Some stores in my company are losing £300,000 a year net profit. But they can't close them down as they're considered high profile stores. eg in major cities. I'm not in a high profile store, so we're likely to be closed down if we began making a loss. The company has had a freeze on all pay increases in the last three years to help protect the business. Woolworths didn't do that and they pretended everything was okay and that's a reason they went under. So please don't forget that the big companies hire the small guys who need fraud and theft to be cut. Okay pointed noted, but he isn't theoretically stealing is he, as in if he had gone back within 30 days he could of got an exchange. He's doing exactly what would of happened, just a more shady way No change in money would of happened. Quote Link to comment Share on other sites More sharing options...
StevoD Posted August 3, 2015 Share Posted August 3, 2015 (edited) and i have no sympathy for currys etc as if like me for big retail stores its a good 20 miles away fighting in Saturday traffic paying to park to return an item that shouldn't be faulty, Never had currys etc front the cost for my time, petrol and parking charges to get a £100 camera replaced as it was faulty Did you ask for compensation with regards to travel costs? I do believe you're entitled to it. But you have to ask. i always ask infact make a point of it and in every store i have been told sorry its not our issue Edited August 3, 2015 by StevoD Quote Link to comment Share on other sites More sharing options...
The Bounty Bar Kid Posted August 3, 2015 Share Posted August 3, 2015 No offence to the op but how do currys know he's telling the truth. he was given more than enough time to check it over. Why should they take the hit??? They probably hear that story all the time. The manufacturer may decline to take the item back as its not a manufacturing fault hence currys will lose the money. Maybe they should in this case, if the op is being truthful but in many others the customer is not being so. Unfortunately bad experiences are remembered most and therefofe in the future all are initially tarnished with the same brush. 1 Quote Link to comment Share on other sites More sharing options...
The Bounty Bar Kid Posted August 3, 2015 Share Posted August 3, 2015 and i have no sympathy for currys etc as if like me for big retail stores its a good 20 miles away fighting in Saturday traffic paying to park to return an item that shouldn't be faulty, Never had currys etc front the cost for my time, petrol and parking charges to get a £100 camera replaced as it was faulty Did you ask for compensation with regards to travel costs? I do believe you're entitled to it. But you have to ask. i always ask infact make a point of it and in every store i have been told sorry its not our issue Talk to there head office customer services either by phone call or email. they'll authorise it and give you a reference to present in store. the storecan then check up on your story and give you what you are entitled to, if the item is deemed faulty. That can only be done by visual inspection in person. not over the phone. Quote Link to comment Share on other sites More sharing options...
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