Consumer Rights Q?

Spyda

Spyda

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I bought something online on 1st Feb and received it a two or three weeks later (aparently the online shop doesn't keep the item in stock and had to order it in from USA. I only found this out AFTER purchasing the item.)

Anyway, I've genuinely hardly used it and this is it now :(

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It's supposed to be a controller halter and thankfully the leather snapped around the metal studs whilst it wasn't on a horse. Some consolation as it cost £85 + P&P and is only a couple of months old. Basically the leather is rather too narrow for the size studs used to make it and the leather has torn apart from either side of a stud, which is rather telling. The leather is quite narrow and soft.

Anyway, I've phoned the shop right away and they said to email photos of the damage (which I did right away) and that they'd contact their supplier in USA to see what he has to say.

I emailed photos last week but have heard nothing back so far. I've emailed again today to chase progress but wanted to know what my legal position is with regard to returning the item? Do I have any rights?
 
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I'm no legal expert, but if the online shop is based in the UK then I think the Sale of Goods Act 1979 applies to it. Under this legislation items must be fit for the purpose for which they are required. So you could argue because the halter is badly made its not fit for purpose. The fact the goods came from American should be neither here nor there, its the seller who is responsible.

This link might help you http://www.direct.gov.uk/en/Governm...merrightswhenbuyinggoodsandservices/DG_182935

Good luck.
 
I'm wondering if the shop are going to go down the route of, "Oh, it was a 'special purchase' and we got it in especially for you......" Not sure how that works legally, even if they HAD. But I should say there's nothing on their site to suggest this item isn't 'off the shelf' so to speak. I paid for the item and got a standard email back confirming my payment and order, and stating the item would be dispatched within 48 hours. It wasn't. I only found out it was being 'ordered in from America' for me, after I phoned them after the sale, to query the delay in delivery.
 
Sadly I know a little too much about this at the moment (dodgy car) but under the Sale of Goods Act you are entitled to a repair, replacement or refund if your item doesn't live up to normal/reasonable use from the retailer - that is who your contract is with. It is up to them to sort out any dispute with their supplier, nothing to do with you.

In this case I would send a recorded delivery letter (use the which website for a template) asking for refund as it is obvious that this item is not safe to use on 500kg + of horse. They can come back with the offer of a refund possibly minus a small amount of cash to take into account the use you have had of the item.They are allowed to do this. I wouldn't say that it would be a large amount deducted as you would expect something like this to last for years normally. Personally I wouldn't want a repair or replacement as there appears to be a design fault.If they refuse you send a 'letter before action' (template at same place as before) giving 7 days before you file a small claims court action which is easily done online.

Your other option is to contact Trading Standards/Consumer Direct to lodge a complaint that the item is not fit for purpose but that is unlikely to get your money back but will cause them some problems...
 
cbmcts said:
Sadly I know a little too much about this at the moment (dodgy car) but under the Sale of Goods Act you are entitled to a repair, replacement or refund if your item doesn't live up to normal/reasonable use from the retailer - that is who your contract is with. It is up to them to sort out any dispute with their supplier, nothing to do with you.

In this case I would send a recorded delivery letter (use the which website for a template) asking for refund as it is obvious that this item is not safe to use on 500kg + of horse. They can come back with the offer of a refund possibly minus a small amount of cash to take into account the use you have had of the item.They are allowed to do this. I wouldn't say that it would be a large amount deducted as you would expect something like this to last for years normally. Personally I wouldn't want a repair or replacement as there appears to be a design fault.If they refuse you send a 'letter before action' (template at same place as before) giving 7 days before you file a small claims court action which is easily done online.

Your other option is to contact Trading Standards/Consumer Direct to lodge a complaint that the item is not fit for purpose but that is unlikely to get your money back but will cause them some problems...
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THANK YOU! I did say on in my first email with the photo attachments that my contract of sale was with them and not their supplier, and whilst I appreciated that they'd want to liaise with their US supplier, it had nothing to do with me per se returning the item to them for a refund or credit note.

If I don't heard back from my second email, by Wednesday, I'll send the Recorded Delivery letter... Ta very much for the help :)

PS: Hope you progressing with your car probs - sounds a potential nightmare :(
 
You're welcome :) And best of luck.

As far as my car is coming along (or not as is the case!) the letter before action is just about to go to them. Sadly, the small claims court is not an option due to the claim being over £5k. All I can say is thank god for legal insurance and that everyone shoud be very careful about 'Car Shop'ping in Northhampton!
 
cbmcts said:
You're welcome :) And best of luck.

As far as my car is coming along (or not as is the case!) the letter before action is just about to go to them. Sadly, the small claims court is not an option due to the claim being over £5k. All I can say is thank god for legal insurance and that everyone shoud be very careful about 'Car Shop'ping in Northhampton!
Click to expand...

Eeeeek :eek:

Thank God my quibble's only over 85 quid. Best of luck getting it sorted. :)
 
UPDATE:

Okay, haven't heard a peep back in reponse to my emails so phoned this morning and was told that the reason they haven't got back to me is because they haven't yet heard back from their US supplier. I'm a bit of a chicken on the phone so didn't argue and accepted the, "We'll be in touch as soon as we hear back from america". But typically, since getting off the phone I'm feeling p'ed off at them simply not offering me a refund and dealing with THEIR supplier themselves.

What should I do?
 
From a professional point of view, the rivets in the leather were an over kill, there is more than enough stitching to hold the turn on the lower strap. The rivets were not needed in anyway, bad design, as it creates an immediate weak point, if they had to use rivets then smaller ones would have been better.!
Can't see for sure but it looks like instead of stitching right up to the fitting they have stopped short and opted for just rivets to hold it, NEVER use just rivets, stitching spreads the bearing surface and lessons the strain, less likely to break.
Don't know for sure but you may be entitled to money back as not fit for purpose, Oz :)
 
Do what my mother does on the phone.
Rings them and talks AT them. Demanding reasons.
If their answer isn't satisfactory tell them its not good enough!! Its funny how fast they are to get back to you once they realise then can't fob you off!
I had a similar thing with my bike. Man had had it for 6 weeks and hadn't even looked at it, and he hadn't filled in the Parts Warranty Form that he was supposed to as per conditions of the sale. Funnily enough he got back to us the same day after my mother rang.
Be firm, tell them what they are going to do i.e
"You will now contact the supplier, you will get an answer ASAP and I expect to be rung by 5pm with an update. Otherwise I will take this further and a letter will be coming your way to that effect."
:D
 
Haha! If you want Spyda, PM me and I will ring them :D
I inherited my mothers "gifts" of telephone use. She is never rude, but gets her point across!
 
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I so wish I could do that, I'm a bit of a wuss on the phone, I have a ex police female friend who is like you and your mum by the sound of it, she usually gets results straight away!
OZ :)
 
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