Halfords in breach of consumer rights legislation?
apparently Halfords have a policy regarding satellite navigation & camera detection equipment whereby they don't offer a refund. their policy is that any returns are sent back to the manufacturer for assessment & replacement. surely this isn't right?
ok, they must get a lot of these returned from thick customers who can't work them properly or didn't buy the right thing in the first place but surely they still have an obligation as a retailer to offer some form of refund or replacement policy
I think every product is subject to a "cooling off" period refund, as long as the product is fully intact and with all packaging etc. There's some law for it I think, something like 14 days. I'll dig about....
-If you were told of any faults before you bought the goods.
-If the fault was obvious and it would have been reasonable to have noticed it on examination before buying.
-If you caused any damage yourself.
-If you made a mistake, e.g. you don't like the colour, it is the wrong size etc.
-If you have changed your mind about the goods, or seen them cheaper elsewhere.
Some retailers make promises out of goodwill that they will issue refunds for unused goods within a time period, for whatever reason. This creates additional useful rights for consumers.
Indeed, I don't think there's any law that states retailers have to offer a refund for goods that aren't faulty - if they do it's purely goodwill. The 14 day cooling off period only applies to sales that involve credit/finance agreements and things like double glazing I believe
Maybe because when you but any electrical item, the warranty is held with the manufacturer, not the retailer. A retailer is unlikely to have any facility to examine the goods for faults, so therefore, they have to be returned to the manufacturer - its the same with your mobile phone, although in this case, the retailer will probably send it to an authorised repairer, such as the Mobile Phone Repair Company, or Intec.
if its not faulty, and Halfords display a disclaimer aganst refunds due to incompetent users, they are well within their right not to offer a refund. Im guessing it is to stop someone buying one for a week, if they hava lot of driving on un familiar roads to do, and then returning it, hence gaining the use of a unit FOC for a week or so
Whatever refund policy or guarantee a retailer offers, your 'statutory rights' are not affected. This means if the product is not as described, not fit for purpose, or not of satisfactory quality, the seller (not the manufacturer) has to offer a refund. You may alternatively request a repair or replacement but the retailer cannot insist on this instead of giving you your money back.
Proving that an item is faulty is a moot point in this case since the burden of proof for the first six months is reversed: 'the consumer need not produce any evidence that a product was inherently faulty at the time of sale'.
They are entitled, I believe, to check the goods, but if an item is not fit for purpose, ie. faulty, you are entitled to your money back.
The contract is between you and the seller - so the old chesnut "you'll have to take it up with the manufacturer" is crap (and illeagal), provided you are within the 6 year period (5 in scoltalnd). Of course the quality/manuafacturer have to be taken into account. The law was ammened a while back, mainly for the buyers of cars so that if a fault was found within 6 months it is taken as if the fault was there from day one. Also, it is up to the supplier to prove the goods arn't faulty, not the buyer that they are, within the first six months.
I never buy extended cover - you don't need it, if you buy good quality items that should last, if a fault develops with the 6 years you are cover for under the SOGA, then you are entitled to claim compensation, typically, the cost of repair.
You just have to be prepard to battle - but then, I like a challange and have not lost yet
it all depends on how old the item is Hat and the type of problem.
But having a guess you have had this for sometime now, more than the time which would warrant a refund. The period for returning un-used is normally 14 days, and the period that is classed as resonable time for a manufacturing issue to occur is about 28 days.
After this if the retailer, with whom you have the sale of contract agreement with, is entitled to inspect the goods and repair them if anything goes wrong. Your only entitled to a refund if this service is not available.
I have all the info that I send out to customers at work, as the same works in many consumer items, and I have to deal with this stuff every day
not as simple as that, many consumers believe it, and thats when they say 'Oh I'll get trading standards onto you' or I'll write to Watchdog', the two worst things you can say to a retailer or manufacturer
As you will find that most major companies are well clued up on what they can and can't do, and that most the time the Law is as much on their side as the consumer
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