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Author Topic: Consumer law-can anyone advise?  (Read 13549 times)

BrightLight

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Re: Consumer law-can anyone advise?
« Reply #30 on: July 26, 2015, 04:24:35 PM »

Babyjane, as far as I understand it, you can return any item for a full refund with no reason when you buy online but if it is a custom order you need to have a reason.  In this instance, there are reasons in my opinion.
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Hurdity

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Re: Consumer law-can anyone advise?
« Reply #31 on: July 26, 2015, 08:00:37 PM »

I agree with all that's been said

Sale of Goods Act first and foremost - must be fit for purpose -  or more probably also as described (wrong number of pleats, not the quality expected from the description).

Also I agree Distance Selling Regulations I am sure will cover anything at all bought and not seen - made to measure or not. They would have to. (If you order something made to measure in a shop and go and collect them - then you surely have no obligation to buy them - and you have actually seen them?).  I ordered an armchair once - and the fixed covers are made for the customer - but when it arrived was far too big for the room so returned for full refund. They collected it for nothing but they naturally did not refund the original delivery charge - as it was my decision not to take it.

Hurdity x
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purplenanny

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Re: Consumer law-can anyone advise?
« Reply #32 on: July 27, 2015, 07:08:15 PM »

Apologies in advance - I am going to rant!!!

No reply to my photos/email, so I asked for a response at 430 - got one at 6pm. She wanted to know who had given me the information I had requested before ordering. Said she was the only one who can make the decision about how many pleats.
Also said she was surprised about the faults in the fabric which should have been noticed prior to dispatch - er, yes, so why tell me this?
She said the curtains can take weeks to settle as the fabric may have travelled miles. So, how come one is ok and the other not?
Loads of waffle and wants me to choose a day for the courier to collect so they can put things right (!) and get them back to me quickly.
I kept it brief, repeated that I require a full refund, there are too many errors to correct and arrange the courier for Wednesday and I will have them ready.
Not heard back. Guess she's gone home.
PN x x
Will update when I hear
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honeybun

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Re: Consumer law-can anyone advise?
« Reply #33 on: July 27, 2015, 07:21:49 PM »

Oh please check with Trading Standards before you send them back. If you don't have them then where is your evidence. You really need to talk to someone as this person is going to do a few running repairs and send the same curtains back to you.

Rubbish about fabric settling over that amount of time. A few days at the most.

Don't part with them until you are sure it's the best thing to do.


Honeyb
X
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Limpy

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Re: Consumer law-can anyone advise?
« Reply #34 on: July 27, 2015, 07:31:52 PM »

PN - they are talking nonsense.
I agree with HB - check with Trading Standards before you send them back,
failing that, the CAB should have sensible things to say.
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purplenanny

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Re: Consumer law-can anyone advise?
« Reply #35 on: July 27, 2015, 07:47:22 PM »

I can't imagine they will refund without having them returned first?
I do have photos
This situation is causing me anxiety now :(
Thanks for your help ladies
PN x x
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Jenna

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Re: Consumer law-can anyone advise?
« Reply #36 on: July 27, 2015, 07:55:18 PM »

Hi PN - I would make sure the company confirms in writing that they will refund your money in full before you part with them.
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getting_old

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Re: Consumer law-can anyone advise?
« Reply #37 on: July 27, 2015, 07:59:08 PM »

Can you get an "expert" to review them and provide their assessment of them should you need it for later. Maybe you could ask someone in a local fabric store and offer to pay them for the service / report?
We did that when a jeweller made a total mess of a ring.....
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purplenanny

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Re: Consumer law-can anyone advise?
« Reply #38 on: July 27, 2015, 09:00:13 PM »

Had a reply
She is refusing refund, saying I am only entitled to have it put right. She wants them back to investigate them
Oh dear, this is awful
PN x x
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getting_old

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Re: Consumer law-can anyone advise?
« Reply #39 on: July 27, 2015, 09:08:55 PM »

Tell her you want to talk to Trading Standards as you do not believe they are fit for purpose and to confirm your rights before returning them to her, and arrange the courier for at least a weeks time so you have time to get them reviewed.

One thing I would say however is that sometimes genuine mistakes can happen. If the curtains would be exactly what you wanted if they were perfect, and you can't get them anywhere else, then is it worth giving her a second chance but ensuring that you have the back-up and right to reject them if they are still faulty? It's worth talking to TS or the CAB to find out if allowing her to "repair" them would invalidate any rights to a refund at a later date.

The reason I say this is because my parents once bought a sofa which was delivered damaged so they complained and the company sent out a repair man who didn't fix the problem so the company took the sofa away to be repaired and the sofa was returned in perfect condition. My parents were happy to try the repair route because they really liked the sofa.
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CLKD

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Re: Consumer law-can anyone advise?
« Reply #40 on: July 27, 2015, 09:41:10 PM »

Refuse repair.  The woman is waffling nonsense. These curtains are not fit for purpose.  End of.

Contact Trading Standards as they may have had complaints from other clients so will be building a dossier in order to make a 'case'.  I did this a few years ago and 8 people had complained - a visit from TS sorted the problem  ;)

Compose a letter, short and to the point stating your disappointment in the product, that you are not satisfied and you would like a full refund within 7 days.  "Time is of the Essence" . 

You said you had e-mails from the Company initially?

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purplenanny

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Re: Consumer law-can anyone advise?
« Reply #41 on: July 27, 2015, 10:15:36 PM »

Yes CLKD, I have loads of emails relating to all the questions I asked prior to ordering.

she has just emailed to say she will no longer communicate with me as I have involved Trading Standards. She will only now deal with them direct.
 She reckons I agreed to her terms and conditions by placing the order and she is entitled to repair them??

This is making me feel really sick!

PN x x
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CLKD

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Re: Consumer law-can anyone advise?
« Reply #42 on: July 27, 2015, 10:18:10 PM »

…… and me. Contact TS in the morning.  They may want copies of the e-mails from the Company.  Make sure that you keep your own copies too.

Did you pay by credit card?
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purplenanny

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Re: Consumer law-can anyone advise?
« Reply #43 on: July 27, 2015, 10:35:49 PM »

Yes I did pay by credit card.

Thanks for your support CLKD, its a bit late at night, sorry
PN x x
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BrightLight

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Re: Consumer law-can anyone advise?
« Reply #44 on: July 27, 2015, 10:51:14 PM »

So sorry you haven't had an 'easy' response from the seller.  It's hard not to get stressed but you are not in the wrong and if you were ill informed about the pleats, that is their problem not yours.  It doesn't sound like you have received what you ordered and I would say you are entitled to request a refund.  Hopefully Trading Standards can reassure you.

I mentioned my situation with a blind and I actually got the same response - I did get a refund in the end, of course they want to attempt not to make a 'loss' on bespoke items that are returned, but they have made a mistake, so stick to your guns and don't accept them if you don't want them x
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