RE: Need legal advice?

["Mark Marooth" <MMarooth@xxxxxxx>]

Tony,


The return on fault is very much based on the amount of warrenty provided
by the
manufacturer.  You can however indicate that returns are to your
supplier and at
the expense of the customer until the fault is proved, that is not a
problem.
Customer either accepts this condition of sale or does not buy from
you.

The return of goods is within 7 days of receipt and I'm sure that the act
says
that goods must be returned in merchantable (dubious spelling) state.

No supplier can say that they will not accept goods that have been opened
if you
can prove that the goods are faulty or that you have been
mis-advised.  It is up
to you though to know your rights and insist.

SWMBO usually sneaks away when I start quoting the act in shops.  The
bottom
line is that PC World were not in the right to tell you that they would
not
accept opened goods, on that person's advice you had a resonable
expectation
that the goods would work as you had been told they would.

It's a fine line which is why most shops will accept opened items by giving
you
vouchers.  They are demonstrating good will but also insuring that you
spend the
money with them, again.


Mark




--------+------------------------>
       
          "BUTLER,
Tony,
       
         
FM"           
       
         
<tony.butler@xxxxxxx
       
         
bos.com>      
       
                       
       
         
30/05/2002    
       
         
13:21         
       
          Please respond
       
          to
ukha_d     
       
                       
--------+------------------------>
 
>----------------------------------------------------------------------------
 
                                                                           
        To:    
"'ukha_d@xxxxxxx'"
<ukha_d@xxxxxxx>          
        cc:     (bcc:
Mark
Marooth/SCOTIA)                                   
        Subject:     RE:
[ukha_d] Need legal
advice?                         
 
>----------------------------------------------------------------------------




> Your contract is with whomever you paid your money to, no
> matter what anyone
> tells you, this is the law.  WRT Warrenty, this is with the
> person you bought
> the goods from, if there is a fault, you retrun to them and
> they return to their
> supplier however, in this day and age you could return to the
> supplier direct
> but the legal responsibility remains with the seller.

Mark,

If you buy something that is faulty on arrival, you return it to the
seller
- fair enough, but if you buy something that develops a fault after 6
months, and this is where the problem lies - I wouldn't want to receive
the
goods and then ship them onwards - for a start, that means either I pay
the
shipping from me to the supplier and back, or it is passed on to the
end
user who has to pay _two_ lots of shipping - from them to me, me to the
suplpier etc.

I have no problem with it being 'legally' my responsibility so long as I
can
just leave the buyer and the supplier to ship to each other directly.

> You've got me going now, there is another act you may have
> heard of which is the
> 'Trades Descriptions Act' which sets out all the gubbins
> about fitness for
> purpose etc so for say the cake example, if you found a rat
> (or worse half a
> rat) in the middle of the cake then presto, not fit for purpose !

Yes, but I was commenting on being able to return the goods 'for any
reason'
which is what the other act says.
If that is enforcable, you could return it simply because you were full
after eating 1/2 the cake and didn't want the other half :(

> On the opening of goods issue, this is not enforcable by the
> retailer/supplier
> if you can demonstrate that the goods are faulty, you
> normally see terms and
> conditions with a disclaimer 'This does not affect your
> statutory rights' blah
> blah.  Your rights are included in both the acts that I
> mentioned.  Trouble is
> most folk do not know what their rights are and accept the
> word of the shop etc.

Faulty goods are one issue, but it's where they say 'you can't return
it
because you opened it' that I find apalling.

I tried to buy a PC Card modem for my Psion organiser a few years back
from
PC World.
I asked one of their 'helpful' assistants if it would work with the
Psion.
'No', they said, 'you can only use the Psion travelmodem'
'Ah', I said, 'I have the PCCard adapter for the Psion which says it
will
work with most PCCard modems.  Will this one work?'
'Yes' he said.

No given the complete 180 he did, I was naturally sceptical and asked if
I
would be able to return it for a full refund if it didn't work.
'Certainly', he said, 'as long as you haven't opened the package' .
:-<

What did he think I was going to do - photocopy the modem and use the
copy
instead?
Needless to say I left the store and bought it elsewhere - and yes, it
did
work after all. :D


Tony


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