Re: Comet
- From: Dan Hicks <danhicks@xxxxxxxxxxxxx>
- Date: Mon, 29 Aug 2005 14:31:13 +0100
Bruce Stephens wrote:
Dan Hicks <danhicks@xxxxxxxxxxxxx> writes:
[...]
Maybe so, but take a look here: http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt
That looks ambiguous. i.e., if acceptance hasn't taken place, I'd read that as saying that the customer is entitled to request a full refund (that being one of the remedies). However, I can see how it could be read in the opposite sense (that the vendor may choose which to offer).
I'm sure I remember numerous radio and TV consumer programs emphasising that your basic right, should you find that something you've just bought is broken or whatever, is your money back. Am I just misremembering: if I buy a VCR from Dixons which is broken, are they really allowed to refuse to give me my money back?
Of course there are situations where you are entitled to get a refund. However, it is not as simple as turning up at the retailers store and saying "this gizmo that you sold me is broken and I want my money back". There are several factors that the law takes into consideration when determining whether you are entitled to the "right" of a refund or not. Whether or not, for example, you have 'accepted' the goods is an important factor in establishing whether you are able to reject the goods and get a refund.
The law states under section.35 of the Sale of Goods Act 1979 (as amended) that you must be given a 'reasonable' amount of time to examine the goods and check they are satisfactory before you are said to have accepted the goods. What is reasonable depends primarily - but not exclusively - on the type of goods which you have bought For example, you would probably have longer to examine a car than a toaster before you are said to have accepted the goods.
Once you have 'accepted' the goods then you cannot reject and may only be entitled to 'reasonable compensation' which is usually repair or replacement. If neither of these is reasonably possible then you may be able to claim for 'reasonable financial compensation' The amount would depend on how long you have had the goods, the nature or degree of the problem, how much use you have had from them etc.
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