consumer rights question

stinka · 29 May 2007 at 14:19

hi folks

say i had bought some memory from a pc shop, and wanted to return it, but i had opened the static bags/packaging, am i still entitled to a refund under consumer rights if it was a week old and still had recipt etc

thanks

sgx.saint · 29 May 2007 at 14:28

Only if it was faulty, or there was some other issue with the product.

You cannot however return something to a shop just because you don't like it, or no longer want it.

There are no consumer rights for the above scenario.

Some larger retailers may have policies in place where they will accept returns, but this is purely down to the retailer.

SiriusB · 29 May 2007 at 14:30

sgx.saint said:
Only if it was faulty, or there was some other issue with the product.

You cannot however return something to a shop just because you don't like it, or no longer want it.

There are no consumer rights for the above scenario.

Some larger retailers may have policies in place where they will accept returns, but this is purely down to the retailer.

The man speaks the truth. I know a few people who think it is their right to take something back if they don't like/want it anymore. Retailers only do this as a goodwill gesture.

stinka · 29 May 2007 at 14:46

so the fact that my crucial balistix 5300 wont go over 940 mhz probably dosnt warrant a return ?

ah well my own fault shoulda been happy with my geil at 898

DB_SamX · 29 May 2007 at 14:47

stinka said:
so the fact that my crucial balistix 5300 wont go over 940 mhz probably dosnt warrant a return ?

Only if it was advertised as being able to do so in the shop/website. Otherwise, you can only try your luck at returning it.

Dj_Jestar · 29 May 2007 at 14:53

sgx.saint said:
You cannot however return something to a shop just because you don't like it, or no longer want it.

Yes you can. Consumer rights state that you have up to 6 months to return any product that is not satisfactory.

That is a product that is not satisfactory for any reason. A law a lot of retailers choose to ignore, but are none the less obliged to obey.

Jonny · 29 May 2007 at 14:57

Dj_Jestar said:
Yes you can. Consumer rights state that you have up to 6 months to return any product that is not satisfactory.

That is a product that is not satisfactory for any reason. A law a lot of retailers choose to ignore, but are none the less obliged to obey.

I don't know the law on this but surely if the goods are 'fit for purpose' they are classed as satisfactory? I.E If I bought a Cream sofa and after 2 weeks decided that I actually wanted a brown sofa I would not expect to be able to take it back....the goods may not be 'satisfactory' to me as I want a different colour but they would be fit for their original purpose.

Rotty · 29 May 2007 at 14:59

Dj_Jestar said:
Yes you can. Consumer rights state that you have up to 6 months to return any product that is not satisfactory.

That is a product that is not satisfactory for any reason. A law a lot of retailers choose to ignore, but are none the less obliged to obey.

if it performs to advertised specs then it is satisfactory

sgx.saint · 29 May 2007 at 15:26

Dj_Jestar said:
Yes you can. Consumer rights state that you have up to 6 months to return any product that is not satisfactory.

That is a product that is not satisfactory for any reason. A law a lot of retailers choose to ignore, but are none the less obliged to obey.

Agreed. Thats exactly what I inferred in my original post. However satisfactory is normally defined as 'fit for purpose' in reference to the sale of goods.

If the OP bought the memory and had a change of heart then he cannot return the memory to the retailer under any consumer legislation.

Also, just because a buyer deems a products to be un-satisfactory, does not necessarily make the product un-satisfactory.

My new laptop doesn't look as good as I expected, even after seeing pictures of it. It is therefore not satisfactory to me in its visual appearance. Can I return it to the retailer? .... Of course not.

In reference to the specifics of the OP, unless the shop advertised that it would perform at those specifications then you don't have a leg to stand on I'm afraid.

[TW]Fox · 29 May 2007 at 15:30

Dj_Jestar said:
Yes you can. Consumer rights state that you have up to 6 months to return any product that is not satisfactory.

That is a product that is not satisfactory for any reason. A law a lot of retailers choose to ignore, but are none the less obliged to obey.

This is completely false and a very bad interpretation of the law.

You cannot buy something, decide you actually dont like it, and then return it for a refund - you are not legally entitled to do so. Satisfactory does not refer to the personal satifaction of yourself, it refers to whether the goods would be of satisfactory quality/etc to the reasonable man.

So, if it breaks all the time, it's not satisfactory, if it does not do the job it was purchased for and advertised as being able to complete, it is not satisfactory. If you dont like it, well, tough luck.

jas72 · 29 May 2007 at 15:32

what about clothes bought for someone else that were too big/small etc.

We had an arguement with a shop after christmas as we bought out goods on 14th December for my niece as a christmas present. The clothes didn't fit her but when we returned to the shop on the 3rd Jan they said the 15 day period was up and the clothes were now on sale with 40% off so they could only offer us a coupon for the sale price. After much argueing with the management (in full view of the shop's customers were they to relent.)

So if clothes are the wrong size then they clearly aren't fit for purpose.

[TW]Fox · 29 May 2007 at 15:34

jas72 said:
what about clothes bought for someone else that were too big/small etc.

We had an arguement with a shop after christmas as we bought out goods on 14th December for my niece as a christmas present. The clothes didn't fit her but when we returned to the shop on the 3rd Jan they said the 15 day period was up and the clothes were now on sale with 40% off so they could only offer us a coupon for the sale price. After much argueing with the management (in full view of the shop's customers were they to relent.)

They were not entitled to refund you, they probably did it becuase it was easier.

So if clothes are the wrong size then they clearly aren't fit for purpose.

But YOU chose the size. If a member of staff had said 'This size WILL fit' it would have been completely different. It's not a fit for purpose issue if you make the wrong decision or purchase in error.

sgx.saint · 29 May 2007 at 15:36

[TW]Fox said:
They were not entitled to refund you, they probably did it becuase it was easier.

But YOU chose the size. If a member of staff had said 'This size WILL fit' it would have been completely different. It's not a fit for purpose issue if you make the wrong decision or purchase in error.

Agree.

If you make an error when purchasing items, then it is your error and not the retailers.

Most retailers operate a 28 day return/refund policy for clothing anyway. But if you are returning an item because they are simply the wrong size, then the best you can normally expect is a credit note for the store.

Dj_Jestar · 29 May 2007 at 15:40

[TW]Fox said:
This is completely false and a very bad interpretation of the law.

You cannot buy something, decide you actually dont like it, and then return it for a refund - you are not legally entitled to do so. Satisfactory does not refer to the personal satifaction of yourself, it refers to whether the goods would be of satisfactory quality/etc to the reasonable man.

So, if it breaks all the time, it's not satisfactory, if it does not do the job it was purchased for and advertised as being able to complete, it is not satisfactory. If you dont like it, well, tough luck.

O rly? Then why did my former employer (largest electronic retaileir in the UK) lose out of a large law suit because they refused to refund people who were not happy with the perfectly working appliances they had purchased? No, it wasn't because they were lied about the performance/ability - they literally were just not happy with it.

Raymond Lin · 29 May 2007 at 15:40

jas72 said:
So if clothes are the wrong size then they clearly aren't fit for purpose.

If the label is size 8, and it fits a size 8 person then it's fit for its purpose. Just because you are not size 8 doesn't invalidate the cloth's function. It never says it fits for a size 10 or size 6 person does it? Caveat Emptor (Buyer beware), it still holds true in contract law.

sgx.saint · 29 May 2007 at 15:42

Dj_Jestar said:
O rly? Then why did my former employer (largest electronic retaileir in the UK) lose out of a large law suit because they refused to refund people who were not happy with the perfectly working appliances they had purchased? No, it wasn't because they were lied about the performance/ability - they literally were just not happy with it.

Should have gone to Laywersavers.

There is no law or legislation in place in the UK that states that a retailer must refund a consumer for a perfectly satisfactory and fully functioning item.

Why? Because that would be insane.

Sounds like your former employer should have invested more in their legal department if they lost a case on those grounds.

Dj_Jestar · 29 May 2007 at 15:53

sgx.saint said:
There is no law or legislation in place in the UK that states that a retailer must refund a consumer for a perfectly satisfactory and fully functioning item.

You need to read my first reply again.

sgx.saint · 29 May 2007 at 15:55

Dj_Jestar said:
You need to read my first reply again.

I have. I don't see where your going with this though?

Because I used the word 'perfectly'? .... Regardless of my use of that word, my point still stands.

Dj_Jestar · 29 May 2007 at 16:04

sgx.saint said:
I have. I don't see where your going with this though?

Because I used the word 'perfectly'? .... Regardless of my use of that word, my point still stands.

No, the word that follows that.

sgx.saint · 29 May 2007 at 16:07

Dj_Jestar said:
No, the word that follows that.

Oook. We're just going in circles.

My point still stands