Actually, no, they're not. Not necessarily.Rotty said:
It all boils down to "faulty". If goods aren't of satisfactory quality, the SoGA certainly gives consumers the right to redress, whether it be refund, replacement, repair, compensation for damages, or whatever, and which it is depends on exact circumstances. But the retailer is entitled to ensure that things actually are "faulty".
So, if someone comes in with an item that is non-functioning, it is conceivable that it is non-functioning because they've damaged it. In that case, the seller is entitled to have the item checked out, quite possibly by returning it to the manufacturer for inspection, or to an independant lab. They don't just have to take the buyer's word for it. If it subsequently turns out that the item has been damaged, misused, etc, they aren't required to refund/repair/replace etc at all, let alone straight away.
So, when someone goes into a shop and says "this was DOA", the retailer may well accept that, but if they're suspicious or sceptical, they are within their rights to investigate before taking action. Any such action, and redress, must take place within a reasonable time, though.
I said in another thread today that consumer legislation like the SoGA is a balance, but one weighted towards the consumer. That needs to be borne in mind. It is, after all, a civil matter we're talking about, and unlike the criminal "beyond reasonable doubt" standard, the ethos that underlies it is about balance, equity. As it is deemed that companies, by virtue of their trade (and bank balances) are better able to afford lawyers to write contracts and to protect their interests, the SoGA sets about establishing certain fundamental consumer protections that cannot be overridden by smart wording in a contract. It's about restoring that balance, to give the consumer equal chance. So, it situations like the one at hand, it certainly gives the consumer a strong hand, but it isn't as absolute as you suggest.
And, of course, it's not as if shops don't have an incentive to give unbiased advice?chesterstu said:
My advice with consumer complaints is always to approach the shop, politely and pleasantly, and ask for their help in solving the problem, but to do it having as clear an idea as possible of what you are entitled to by law, and as importantly, what you're not entitled to, first.
That way, if the shop tries to blow smoke up your jacksy, you are aware of what your options are. If, on the other hand, they are reasonable and come up with an acceptable solution without pressure, then you're no worse off, and they need never know that you'd considered what other options might be. Knowledge is rarely a disadvantage.
I would always suggest that people acquaint themselves with their options and rights before a possible confrontation. Whether asking for legal advice on a forum is wise or not is a good question, but I guess it's better than not having any advice at all. So when you get conflicting opinions and advice, that just leaves the OP with the task of deciding who knows what they're talking about and who doesn't, or who has a clear understanding and who is confused, or who is explaining clearly and who isn't. Good luck with that.
Not in customer disputes. For example, I watched one bloke argue, to the point of screaming and shouting about his rights, that a processor was defective. When asked which way round in the socket it had been inserted, he didn't understand the question. Sure enough, an inspection revealed bent pins. It had been inserted oriented incorrectly. Good move, on a £450 CPU.Snow said:
On another occasion (and different shop), a customer blew a fuse when the car radiator he'd ordered wasn't in stock. He shouted that he'd checked less than an hour ago, and been assured it was put aside for him. He threw a right tantrum, and he just would NOT accept that it wasn't there, and wanted it "right flippin' now!" He did go a funny colour when it was quietly pointed out that he was in a car audio shop, and that they didn't sell radiators .... maybe he'd have better luck at the car spares shop next door.