Truth behind the shopper fob-offs
UNHAPPY shoppers often have the wool pulled over their eyes by cheeky traders and I have heard it all in my 20-year career as a consumer lawyer.
This week I am opening my archives to warn you of the most common rubbish I’ve come across so you won’t be fobbed off.
“You need to take your complaint to the manufacturer”
When you buy goods, a contract is formed between you and the party that takes your money.
If this is a manufacturer, your recourse will be with them if something goes wrong.
But in all other circumstances, which will account for most occasions, your contract will be with the retailer.
If they try to palm you off to the manufacturer, say no.
“As the goods are out of warranty you have no rights”
Warranty expiry does not mean the end of your consumer rights.
The Consumer Rights Act provides that you are entitled to a remedy if goods are faulty and this right continues for six years.
“The Consumer Rights Act does not apply to goods bought in a sale”
This i s another common misconception. The Consumer Rights Act makes no distinction between goods purchased for full price or during a sale.
This means that in terms of the consumer laws, it makes absolutely no difference. So the law applies equally to goods sold in a sale.
“Our terms and conditions say you must raise a complaint within 24 hours of delivery”
When goods are delivered to you, there is always a danger that you will find that something is missing or damaged when you take the goods out of the packaging. Many traders have something in their
terms and conditions that such an issue should be reported within 24 or 48 hours of delivery.
This is nonsense and such a term is not binding.
The Consumer Rights Act clearly says that goods much be fault free and it makes no mention of having to report such a fault within a time frame.
You can see more advice from Dean at theconsumerlawyer.blog.