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Am I Entitled To A Refund?

By: Chris Nickson - Updated: 12 Sep 2023 | comments*Discuss
 
Fauly Goods Credit Note Sale Of Goods

Q.

A personal item of clothing I had purchased had been damaged by ink off the receipt from the shop. I asked the shop to refund the cost of the goods damaged. I was offered a credit note only, but the item was from another store.

What are my rights for demanding cost of the garment damaged?

(Miss Charlotte Reed, 24 September 2008)

A.

This raises a very interesting question. If the item was damaged by ink from the receipt, did that damage occur before or after the sale? The whole thing really hinges on that question.

It could effectively be argued that when the shop assistant pops the receipt in the bag with the purchase, that completes the sale, and the shop seems to be willing to at least take partial responsibility by offering a credit note.

However, under the Sale of Goods Act 1979, an item has to be safe, as described, and fit for the purpose for which it was intended. It could very well be argued that the ink on the garment leaves it not as described (as you bought it) or fit for the purpose for which it was intended, and all through no fault of yours – that lies with the retailer. Prove that they were faulty, or if the shop accepts they were because of the ink, and the Act should cover you.

Under those circumstances, you have the right to repair of the item, a refund, or a replacement. On that the Act is very clear. The shop might well consider the credit note a compromise – they’re offering you the chance to replace the item with another of the same value, but technically it’s not the same thing. Even if credit notes are store policy, as they seem to be in many places these days, they do not supersede the Sale of Goods Act.

You have a reasonable amount of time in which to exert your rights. There are no specific limits set, but beyond a period of six months, if the shop refused to replace, repair or give a refund on the item, you’d need to prove the fault in the item wasn’t of your doing.

In this instance, however, it sounds as if you’ve contacted the shop quickly. You should try to insist on repair, replace or refund, rather than a credit note. If the shop refuses, try contacting Consumer Direct or Citizens Advice Bureau (which says you don’t have to accept a credit note if the goods you’re returning are faulty). They can offer fuller advice on the situation.

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Gem - 28-Apr-19 @ 8:16 PM
SKC - Your Question:
I had 3 folding doors supplied and fitted in 2017. A fault was detected on the glass of all 3 doors following fitting, varnishing and cleaning. After 2 months the doors were replaced by the manufacturer and refitted only to find that now 1 of the doors had the same defect as before. This was again replaced by the manufacturer. In he first instance, the retailer offered a goodwill payment towards the cost of refitting the replacement 3 doors along with an additional credit from the manufacturer which combined, almost covered he cost of cutting and refitting the new doors and which I was satisfied with. However, the cost for resizing and refitting the last door has cost £150 and the manufacturer has offered £60 credit towards costs but the retailer is not inclined to contribute towards this ongoing expense. I feel I have been inconvenienced by no fault of my own and bought the goods in good faith. I did not expect to pay out repeatedly for replacing their faulty goods. Do I have any rights regarding compensation from the retailer for refitting costs?

Our Response:
The retailer is only bound by the Consumer Rights Act which covers replacement or repair - it doesn't cover compensation for extra costs like fitting, installing etc. You would have to use the legal system to recover any such additional expenses.
ConsumerRightsExpert - 29-May-18 @ 11:52 AM
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SKC - 29-May-18 @ 10:23 AM
Ang - Your Question:
Hi I purchased a Smeg induction hob through a company that was doing work for me it was bought from Appliance city through the company it was delivered on 8 May 2017 in December that year 7 months later it stopped working one side it was repaired on 8th Jan two weeks later the other side stopped working and an engineer was sent out again he said he would recommend it be replaced with a new hob Smeg also said it should be replaced but appliance city are refusing what rights do I have must I have it repaired again

Our Response:
The retailer can usually choose whether to repair or replace the item but an attempt at repair has already been made. After 6 months the onus is on you the buyer to prove that the item was faulty/not fit for purpose when you purchased it; you've done this by getting a recommendation from the manufacturer itself that it should be replaced. There's no good reason why the retailer should refuse a replacement as they can pursue their own loss with the manufacturer. The small claims court could be your next couse of action but hopefully the retailer will replace it before you get that far.
ConsumerRightsExpert - 12-Feb-18 @ 10:18 AM
Hi I purchased a Smeg induction hob througha company that was doing work for me it was bought from Appliance city through the company it was delivered on 8 May 2017 in December that year 7 months later it stopped working one side it was repaired on 8th Jan two weeks later the other side stopped working and an engineer was sent out again he said he would recommend it be replaced with a new hob Smeg also said it should be replaced but appliance city are refusing what rights do I have must I have it repaired again
Ang - 9-Feb-18 @ 12:42 PM
JohnH - Your Question:
I ordered blinds for my home.The blinds ordered came without tapes. I did order tapes.I also did not like the blinds.I want a refund. But the seller will only offer to replace the blinds with new ones with new tapes.No refund.

Our Response:
You can't have a refund if the items are bespoke and you don't like them. The manufacturer has offered to replace them with tapes, that is fair.
ConsumerRightsExpert - 10-Mar-17 @ 12:26 PM
I ordered blinds for my home. The blinds ordered came without tapes. I did order tapes. I also did not like the blinds. I want a refund. But the seller will only offer to replace the blinds with new ones with new tapes. No refund.
JohnH - 9-Mar-17 @ 5:42 PM
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Hils - 9-Jan-17 @ 5:04 PM
Mary - Your Question:
I purchased a Guess Handbag from Dubai whilst we were in Holiday in October 2016. After using the handbag for two days the handbag become a faulty. on the handbag strap they had a black trim which started to fall apart. we came back to London and took the handbag to store in London. the Sale Assistant asked me to write to a head office. I wrote to the head office provided with the picture of a faulty handbag a copy of receipt which stated the date when the bag was bought on 25th October 2016. The Guess Head office reply was that they can give me a credit note and I need return the bag back to Guess. As a consumer we have a right to have a refund it the product is faulty especially if I reported within 7 days of purchase also as a consumer you loose faith in product. Hence I have been sending the email but I have not received any reply back from Guess so far.

Our Response:
Unfortunately the Consumer Rights Act does not apply to items bought in Dubai. Here in the UK it would be the retailer's responsibility but as the retailer was in a different country you cannot ask for a refund in the same way. The manufacturer has offered a credit note, so we suggest you accept that.
ConsumerRightsExpert - 19-Dec-16 @ 1:00 PM
I purchased a Guess Handbag from Dubai whilst we were in Holiday in October 2016. After using the handbag for two days the handbag become a faulty. on the handbag strap they had a black trim which started to fall apart. we came back to London and took the handbag to store in London. the Sale Assistantasked me to write to a head office.I wrote to the head office provided with the picture of a faulty handbag a copy of receipt which stated the date when the bag was bought on 25th October 2016. The Guess Head officereply was that they can give me a credit note and I need return the bag back to Guess.As a consumer we have a right to have a refund it the product is faulty especially if I reported within 7 days of purchase also as a consumer you loose faith in product. Hence I have been sending the email but I have not received any reply back from Guess so far.
Mary - 17-Dec-16 @ 4:12 PM
Jo - Your Question:
My dad had a new shower unit and a new Micra shower fitted in late September by a bathroom company and within a week the shower pressure was poor and the water was going cold when set at hot.Bathroom Company sent an electrician out who checked it who said that Micra would have to send someone as he couldn't repair it.Micra engineer came did something to shower & left.Shower has worked for a few weeks but has went back to a drizzle coming out and going between freezing and roasting.Can they insist on getting a new shower fitted rather than this one being looked at again?

Our Response:
Now you're out of the 30 day period, you may have to accept the retailer's choice of a repair or replacement (i.e the retailer can choose).
ConsumerRightsExpert - 8-Nov-16 @ 10:35 AM
My dad had a new shower unit and a new Micra shower fitted in late September by a bathroom company and within a week the shower pressure was poor and the water was going cold when set at hot.Bathroom Company sent an electrician out who checked it who said that Micra would have to send someone as he couldn't repair it.Micra engineer came did something to shower & left.Shower has worked for a few weeks but has went back to a drizzle coming out and going between freezing and roasting.Can they insist on getting a new shower fitted rather than this one being looked at again?
Jo - 6-Nov-16 @ 7:57 AM
Hello, Between October 2015 and January 2016 we paid for the services of a plumber to correct a number of issues with our combi-boiler and this is still on-going. 1. We were having problems when the heating was on, the hot water wasn't working and if we turned the hot water on, the heaters would heat up. So we hired a plumber. Whilst here he replaced the actuator to the diverter valve, though while carrying out this work, he managed to fuse the programmer accidentally, which he replaced with a wall mounted one. We received an invoice for £285 for this work. 2. Soon after this work was completed, oil was not feeding into the boiler following a lock-out from low fuel. He replaced a new pump for which we were invoiced £107.98. A number of days later he had to return to repair an oil leak from the pump causing serious fumes in the kitchen area. 3. At this time he had mentioned about the water drip from the filling loop which was causing a drop in pressure and advised us to fix this to prevent any further damage to the boiler. We asked him to carry out this work, requiring the system to be drained and replace the faulty filling loop, for which we were invoiced £119.39. He advised us to keep an eye on the pressure just in case. Over this period, the bill has come to £512.37 for various repairs to our boiler system. Since this work has been carried out however we have continued to suffer from a series of problems with the boiler, much of which was meant to have been fixed. 4. While the heating is on, no hot water is available. 5. On occasion the heaters heat up when the hot water is on. 6. The water pressure has had to be 'topped up' at least once a month (more than on any occasion prior to his work being carried out). 7. Hot water does not flow fully, requiring us to temper the hot tap to ensure enough hot water flows for long enough to have a bath or shower. We cannot turn the taps on full, which should be normal practice for this boiler. I emailed the boiler-man with the above information, but his response was as follows (edited): 1. Heating is on but no HW available - this does appear to be a stuck diverter valve and would require replacement ( The actuator should be ok though) 2. This relates to the same problem. 3. There are a number of reasons for pressure drops in a system. Initially the water leak from the filling loop appeared to be the root cause and, following the replacement of the filling loop, the pressure did not drop whilst I was in attendance. The advice to 'Keep an eye on the pressure' was, as explained at the time, in case there were secondary issues causing the pressure drop. This would now appear to be the case. 4. Experience points to this being caused by a blocked, or partially blocked, secondary heat exchanger. This part would require replacement and, I would recommend, the installation of a system filter to reduce the possibility of this happening in the future. I realise that this is incon
SimonR - 8-Jun-16 @ 7:53 PM
Hello, Between October 2015 and January 2016 we paid for the services of a plumber to correct a number of issues with our combi-boiler and this is still on-going. 1. We were having problems when the heating was on, the hot water wasn't working and if we turned the hot water on, the heaters would heat up. So we hired a plumber. Whilst here he replaced the actuator to the diverter valve, though while carrying out this work, he managed to fuse the programmer accidentally, which he replaced with a wall mounted one. We received an invoice for £285 for this work. 2. Soon after this work was completed, oil was not feeding into the boiler following a lock-out from low fuel. He replaced a new pump for which we were invoiced £107.98. A number of days later he had to return to repair an oil leak from the pump causing serious fumes in the kitchen area. 3. At this time he had mentioned about the water drip from the filling loop which was causing a drop in pressure and advised us to fix this to prevent any further damage to the boiler. We asked him to carry out this work, requiring the system to be drained and replace the faulty filling loop, for which we were invoiced £119.39. He advised us to keep an eye on the pressure just in case. Over this period, the bill has come to £512.37 for various repairs to our boiler system. Since this work has been carried out however we have continued to suffer from a series of problems with the boiler, much of which was meant to have been fixed. 4. While the heating is on, no hot water is available. 5. On occasion the heaters heat up when the hot water is on. 6. The water pressure has had to be 'topped up' at least once a month (more than on any occasion prior to his work being carried out). 7. Hot water does not flow fully, requiring us to temper the hot tap to ensure enough hot water flows for long enough to have a bath or shower. We cannot turn the taps on full, which should be normal practice for this boiler. I emailed the boiler-man with the above information, but his response was as follows (edited): 1. Heating is on but no HW available - this does appear to be a stuck diverter valve and would require replacement ( The actuator should be ok though) 2. This relates to the same problem. 3. There are a number of reasons for pressure drops in a system. Initially the water leak from the filling loop appeared to be the root cause and, following the replacement of the filling loop, the pressure did not drop whilst I was in attendance. The advice to 'Keep an eye on the pressure' was, as explained at the time, in case there were secondary issues causing the pressure drop. This would now appear to be the case. 4. Experience points to this being caused by a blocked, or partially blocked, secondary heat exchanger. This part would require replacement and, I would recommend, the installation of a system filter to reduce the possibility of this happening in the future. I realise that this is incon
SimonR - 8-Jun-16 @ 6:45 AM
joelo - Your Question:
I purchased a car from a garage around fifty miles from me and this was sold to me with a collapsed rear right wheel bearing. this was also MOT'd on the same day of purchase by the garage and passed. they still have the car for repair and say the part has been ordered but they have had my car three weeks so far. am I entitled to a refund as this has caused me inconvenience and they have sold me a car unfit for purpose and with an MOT that should have picked up on the fault?

Our Response:
How long had you had the car before the fault was apparent. You only have 30 days to reject a second-hand car and get a full refund under the Consumer Rights Act. If it's more than 30 days but less than six months, you must give the garage a chance to repair the vehicle. Note if you bought a car that was not described as being in excellent condition or good working order and it you don't really have any right to reject it or to claim compensation.
ConsumerRightsExpert - 18-May-16 @ 11:18 AM
I purchased a car from a garage around fifty miles from me and this was sold to me with a collapsed rear right wheel bearing. this was also MOT'd on the same day of purchase by the garage and passed. they still have the car for repair and say the part has been ordered but they have had my car three weeks so far. am I entitled to a refund as this has caused me inconvenience and they have sold me a car unfit for purpose and with an MOT that should have picked up on the fault?
joelo - 15-May-16 @ 7:46 PM
Hi, I bought a top of the range Samsung laptop i7 processor in May 2013. I started having issues with it a few months ago, the charger would not get recognised, it would heat to the point where i have heat marks (still) on my leg. I went to the retailer as i realise it is out of the first Warranty and they want to charge me £210 to fix, as I was concerned with the reason for the issue i asked Samsung to take a look - The motherboard has melted and stress cracks on the casing from the heat as well as the charger port being affected. Prior to sending i bought a new charger to see if that was the problem. I sent both off and have been told the chargers are at fault but they can not confirm which one caused the issue. To me this is ridiculous, if the original charger is corrupt surely this is a fault with the original parts? Samsung want to replace the charger also and charge me £310 for the repair. I'm not sure which route to take now, having spoken to Samsung they are advising i write to complain to take it further. Do i continue down this route or go back to the retailer? Can i ask the Manufacturer repair centre to repair it and claim against the retailer? Please help
Emma - 22-Jan-16 @ 12:37 PM
Oppizzle - Your Question:
I bought a car about 2 Saturday's ago.The car drove fine until we got home However it would not drive since then.On examination at a mechanics ,he said that the gearbox is faulty and will cost about £1200 estimate to fix it.I have decided to return the car to the dealer,however I have spent extra money on this car just because of this problem.For instance towing vehicle fee to take the car back to the dealer.Also insurances and tax,can I ask the seller to pay this money back to me?

Our Response:
No, the dealer does not have to refund these expenses.If you want to claim compensation for this, you should do so via the civil or small claims court.
ConsumerRightsExpert - 16-Dec-15 @ 10:34 AM
I bought a car about 2 Saturday's ago.The car drove fine until we got home However it would not drive since then.On examination at a mechanics ,he said that the gearbox is faulty and will cost about £1200 estimate to fix it.I have decided to return the car to the dealer,however I have spent extra money on this car just because of this problem.For instance towing vehicle fee to take the car back to the dealer.Also insurances and tax,can I ask the seller to pay this money back to me?
Oppizzle - 15-Dec-15 @ 2:03 PM
I purchased an engagement ring from F Hinds September 2014, the ring cost £1000. In January 2015 a diamond came out so I took the ring back they sent it off for around 3 weeks and repaired the ring last week another stone has come Out ! So in a year and 2 months 2 stones have come out - I have asked for a refund as I find this discusting an engagement ring is meant to last fore ever. They have said the ring will be sent off and they will see who is at fault I have not knocked the ring I always look after it well I no they will come back and say it's my fault so they don't have to refund the ring however I don't want to have to keep goin back and forth to get the ring Fixed as it's obviously not very good quality where do you think I stand
Chelsey - 29-Nov-15 @ 10:16 AM
I have two matching siemens buit in ovens. one has a microwave which has been deemed irrepairable by siemens as its leaking microwaves ( its 18 months old). I bought these two to fit in a new kitchen and obviously they look the same. Siemens now want to replace the broken oven with their newer designed oven which looks nothing like the one i have. They refuse to accept that in such a short time span i am expecting them to replace both ovens so they match. I feel that as i purchased them as a pair some consideration should be given to my request, especially as i have only had them both 18 months and out of that time i have had 3 engineer visits to this oven trying to repair it. Please help.
anne - 22-Oct-15 @ 5:45 PM
@Mike Peters. You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner. You should not have to cover the cost of returning an item. If your goods don’t match the description given, you have the same consumer rights under the Sale of Goods Act as you have when buying in store.
ConsumerRightsExpert - 26-Mar-15 @ 1:51 PM
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