My partner ordered some branded USB drives (credit card style) from a reputable printing company.

She has used them before for other products, and to be honest, the quality has always been reasonable.

However, the quality of these USB drives is terrible. The 'printing' bit is ok, but the base product is awful. They look really cheap and nasty. The material has a poor finish and there is a small gap where the USB section swivels around. Also the USB section doesn't fit snugly into the rest of the card when closed, which means the printed image is not lined up correctly.

We would like a refund if possible. A replacement would be ok if the quality were right, but I suspect this is a standard base product that they use and that any replacement would have the same defects.

I spoke with them on the phone, and they have requested photos, which I am sending now. But I didn't get the impression a refund would be a likely option. And as mentioned, I'm not sure a replacement would be adequate.

I'm not sure what our rights are here.

The goods were ordered online (which would normally allow a return period after inspection). But I have read that normal rights are not applicable when ordering 'customised' goods. Nevertheless, the Sale of Goods Act does state that the quality of any goods must be satisfactory.

Can anybody offer some advice as to the best way to proceed?

Sale of Goods Act is no longer its now Consumer Contracts Regulations/ Consumer Rights Act 2015.

http://www.legislation.gov.uk/uksi/2013/3134/contents/made

http://www.legislation.gov.uk/ukpga/2015/15/enacted

Are you a business or consumer ?

Andy

Thanks Andy.

It's a business.

So I looked up to see if the CRA still applies (it doesn't).

For anybody else reading, I looked it up and found that:

Under the legislation, the products you sell must:

• be of a satisfactory quality
  
• be fit for purpose
  
• match the description
  
• be installed correctly, if installation was part of the contract
  

It also tells me about the right to a refund, repair or replacement:

If the goods sold by the trader don’t meet the requirements set out by the Consumer Rights Act (satisfactory quality, fit for purpose and matching the description), the consumer has a short period (usually 30 days) during which they can reject the goods.

 

The trader is obliged to give a refund within 14 days of agreeing that the consumer is entitled to one. The trader can ask the consumer to show proof of purchase, but this doesn’t have to be a receipt.

 

If the contract has been breached but the consumer has lost their right to reject goods because the 30 day period has passed, the trader is obliged to offer repair or replacement, as long as the complaint is made within six months of purchase.

 

The repair or replacement must not cost the consumer anything, and must be completed within a reasonable time and without causing significant inconvenience.

 

If the repair or replacement isn’t possible, it fails, or it isn’t completed quickly enough, the consumer can ask for further repairs or replacements, or claim a price reduction or a refund.

 

The consumer can also claim additional compensation if they’ve suffered other losses as a result of issues with the goods, for example if the goods have caused property damage.

Source: https://www.simplybusiness.co.uk/knowledge/articles/2017/03/sale-of-goods-legislation-consumer-rights-act-guide-for-small-businesses/

So now my question is:

The trader is obliged to give a refund within 14 days of agreeing that the consumer is entitled to one.

What if they don't agree that we're entitled to one? How could we go about demonstrating this?

In this case, the USBs are supposed to be used for presenting wedding photographs. But, the quality is so bad you could NEVER present them to your clients. But technically, they "work" - i.e. you can read and write from the USB.

So you are B2B...therefore not a consumer.

https://www.mylawyer.co.uk/buyers-rights-business-to-business-sales-a-A76062D77560/

Andy

Out of the blue they've given a credit note, which has taken me by surprise given their previous tone, but it seems satisfactory to me.

Can't thank you Andy, 'got to spread some rep around'.

Pleased its been resolved to your satisfaction 69.

Regards

Andy