ASDA Refund Policy - Breach of SOGA

[Azazal23]

Bought i Wii game for my son on Sunday, he tried all night and yesterday go get it working, including trying it on another machine. I said i would take it back and get another one but he said he would rather have the money and get one himself, probably becuase he was fed up of seeing it.

 

tried to get a refund today and they flatly refused, said they would swap for the same game and thats it. I telephone the customer services who just looked on there web site and said that the policy now, have a nice day.

 

Surley this is in direct brach of the SOGA i have look to see if there are any exemptions in it (for electrical goods or games etc) and there are non.

 

Just says i am entitled to replacement or refund at my choice.

 

 

Anyone had the same problems, I am correct in thinking i am entitled to a refund.

[rickyd]

You're quite correct this is a clear breach of the Sale of Goods Act as the game isn't fit for purpose (it doesn't work) or legally "not of mechantable quality"

 

Go back and ask politely to speak to the manager/customer services manager and politely point out that if they do not provide a refund you will sue them for damages (the value of the item) plus costs and that they surely must realise they are in breach of the act.

 

If they have any sense they'll realise this isn't going to go away and that refunding you will be much better (and cheaper) in the long run.

 

Irrespective of whatever signage they have relating to computer games the fact remains that they have sold you a defective product and the law is crystal clear in this regard.

 

If they still don't see sense, sue them!

[the_maverick]

Im a retailer and deal with trading standards quite a lot. They are 'not' obliged to give you a refund as long as they make the product right, replace the faulty item with a perfect item. If they do this they have fulfilled there obligations.

 

There is a common misconception that you are allowed a refund if you change your mind about something. That is not true, any retailer can offer a no refund policy on selected items if not all, but nearly all offer some option like 28 days etc as a cursity, not a right.

[Azazal23]

thanks for the replies, can you direct me (the maverick) to the correct bit in the SOGA then, as have gone over it twice now and it clearly states in the case of "faulty" items "not fit for purpose) etc i am entitled to a refund.

 

I just want to get my facts stright before i cause a big fuss

[rickyd]

Im a retailer and deal with trading standards quite a lot. They are 'not' obliged to give you a refund as long as they make the product right, replace the faulty item with a perfect item. If they do this they have fulfilled there obligations.

 

There is a common misconception that you are allowed a refund if you change your mind about something. That is not true, any retailer can offer a no refund policy on selected items if not all, but nearly all offer some option like 28 days etc as a cursity, not a right.

 

Sorry to disagree with you but you are quite wrong.

 

The Act specifically states that the purchaser is entitled to reject the goods and receive a full refund if the goods are defective so long as this is reported to the retailer within "a reasonable time".

 

They do not have to accept an alternative nor a credit note. They may decide to take a replacement but their statutory rights do entitle them to a full refund.

 

Although the purchaser's statutory rights extend to 6 years, the onus is on the purchaser to prove the fault existed at the time of purchase and isn't due to fair wear and tear.

 

The only exception is where the goods are as described and are fit for purpose, they are not entitled to a refund is they simply change their mind after the purchase.

[the_maverick]

Sorry to disagree with you too, but you are quite wrong.

 

Just copied this off the Trading standards website for you.

What are you entitled to?

 

When you buy something which is faulty at the time of sale, you are entitled to:

 

repair or replacement. The trader is entitled to refuse either of these if it can be shown that the cost of doing so would be excessive in comparison with the alternative. Whatever remedy you agree, it should not result in undue inconvenience to you the customer.

 

If repair or replacement is not practical, you have the option to request full or partial refund, depending on what is reasonable.#

In your case a replacement is practical, instant and was offered...

Trust me, Asda have a team of legal experts that check there policies before they are put into place. Even if that is not what you want to hear.

Although if you pester them enough they may cave in but to sue them...be a waste of your time and money.

Good luck with whatever you decide though!

 

 

[Azazal23]

very interesting thank you. Now we have a problem given that the SOGA and what the Trading Standards are saying is conflicting.

 

It would seem Asda may take one small bit of the SOGA and apply it to everything. The Act itself seems very clear to me, yet the Trading Standards is conflicting the Act itself.

 

Would appreciate any more comments / suggestions. Maybe if a MOD could pick this up it could be looked into in more depth.

[Azazal23]

FYI this has just been taken from Liverpool Council Trading Standards website

 

Refund, repair or replacement - what am I entitled to?

A short guide to what you can claim when you buy faulty or misdescribed goods

 

When you purchase goods, you expect them to be working, as described, and suitable for their intended purpose. In fact, the law states that the goods you purchase should be:

 

Of a satisfactory quality. This is generally defined as meaning they are free from defects, safe and durable.

As described. They should correspond with any given description.

Fit for any purpose that is made known to the seller. This covers situations when you request that goods are for a particular purpose (e.g. you make the seller aware that the car you wish to purchase, needs to be suitable for off-road driving).

This is mentioned in the Sale of Goods Act 1979 (as amended), and the Sale and Supply of Goods to Consumers Regulations 2002.

 

Can I get a refund if the goods are faulty, misdescribed or not suitable for the purpose I requested?

 

You may be able to claim a refund if you make the seller aware of a problem with goods shortly after purchase. This is known as 'rejection'. Unfortunately the period within which you can reject goods is not clearly defined in law and can depend on the type of goods purchased. In most cases you are only likely to have a few weeks after purchase to reject goods because of a problem and clam a full refund. If you are looking to reject the goods then you should:

 

stop using the goods immediately; and

 

contact the seller as soon as possible (in writing, if necessary).

If you have had the goods for more than a reasonable period of time without rejecting them (see above), then you may be deemed to have accepted the goods. If acceptance is deemed to have taken place, then your rights may be limited to a repair or replacement in the first instance. You may also lose your right to reject the goods if you have altered or customised them in any way.

[blitz]

If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

Sale of Goods Act Fact Sheet - BIS

 

Claiming a refund

 

If goods are faulty and you wish to claim a full refund you must return the goods to the seller within a reasonable period of time, this time period is not set out by the law as it will vary depending on what has been purchased and the circumstances of the sale. For instance you may buy a pair of shoes and wear them the next day, and realise they are faulty and return them within a week for a refund. Equally it might be reasonable to buy a pair of skis in a summer sale and not use them until winter and return them for a refund the following season when the fault is discovered. The best practice is to take action and report the problem and ask for a refund as soon as you discover the fault.

Consumer Direct - The Sale of Goods Act 1979 as amended

 

 

When can I get a refund? When will I be entitled to only a repair or replacement?

 

If you are returning goods that are not of satisfactory quality or not as described and you return them within a reasonable period of time you may be entitled to ask for a full refund. If you have had some use from the goods or have had them for a while before you take them back you could ask for a repair or a replacement item. You, as the consumer, have the option of which solution you would like, however you must not require the trader to repair or replace the goods if this would be too costly, as compared to another remedy.

If a repair or replacement is not possible for the trader to provide, then you may be entitled to a reduction in the price of the goods to reflect the use up to that point or a refund. These remedies exist alongside the remedies available to you under the general law to terminate the contract for breach of condition and obtain a full refund.

Any remedy that is carried out by the trader must be carried to be within a reasonable time for the consumer and without causing significant inconvenience.

Consumer Direct - The Sale of Goods Act 1979 as amended

 

I have dealt with numerous cases of rejection of goods on this website (given advice), I have read TSI, DTI/BERR, Consumer Direct fact sheets, SGA '79 as amended, and own a selection of professional books on the subjects of consumer and commercial law.

 

You are entitled to reject the goods, if they do not conform to the contract (SGA ss12-15) and as long as you have not accepted the goods (Acceptance outlined under ss35)

 

I am more then happy to link and explain the relevant legislation and case law should you wish.

Edited October 27, 2009 by blitz

[rickyd]

in SOGA 1979 Pt IV C34 (2) where goods are delivered to the buyer and he has not previously examined them, he is not deemed to have accepted them until he has had a reasonable opportunity of examining them to determine whether or not they conform to the terms of the contract

 

As you cannot realistically examine the goods in store, this must mean taking the game home and trying it out. If it doesn't work, it is as defective a toaster that doesn't toast or a TV that shows no picture and therefore is not fit for purpose.

 

This is repeated in the Sale and Supply of Goods Act 1994 in section 2(2)

 

There is no grey area here, you can reject faulty goods for a no questions refund, no credit notes, no need to accept a replacement (but you can accept one if you wish) it is right there in black and white. IT'S THE BUYER'S CHOICE NOT THE RETAILER'S

 

Up to six months from purchase with any defect is deemed to have existed at the time of purchase and no proof is required from the buyer, but in practice it is always best to reject as soon as possible after the fault becomes known.

 

Big though ASDA may be, they surely can't believe that getting into an argument over a computer game can be good for their image? Its not as though it will cost them anything, they'll simply return it to their supplier as defective.

Edited October 27, 2009 by rickyd

[Azazal23]

Yeah thanks guys / girls i think thats probably cleared it up. Think the Trading Standards need to have a look at their website

 

Blitz... if you could cope the relevant links in for me i would be grateful, just incase Asda stonewall me.

 

 

 

Thanks again

[blitz]

Thats the SOGA link: Sale of Goods Act 1979 as amended up to date to 1/10/2003

 

But tbh print the consumer direct ones above and take those into store, if they do stonewall will help you write a letter to send to Head Office

[rickyd]

Sale of Goods Act Fact Sheet

 

Subject: Sale of Goods Act, Faulty Goods.

 

Relevant or Related Legislation:

 

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

 

Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

 

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

 

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

 

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

 

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

 

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

 

Excerpt taken from BIS (Dept for Business Innovation and Skills) website.

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There are many retailers who are simply unaware of how this legislation works and others that choose to ignore it. I don't know which side of the fence ASDA sits but in this case they are just plain wrong.

[rickyd]

Sorry to disagree with you too, but you are quite wrong.

 

Just copied this off the Trading standards website for you.

What are you entitled to?

 

When you buy something which is faulty at the time of sale, you are entitled to:

 

repair or replacement. The trader is entitled to refuse either of these if it can be shown that the cost of doing so would be excessive in comparison with the alternative. Whatever remedy you agree, it should not result in undue inconvenience to you the customer.

 

If repair or replacement is not practical, you have the option to request full or partial refund, depending on what is reasonable.#

In your case a replacement is practical, instant and was offered...

Trust me, Asda have a team of legal experts that check there policies before they are put into place. Even if that is not what you want to hear.

Although if you pester them enough they may cave in but to sue them...be a waste of your time and money.

Good luck with whatever you decide though!

 

 

 

can you advise which Trading Standards website this is, it seems they don't know the law they are charged with maintaining. I'll be happy to enter a dialogue with them to clear this up.

[Azazal23]

thanks a bunch, incidently they have cases of beer on offer for a fiver at the moment. Just a tip for all your hard work;)

[labrat]

our local store stated to us the other day that they would only take faulty items back if they are in the original box.

 

theyve changed there mind after a bit of discussion

[Azazal23]

Result !!!!!

 

Went to a different local store last night, they initially said they would only swap like for like, but then i said i had spoke to Trading Standards and produced the leaflet which i printed out and they suddenly took on a more customer orientated approach. Which was here s your money sir sorry about the hasstle. Which i then converted half of that into 2 cases of beer, everyones a winner

 

Thanks again for everyone for the posts, something to be aware about next time you buy games, software etc from supermarkets.

[JonCris]

very interesting thank you. Now we have a problem given that the SOGA and what the Trading Standards are saying is conflicting.

 

It would seem Asda may take one small bit of the SOGA and apply it to everything. The Act itself seems very clear to me, yet the Trading Standards is conflicting the Act itself.

 

Would appreciate any more comments / suggestions. Maybe if a MOD could pick this up it could be looked into in more depth.

 

As sooooo often trading standards are wrong ........... You are, under current legislation, entitled to a full refund & not just a replacement particularly as you have complained within 6 months of purchase

[JonCris]

our local store stated to us the other day that they would only take faulty items back if they are in the original box.

 

theyve changed there mind after a bit of discussion

 

Precisely Usual carp from retailers. How is the buyer to know the goods are faulty without removing them from the packaging:mad:

[labrat]

no this is a 6 month old product not anywhere near new :/

[JonCris]

no this is a 6 month old product not anywhere near new :/

 

I'm commenting on their policy of insisting the goods should be still in their packaging otherwise they won't consider a refund ......... a condition which is nonsense;)