Halfords won't refund as no packaging.***Resolved with full refund***

[richthegill]

Just a quick query, I bought a car stereo from Halfords approx 3 weeks ago, fitted it and it worked fine for a while.

A week later it developed a fault and I have tried to take back to Halfords for a refund.

Despite having ther full receipt and even the £10 gift voucher offered as I had spent over £50, they are refusing to refund me as I had disposed of the packaging and instructions. All they will do is replace with another stereo and remove the packaging from that or get it repaired.

I have already replaced the stereo with something else, so this means I would be stuck with a stereo I no longer require.

Where do I stand on this?

Thanks

[MARTIN3030]

You dont need the original packaging if the goods are faulty and you have the receipt.

Ask to speak to the manager and say you will give them one more chance,to refund your money,or will be reporting them to Trading Standards,or issuing a small claims for your money back.

[BSC]

It's faulty they have to accept it back under the SOGA packaging or no packaging.

 

If your after an exchange. You can always suggest they use the replacements box if they are so desparate for it.

[richthegill]

They are telliing me they dont have to accept it with no packaging, and will only replace or repair, I can't find where SOGA shows they have to accept it with no packaging. Sorry! Is there anywhere I can find this to take to the shop with me?

[BSC]

Turn it on it's head. Tell the manager to prove to you that the SOGA allows for no refund unless you have the packaging.

 

Also tell him that when he shows it to you you'll show it to Trading Standards as they obviously are unaware of this change in legislation

[richthegill]

I spoke to the manager on the phone, he has said that he will accept it back with no packaging but won't accept for refund with no instructions.

[BSC]

Same thing applies then. Tell him to show you where that is stated in the SOGA.

[richthegill]

Still refusing, saying they don't have to refund but are happy to send off to repair or exchange. I purchased it on the 24th of April so within 30 days?

[perplexity]

Turn it on it's head. Tell the manager to prove to you that the SOGA allows for no refund unless you have the packaging.

 

The packaging would be a matter of the policy of the store, beside the point with regard to the rights of a consumer defined by Article 3 of the EU Directive 1999/44/EC (implemented by Part 5A of the Sale of Goods Act, according to which the consumer may require an appropriate reduction of the price or have the contract rescinded when the buyer may require neither repair nor replacement of the goods, or when the seller is in breach of the requirement repair or replace within a reasonable time and without significant inconvenience to the buyer.

 

Therefore, where the seller is able and willing to repair or replace in good time and with no significant inconvenience, there is no particular right to a refund instead, except that the terms and conditions of a contract promised as much.

 

P.S.

 

If you don't believe it, here is the relevant section of the SOGA:

 

48C Reduction of purchase price or rescission of contract 

 

(1) If section 48A above applies, the buyer may—

 

(a) require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or

 

(b) rescind the contract with regard to those goods,if the condition in subsection (2) below is satisfied.

 

(2) The condition is that—

 

(a) by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or

 

(b) the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.

 

(3) For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

Edited May 14, 2011 by perplexity
P.S.

[Dragons Dennis]

Nothing is required other than the faulty item and proof of purchase. You don't even need the actual receipt, just proof you bought it - ie credit card statement, but receipt is always best of course.

 

They MUST refund if faulty within 28 days. No question.

[perplexity]

Nothing is required other than the faulty item and proof of purchase. You don't even need the actual receipt, just proof you bought it - ie credit card statement, but receipt is always best of course.

 

They MUST refund if faulty within 28 days. No question.

 

The right to an unconditional reimbursement within a period not exceeding 30 days, when a contract is cancelled, is a part of the Distance Selling Regulations. I am assuming that the purchase in question was from a local store, not a distance contract.

[BSC]

Don't worry about that. Their own store policy states they will refund faulty items within 28 days. It doesn't say anything about manuals or packaging. This is in addition to your consumer rights.

[MARTIN3030]

Absolutely.

Small claims needs pre action protocols,and evidence of it.

Trading Standards,would also want to see some evidence that you have tried to sort it with the trader.

I suggest that since the manager has made it clear that you are not getting a refund,that you put something in writing ASAP.Take it to the store and ask for a reciept for it,send a copy to their HO,and keep one for yourself.

Give them 7 days to comply or else respond in writing that they will not be doing so.

I think that the manager will take a different view once he sees you are not letting it go-and also sees that you have cc'd the letter to their HO

[perplexity]

Don't worry about that. Their own store policy states they will refund faulty items within 28 days. It doesn't say anything about manuals or packaging. This is in addition to your consumer rights.

 

 

According to the Terms and Conditions published on halfords.com the relevant policy (Unwanted Goods) is precisely this:

 

If you decide that you do not want any item that we have delivered, we are happy to offer you an exchange or refund within 28 days of delivery, provided that it is returned to us in its original and unused condition (including in its original packaging), along with the wrapping and delivery note (as proof of purchase).

If there is something to another effect, elsewhere, it might be helpful to tell us where to find it.

 

[BSC]

I thought their section on faulty items would have been more appropriate.

 

http://www.halfords.com/webapp/wcs/stores/servlet/product_storeId_10001_catalogId_14552_productId_701154_langId_-1_categoryId_173016

[BSC]

Sorry link not working from my phone.

 

Google 'Halfords Refund' and it's the first link

[MARTIN3030]

Irrespective of their own terms or refund policy-you are entitled to a refund since the goods are faulty.

The clock is ticking-forget the phone calls-take some pro active steps to force their hand...and your rights.

[BSC]

I agree Martin but the fact their policy also allows it should make discussions with the store easier. Of course youcan take your suggested route and avoid dealing with the store completely.

[MARTIN3030]

The store manager will have discretion to resolve as he/she believes will be appropriate,within his brief,and of course in consideration of the regs......thats what distinguishes between good managers and bad ones.

[BSC]

And we both know what kind of manager this one is.

[MARTIN3030]

[BSC]

The bit I don't understand is that if the item is faulty it goes back to supplier for credit. Why the manager is wanting to offer poor service when there is absolutely no incentive to do so is confusing.

[perplexity]

Sorry link not working from my phone.

 

Google 'Halfords Refund' and it's the first link

 

 

The terms of the "FAULTY GOODS" part appear to be "If you purchase a product online ......." etcetera.

 

Irrespective of their own terms or refund policy-you are entitled to a refund since the goods are faulty.

The clock is ticking-forget the phone calls-take some pro active steps to force their hand...and your rights.

 

---

 

A buyer is entitled to reject goods within a "reasonable time" to be allowed to inspect the goods "when the seller tenders delivery of goods to the buyer"; c.f SOGA section 34.

 

The OFT give an example of a period of six days, with regard to the rejection of a loose switch. According to that advice the seller may offer a replacement.

 

If you're willing to risk the cost of a legal action on a period of three weeks, I wish you luck. What I am not so willing to do is recommend to somebody else to take a risk that I would not be so willing to take for want of an automatic right to a refund that does not in fact exist.

 

Were it possible show that every one of the items available to replace the original purchase is likely to be as bad, the case would be that much stronger; I would therefore recommend to have a word with Trading Standards about it. Short of that I am not at all so sure of why not to accept a replacement, the need being to act in good faith, not to look for trouble.

Edited May 14, 2011 by perplexity

[richthegill]

Well blow me.

Firstly, thanks for all your help, it's appreciated.

I walked back into Halfords, stereo under my arm, speech in my head and SOGA printed in my pocket.

I walk over to the counter and before I manage to say anything at all he says to me, " ok **** will serve you" When I said I hadn't got the instructions etc he just said "if you haven't got it, you haven't got it she will sort out your refund"

He didn't look very happy to be fair but I thanked him for his help and off I went.

Stunned!

[BSC]

Glad it worked out for you. Always thought it would despite one posters efforts to discourage you.