B&Q Returned drill Bought in Nov, They want me too pack it up and wait in all day for Bosch too collect it and test!

[scouse12345]

As per thread title, i;m fuming too be honest, took time off a job too return drill too B&Q, they put me on the phone too Bosch, who want me too wait around all day tomorrow for a courier too collect the drill and return it too them for testing, drill is 10 weeks old with reciept and they met yet decide that it's my fault it's become faulty according to the Bosch guy on the phone.

 

Anyone know if this is correct or if i'm being given the run around, as i feel the need for a little arguemnet now

 

Cheers

 

S.

[laddie007]

ya didnt buy if of bosch .its upto b & q to return it back to bosch ,b & q are supplied with these on a sale or return basis,you have your receipt so demand to see the manager and make a scene at returns if neccassary.

[rebel11]

Hi scouse

 

Read 10,12 and 13 in my signature.

 

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES CLICK HERE

 

• 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)

[scouse12345]

Apologies people, nearly became one of my own pet hates "starts a thread and never ends it".

 

Phoned B&Q head office, and informed them i wouldnt be waiting in for a courier too collect damaged drill, took back too the same B&q depot, asked for manager and informed them of the hassle i had, they apologised, and refunded the drill in full and informed me i had in misinformed etc...

 

Thanks for the help.

 

S.

[EbenezerTwist]

It's a try on from the middle man.

Worthwhile to know your rights

[JMarshal]

It's a try on from the middle man.

Worthwhile to know your rights

 

At the risk of speaking out of turn actually I think it entirely possible the retailer acted appropriately in this case and there is not an issue of them acting wrongly.

 

The item was returned 10 weeks after it was bought. On most goods this far exceeds a 'reasonable time' which is usually deemed between 2 weeks and 28 days.

As the goods are actually a type bought with a requirement at hand (i.e. most people don't buy a drill on the offchance they need it, but instead buy it because they need to use it) - this means the goods are likely to have been tested and fully used within 7 days.

 

The fact that the item can have been used excessively in that time and used inappropriately (there are many ways to stress a drill and burn out the motor), means the fault may be nothing to do with fitness of purpose for the job or manufacturing faults.

 

I see none of the above posts ask about the fault itself, how it manifested or the condition of the drill!!! That might have left the retailer questioning how the drill was used and if the customer damaged rather than a fault.

 

I think B&Q may well have acted very well and the manager may have acted in the last instance in good faith to keep a customer happy rather than it having been a case of a 'try on' from the middle man.

 

I think it a case for people to ask a few more questions, otherwise we might find consumer rights changing for the worse because to many consumers 'try it on'.

I know far to many builders who freely admit to buying a tool and testing it to destruction on a few jobs before taking it back for a replacement and keeping the new one. It all adds to the cost of the goods us consumers buy!!

[MaxxPower]

At the risk of speaking out of turn actually I think it entirely possible the retailer acted appropriately in this case and there is not an issue of them acting wrongly.

 

The item was returned 10 weeks after it was bought. On most goods this far exceeds a 'reasonable time' which is usually deemed between 2 weeks and 28 days.

As the goods are actually a type bought with a requirement at hand (i.e. most people don't buy a drill on the offchance they need it, but instead buy it because they need to use it) - this means the goods are likely to have been tested and fully used within 7 days.

 

The fact that the item can have been used excessively in that time and used inappropriately (there are many ways to stress a drill and burn out the motor), means the fault may be nothing to do with fitness of purpose for the job or manufacturing faults.

 

I see none of the above posts ask about the fault itself, how it manifested or the condition of the drill!!! That might have left the retailer questioning how the drill was used and if the customer damaged rather than a fault.

 

I think B&Q may well have acted very well and the manager may have acted in the last instance in good faith to keep a customer happy rather than it having been a case of a 'try on' from the middle man.

 

I think it a case for people to ask a few more questions, otherwise we might find consumer rights changing for the worse because to many consumers 'try it on'.

I know far to many builders who freely admit to buying a tool and testing it to destruction on a few jobs before taking it back for a replacement and keeping the new one. It all adds to the cost of the goods us consumers buy!!

 

I think the problem is that B&Q should not have put the onus on the OP to have to wait all day for a Bosch courier. If the drill was indeed to be returned to Bosch, it was the retailers responsibility to do so, so B&Q should have taken the drill and had it collected from their store. If they are unable to provide this service, then they must provide either a refund or replacement. It's the responsibility of the retailer to do all this.

I must disagree with your opinion that B&Q acted appropriately in this case.

[scouse12345]

Apologies people, nearly became one of my own pet hates "starts a thread and never ends it".

 

Phoned B&Q head office, and informed them i wouldnt be waiting in for a courier too collect damaged drill, took back too the same B&q depot, asked for manager and informed them of the hassle i had, they apologised, and refunded the drill in full and informed me i had in misinformed etc...

 

Thanks for the help.

 

S.

 

Text in Bold confirms that they had acted innappropriately (though maybe spelt better)

 

S.