That consumer protection act?

[Morrisman]

I bought a big dog bed a month or two ago, £145 from Pets at home. Doggo enjoyed it.

Last week it needed laundering, and it is advertised as washable etc, and afterwards I had to reinstall the cushions. After two hours I gave up, no way were the big floppy chipped foam cushions going back inside.

Took it back to the shop yesterday, to return it as basically it is now unusable, and I was told I need to take it up with the supplier as the store only gives 28 days warranty on anything they sell. I told the manager that thats wrong, that they have to give a years customer support, but I couldn't for the life of me remember what they wording or name of the law was.

It was quite amusing watching this petite female manager spend ten minutes on her knees trying to nonchalantly shove the cushions back inside, after telling me "It's pretty simple actually".

It was no drama, I swapped the bed for a far simpler but bigger flat simple cushion, that does the job, but it annoyed me that she tried to fob me off with the 28 days thing, and has probably done it to others.

The first bed was probably a bit small, but it was the biggest one with the rim around.



Her new palatial accommodation.

 

[ajlelectronics]

Here it is:

Legislation

Dumbed down version.

 

[winchman]

Your contract is with the shop who sold it, but I would talk to the manufacturer aswell

 

[keithski122]

Lots of silcone or vacuum cleaner and a bin bag.

 

[Morrisman]

Here it is:

Legislation

Dumbed down version.

The dumbed down link takes me to a which page, but then the contents disappear leaving me a blank page.

 

[ajlelectronics]

The dumbed down link takes me to a which page, but then the contents disappear leaving me a blank page.

Strange. It is a Which version but has inaccuracies compared to the heavy going legislation.

A short excerpt...

Product quality - what should you expect?​

As with the Sale of Goods Act, under the Consumer Rights Act all products must be of satisfactory quality, fit for purpose and as described.

The rules also include digital content in this definition. So all products - whether physical or digital - must meet the following standards:

• Fit for purpose: The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
• As described: The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.
• Satisfactory quality: Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods.

One aspect of a product being of satisfactory quality is durability, in other words how long it lasts.

Durability takes into account many different factors like product type, brand reputation, price point and how it is advertised. For example you're unlikely to be able to claim a cheap kettle that's stopped working after four years isn't durable. Whereas a more premium and expensive kettle that's been well looked after and has stopped working after 14 months could be considered to not be durable, and therefore not of satisfactory quality

Who should you claim against?​

If what you’ve bought doesn’t satisfy any one of the three criteria outlined above, you have a claim under the Consumer Rights Act.

If you've bought a faulty product, you can read our guide, which shows you what you should do and how to make a claim.

If you want to make a claim under the Consumer Rights Act, you have several possible ways of resolving your issue, depending on the circumstances and on how you want the retailer to remedy the situation.

Your rights under the Consumer Rights Act are against the retailer – the company that sold you the product – not the manufacturer, so you must take any claim to the retailer.

What you can claim depends on how much time has passed since you physically took ownership of the goods.

How long do you have to return a faulty product?​

The Consumer Rights Act gives you the legal right to either get a refund for goods that are of unsatisfactory quality, unfit for purpose or not as described, or get it repaired - depending on how long you've owned it:

• 0-30 days: You can claim a full refund for goods that are of unsatisfactory quality, unfit for purpose or not as described.
• 30 days-six months: You must give the retailer one opportunity to repair or replace it before you can claim a refund.
• Six months or longer: You must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.

If you'd prefer a repair or replacement in the first 30 days you can ask the retailer, but it cannot refuse to give you a refund.

The 30 day right to a refund doesn't apply to products you've bought as downloads - such as music, games or apps. You can, however, ask for a digital product to be repaired or replaced if it develops a fault. And if this isn't possible, or unsuccessful, you have the right to get a price reduction - which could be the full amount you paid.

The 30 day period is shorter for perishable goods, and will be determined by how long it is reasonable to have expected the goods to last. For example, milk would be expected to last until its use-by date, as long as it’s stored correctly.

KEY INFORMATION

Taking ownership​

The clock starts ticking from the date you take ownership of the goods.
For example, if you purchase your goods in store and then take them away with you, your right to a refund starts on that day.
But, if you order it in store to have it delivered later or buy it online, the clock doesn't start ticking until your goods are delivered to you.
Bear in mind that if you nominated a safe place or neighbour and your order is left there, this will be interpreted as the parcel having being delivered to you.
You have up to six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.
This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.

Your right to a repair or replacement​

You can state your preference, but the retailer can normally choose whichever would be cheapest or easier for it to do.

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.

Beyond the first 30 days of ownership you're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:

• an attempt at repair or replacement has failed
• the cost of the repair or replacement is disproportionate to the value of the goods or digital content
• a repair or replacement is impossible
• a repair or replacement will cause you significant inconvenience
• the repair or replacement will take an unreasonably long amount of time.

If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you can reject the goods for a full refund.

If you don't want a refund and still want your product repaired or replaced, you have the right to request that the retailer makes further attempts at a repair or replacement.

If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.

The retailer can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement.

The only exception to this rule is motor vehicles, where the retailer may make a reasonable reduction for the use you've already had of the vehicle after the first 30 days.

If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time you took ownership of it.

In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.

KEY INFORMATION

 

[rcx132]

The shop only gives 28 days warranty - yeah that's their rules, but you know the statement goes, "statutory rights are unaffected", which basically means that the shops rules are overridden by consumer rules.

For the first six months it's the shops responsibility to prove the goods are satisfactory. After that it's yours, I've found that a letter from a service shop is all you need.

I've always made an effort to resolve things with the shop, then fall back on the bank (chargeback), and if that fails I open a case using the online MCOL service.

 

[Morrisman]

Lots of silcone or vacuum cleaner and a bin bag.

That's all I can imagine was used to put it in, as the rim 'bolster' cushion is an 8' long loose bag of chipped foam. Something would be needed to compress it enough to fit neatly and evenly in, then get the zip done up.

 

[keithski122]

That's all I can imagine was used to put it in, as the rim 'bolster' cushion is an 8' long loose bag of chipped foam. Something would be needed to compress it enough to fit neatly and evenly in, then get the zip done up.

Its quite a normal way of fitting covers to car headrests.

 

[ajlelectronics]

Its quite a normal way of fitting covers to car headrests.

Tell me about it! I have some possibly Triumph headrests to do. I carefully made a new cover and fought it to the death to get it in there! So then I made another, rechecking all my measurements and making a new pattern. That one was just as bad. The Scimitar ones are a struggle to stuff, but these nearly defeated me! I am still not happy with the last iteration, because the foam is so strong that it destroys the horizontal plane underneath it by bulging in the centre, even with the bezel in place.