Sale of goods act advice please

Discussion in 'Finance, Property, Law' started by supermatelot, Aug 19, 2012.

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  1. Three weeks ago my missue bought a radio controlled buggy. She did not really know what to be looking out for but bought it for me as a "gadget". I have been after getting a "proper" one for ages. Anyway - she spent £40 on something that had apparently already been greatly reduced on a Chinese toy that can do little other than crawl on the carpet. The box shows an image of an odometer showing "45" on it...45 KPH / MPH??

    Anyway, it's a Chinese fake toy that appears to be everything like the RC buggies that can be bought. Tomorrow we plan on returning it to the store, not the same branch though.

    could anyone please advise me on where I stand and what to cite etc. Or if I don't have a leg to stand on. Also, If entitled - would it be to a full refund or just an exchange voucher?

    We have receipts and it's all packed in original packaging and has been used for about 3 minutes.

    Cheers
     
  2. It's not fit for purpose under the sale of goods act.
     
  3. Read the stuff on the box it came in, If it does what it says on the tin it may just be a case of suck it up. Although a way around it would be to say that you bought it for a nephew and he already had one. Also check receipt for details of returns policy; may just be a case of take it back and get a refund.
     
  4. What is your gripe? Substandard goods? Copies? Of what? Deficient goods, ie is it not working as it should?

    If it's a rip off, it's a trading standards issue. If it's deficient you can get it replaced with the same product that actually works, or they can refund you (not a right by the way, it's down to their discretion.)

    If you just don't like it, they are not required to replace it or refund you. It will be down to their discretion.
     
  5. I disagree... if it "works" by moving then it has satisfied the conditions of sale has it not ? The stated 45 may refer to 45 anything.. there being no claims as to speed stated on the box ?
     
  6. go and shat on the counter of the shop.....it may not get your money back but may give you satisfaction or even sexual gratification even the shop owner maybe slightly aroused....it takes all sorts
     
  7. If you compared it to similar products I'd argue it's not fit for purpose.
     
  8. its best not to argue ! be nice... they probably will replace or refund at discretion... but being feisty from the off just rubs counter staff up the wrong way...it wasnt them wot made/designed it.

    Jarrod for 40 quid you aint gonna argue anything legally !!!!!!!!!!!!!!!!!!!!!!
     
  9. No you're wrong if it's not fit for purpose it's not, the price is not relevant. They have to refund or replace it.
    I wasn't suggesting he argues in the shop.
     
  10. you buggers who argue on principle honestly scare me.

    If you write a letter of complaint and post it its already cost you £20 of time effort and arseache. does the phrase "throwing good money after bad" mean anything to you Jarrod ?
     
  11. I don't pay myself an hourly rate so my time is free.
    It's not an argument on principle I can feed myself for a week with 40GBP
     
  12. The boxing says "Off road" etc and to anybody who didnt know any different it looks just like those RC buggies that DO actually do 40MPH etc. The reality is, it has solid plastic tyres, runs off just AA batteries and struggles to move on a carpet, let alone a lawn or "off road".

    I've no intention of going in "all guns blazing". The reality is my missus thought she was buying me a treat but ended up buying a child's toy - a very expensive child's toy that is still not fit for purpose had it even been bought for that reason.

    I'm expecting to be told we have to take it to the branch it was purchased. Is that correct or can it be returned to any branch of the same store?

    Cheers.
     
  13. time is never free dear boy..

    just as a thought.. I would think the trading standards people only get involved if there are issues of safety or copyright infringement involved.... basicly this is neither...
     
  14. It's not a trading standards matter it's a simple malfunctioning article.
     
  15. I dont know.... but you are very likely not alone... any google search for consumer focus forums etc ??