return ing goods

[inafix]

Hi guys,we have just bought a tent from Winfields and as we were erecting it but the seam ripped under the tension of the poles that hold it up,we have taken it back to the shop but they now want to send it back to the manufacturer to ascertain weather it was my fault or a design fault, This seems a bit of a onesided opinion or do I have any more rights. I have said I am willing to take another tent but not the same make,any ideas please.

[ummmm]

Stamp your feet....

[I.Don No]

you do indeed have more rights.

When you return something that is faulty you are entitled to a full refund or a replacement, the choice being yours and yours alone. You are not in any way bound to accept a credit note.

If they mention those 2 words 'company policy' ask them if it company policy to ignore your rights in law.

If you have trouble, as I did once, make sure you try again at their busiest time and crank up the volume of your voice so that the whole shop can hear that they will not comply with the law....which is on your side in this.

good luck, not that you will need it.

[bushbaby_de]

I.Don.No - the whole point is the shop is trying to make out inafix made the damage and that it wasn't actually faulty.

Inafix - given the short period of time between purchase and damage, the Sale of Goods Act and relevant case law puts the onus on the shop to show that there was not an inherent fault, not for you to show that there was. Also your contract is with the shop, not the manufacturer. Just tell them you are quite happy for them to take it up with the manufacturer but you are entitled to your money back from them directly before you hand over the faulty tent.

[another-view]

Winfields? When was this, 1973?