News3 mins ago
Consumer Rights
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just bought an expensive leather designer bag in TK Maxx. looking up reviews of it now I am home and have discovered it is made in China, and apparently this bag, when made in China, tends to fall apart after a couple of months. So if the bag starts falling apart what Re my rights as far as length of time I have kept the bag, if it becomes faulty and do all stores have to honour this and give me a refund?
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smurfchops it is like asking how long is a piece of string, if you have bought the bag to use for work everyday and put lots of stuff in it and chuck it on a car seat a few times aday or shove it in a work locker, then it is likely with faire wear and tear it will look like a second hand bag in six months time and no retailer would give you a refund on any fault that suddenly developed at that stage. If however you are only going to use it occasionally and within just a few uses it starts to fall apart you could return it and expect a refund for a faulty item. If the stitching is the problem but after 6 months of continuous use there is no apparent failure of the way it has been stitched then it is unlikely a fault will suddenly show up,
>>>Is there a limit to the length of time before I take it back though?
Yes, but it's not specified!
The legislation only gives you the right to receive a full refund if a fault is discovered, and reported to the vendor, within 'a reasonable period'. Most retailers regard that as being around 1 month but only a court could decide what is, or isn't, reasonable. (For example, a woman purchased a car during the winter months and didn't find out until the following summer that the air conditioning didn't work. A court ruled that it was still within a 'reasonable period', as there was no reason for her to test the air conditioning before then).
After the 'reasonable period' you lose your right to a full refund but you retain the right to receive an exchange or repair of a defective item for up to 6 years in most cases as long as the defect was there at the time of purchase. (e.g. poor quality materials were used, or there had been poor workmanship). For the first 6 months of that period there's usually an automatic assumption that the cause of any problem was such an 'inherent fault' but thereafter it's up to the purchaser to prove it (or, at least, to show that an inherent fault was the most likely cause of the problem).
However courts have to exercise common sense when applying the law. I paid 2p for a carrier bag in a charity shop yesterday. I could hardly demand a refund if it tore after several weeks of daily use!
As I've indicated, only courts can make firm rulings on such matters but, as a guide, I'd summarise the foregoing as follows:
If the bag starts to fall apart within a month, you've probably got the right to a full refund.
If problems occur within the following 5 months, you've probably got the right to receive an exchange (since it's unlikely that a repair would be practical). The store could, of course, offer you a partial refund (or a credit note) instead but there would be no obligation upon them to do so (or upon you to accept such an offer).
Beyond 6 months you're on very sticky ground. You might still have the right to an exchange but, if the store decided to fight, proving it could be extremely difficult.
Chris
Yes, but it's not specified!
The legislation only gives you the right to receive a full refund if a fault is discovered, and reported to the vendor, within 'a reasonable period'. Most retailers regard that as being around 1 month but only a court could decide what is, or isn't, reasonable. (For example, a woman purchased a car during the winter months and didn't find out until the following summer that the air conditioning didn't work. A court ruled that it was still within a 'reasonable period', as there was no reason for her to test the air conditioning before then).
After the 'reasonable period' you lose your right to a full refund but you retain the right to receive an exchange or repair of a defective item for up to 6 years in most cases as long as the defect was there at the time of purchase. (e.g. poor quality materials were used, or there had been poor workmanship). For the first 6 months of that period there's usually an automatic assumption that the cause of any problem was such an 'inherent fault' but thereafter it's up to the purchaser to prove it (or, at least, to show that an inherent fault was the most likely cause of the problem).
However courts have to exercise common sense when applying the law. I paid 2p for a carrier bag in a charity shop yesterday. I could hardly demand a refund if it tore after several weeks of daily use!
As I've indicated, only courts can make firm rulings on such matters but, as a guide, I'd summarise the foregoing as follows:
If the bag starts to fall apart within a month, you've probably got the right to a full refund.
If problems occur within the following 5 months, you've probably got the right to receive an exchange (since it's unlikely that a repair would be practical). The store could, of course, offer you a partial refund (or a credit note) instead but there would be no obligation upon them to do so (or upon you to accept such an offer).
Beyond 6 months you're on very sticky ground. You might still have the right to an exchange but, if the store decided to fight, proving it could be extremely difficult.
Chris
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