Bloomin' GHD starigheners - shop or GHD?
Bloomin' GHD starigheners - shop or GHD?
Author
Discussion

Pip1968

Original Poster:

1,400 posts

234 months

Tuesday 12th May 2015
quotequote all
Bloomin' wife was up in arms about them going wrong. Took them to JL only to be told it is nothing to do with them but we should go to GHD. I said we have no contract with them but with JL but they still claimed we need to speak to GHD. Is this correct??? I thought that a shop where you bought them was responsible for the item fro the first two years of guarantee.

Any consumer experts most appreciated.

Pip
Ps they are five months old.

littleredrooster

6,412 posts

226 months

Tuesday 12th May 2015
quotequote all
Yep - with very few exceptions, your contract is with the retailer not the manufacturer. They must honour their obligations under the law. They weren't bought from a demonstrator/franchisee within JL, were they?

LaurasOtherHalf

21,429 posts

226 months

Tuesday 12th May 2015
quotequote all
Who is JL?

Speaking as a retailer of the afore mentioned GHDs, the reason you are being referred to GHD is because your typical salon will make at most £25 on each pair sold. They simply won't want the hassle of sorting out the returns when one pair given a way will mean selling the next five pairs for free. They really have the market sewn up.

However, speak to GHD themselves and you'll find they are a fantastic company for the consumer to deal with. Send yours away and they will simply send a new pair back out with the minimum of fuss.

littleredrooster

6,412 posts

226 months

Tuesday 12th May 2015
quotequote all
LaurasOtherHalf said:
Who is JL?
I was guessing John Lewis, who normally deal impeccably with this sort of thing.

Hackney

7,437 posts

238 months

Tuesday 12th May 2015
quotequote all
littleredrooster said:
Yep - with very few exceptions, your contract is with the retailer not the manufacturer. They must honour their obligations under the law. They weren't bought from a demonstrator/franchisee within JL, were they?
Unless you bought them from a GHD concession in John Lewis.
Check the receipt.

littleredrooster

6,412 posts

226 months

Tuesday 12th May 2015
quotequote all
Hackney said:
littleredrooster said:
...They weren't bought from a demonstrator/franchisee within JL, were they?
Unless you bought them from a GHD concession in John Lewis.
Check the receipt.
Can't beat repeating the same thing, I suppose...

justanother5tar

1,314 posts

155 months

Tuesday 12th May 2015
quotequote all
Just contact GHD. They had my OH a new pair out within a few days.

Pip1968

Original Poster:

1,400 posts

234 months

Tuesday 12th May 2015
quotequote all
JL is indeed the never knowingly........lot and as said usually very good people to deal with. Personally if I had bought them I would have flung them at the assistamnt and then just written a letter of complaint. I certainly do not expect to spend over a hundred pounds on some sh#t like that to have to send it off myself. Luckily perhaps I did not buy them. Do JL have concessions - ???

If it is so easy the shop should sort it which would leave my wife with another pair to use for the two/three/four or five days it apparently takes to get them back.

So for the experts on here are we saying that JL cannot write themselves out of any contract with the consumer apon purchase. Surely if they do you should be notified on purchase.

Pip

ALawson

8,055 posts

281 months

Tuesday 12th May 2015
quotequote all
I am no expert but I would expect JL to either replace or refund at 5 months old.

There whole warranty process appears to loosing the copper bottomed approach they were so well known for.

FIL has now had three screens replaced on a 6 month old Samsung (free 5 year warranty), and was told the replacement screens were only covered for 6 months!

Not withstanding the fact GHD are good and will replace them, that's not the point.

CarlosFandango11

1,993 posts

216 months

Tuesday 12th May 2015
quotequote all
Sale Of Goods Act 1979:
http://www.which.co.uk/consumer-rights/regulation/...

Go back to the retailer.

Hackney

7,437 posts

238 months

Tuesday 12th May 2015
quotequote all
littleredrooster said:
Hackney said:
littleredrooster said:
...They weren't bought from a demonstrator/franchisee within JL, were they?
Unless you bought them from a GHD concession in John Lewis.
Check the receipt.
Can't beat repeating the same thing, I suppose...
Cant beat re.... oh, sorry.
I have a splitting headache, my excuse and sticking to it.

Sorry.

jbsportstech

5,069 posts

209 months

Tuesday 12th May 2015
quotequote all
Missus has them have dealt with ghd about 2 years old couldn't find receipt called ghd and they said yea they would of been sold about 2 years ago and tried to back out of warranty which is fair enough however mk4s turned out to have s known issue with the rotating flex on the end failing and after I pointed this out and started getting funny and saying you know they are prone to failure and they gave in I sent hers back and they replaced them with another set of the same mk4s. These are now 2-3 years old and all fine except the on off switch goes stiff sometime.

The first set I got of the original ones that started the craze lasted 6-7 years no problems.

It's like anything start of making good kit them start cutting corners to drive down production.

Edited by jbsportstech on Tuesday 12th May 21:23

LaurasOtherHalf

21,429 posts

226 months

Tuesday 12th May 2015
quotequote all
CarlosFandango11 said:
Sale Of Goods Act 1979:
http://www.which.co.uk/consumer-rights/regulation/...

Go back to the retailer.
If you're going to quote the law, please read the bloomin' thing first

sale of goods act said:
To get a refund on a faulty item, you need to reject it and return it within a reasonable time after purchase - usually three to four weeks.

Returning faulty goods

If you buy a product that turns out to be faulty, you can choose to reject it which means you can give it back and get a refund.
But, the law only gives you a reasonable time to do this – what's reasonable depends on the product and how obvious the fault is.
However, even with major purchases or complex items, it’s safest to work on the basis you usually have no more than three to four weeks from when you receive it to reject it.
Getting faulty goods replaced or repaired

You have the right to get faulty goods replaced or repaired if it's too late to reject them. You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'.
If the seller doesn't do this, you're entitled to claim either:
• a reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called recision)
If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.

Proving your claim for faulty goods

If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear.
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.
For example, by showing that the problem was caused by an external factor such as accidental damage.
Therefore, the retailer is quite within their ooman rites to choose to send the faulty goods back to manufacturer for repair or replacement.

They may however choose to kick the arse of the OP out the shop the moment he acts the internet hard man and throws the afore mentioned straightening irons at the sales assistant wink
Pip1968 said:
Personally if I had bought them I would have flung them at the assistamnt and then just written a letter of complaint. I certainly do not expect to spend over a hundred pounds on some sh#t like that to have to send it off myself. Luckily perhaps I did not buy them.

Pip
Edited by LaurasOtherHalf on Tuesday 12th May 22:28

Alucidnation

16,810 posts

200 months

Tuesday 12th May 2015
quotequote all
John Lewis CS is slowly in decline in my experience.

CarlosFandango11

1,993 posts

216 months

Tuesday 12th May 2015
quotequote all
LaurasOtherHalf said:
CarlosFandango11 said:
Sale Of Goods Act 1979:
http://www.which.co.uk/consumer-rights/regulation/...

Go back to the retailer.
If you're going to quote the law, please read the bloomin' thing first

sale of goods act said:
To get a refund on a faulty item, you need to reject it and return it within a reasonable time after purchase - usually three to four weeks.

Returning faulty goods

If you buy a product that turns out to be faulty, you can choose to reject it which means you can give it back and get a refund.
But, the law only gives you a reasonable time to do this – what's reasonable depends on the product and how obvious the fault is.
However, even with major purchases or complex items, it’s safest to work on the basis you usually have no more than three to four weeks from when you receive it to reject it.
Getting faulty goods replaced or repaired

You have the right to get faulty goods replaced or repaired if it's too late to reject them. You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'.
If the seller doesn't do this, you're entitled to claim either:
• a reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called recision)
If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.

Proving your claim for faulty goods

If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear.
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.
For example, by showing that the problem was caused by an external factor such as accidental damage.
Therefore, the retailer is quite within their ooman rites to choose to send the faulty goods back to manufacturer for repair or replacement.

They may however choose to kick the arse of the OP out the shop the moment he acts the internet hard man and throws the afore mentioned straightening irons at the sales assistant wink
Pip1968 said:
Personally if I had bought them I would have flung them at the assistamnt and then just written a letter of complaint. I certainly do not expect to spend over a hundred pounds on some sh#t like that to have to send it off myself. Luckily perhaps I did not buy them.

Pip
Edited by LaurasOtherHalf on Tuesday 12th May 22:28
Not sure what point that you're trying to make. You don't seem to have read the thread though - the OP is trying to establish if the retailer has any legal responsibility to deal with some faulty goods.

As you point out, the SOGA states that the retailer has a responsibility to replace/repair faulty goods, so the OP can get the retailer to repair/replace the faulty goods, which is what the OP wishes to know.

LaurasOtherHalf

21,429 posts

226 months

Tuesday 12th May 2015
quotequote all
CarlosFandango11 said:
LaurasOtherHalf said:
CarlosFandango11 said:
Sale Of Goods Act 1979:
http://www.which.co.uk/consumer-rights/regulation/...

Go back to the retailer.
If you're going to quote the law, please read the bloomin' thing first

sale of goods act said:
To get a refund on a faulty item, you need to reject it and return it within a reasonable time after purchase - usually three to four weeks.

Returning faulty goods

If you buy a product that turns out to be faulty, you can choose to reject it which means you can give it back and get a refund.
But, the law only gives you a reasonable time to do this – what's reasonable depends on the product and how obvious the fault is.
However, even with major purchases or complex items, it’s safest to work on the basis you usually have no more than three to four weeks from when you receive it to reject it.
Getting faulty goods replaced or repaired

You have the right to get faulty goods replaced or repaired if it's too late to reject them. You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'.
If the seller doesn't do this, you're entitled to claim either:
• a reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called recision)
If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.

Proving your claim for faulty goods

If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear.
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.
For example, by showing that the problem was caused by an external factor such as accidental damage.
Therefore, the retailer is quite within their ooman rites to choose to send the faulty goods back to manufacturer for repair or replacement.

They may however choose to kick the arse of the OP out the shop the moment he acts the internet hard man and throws the afore mentioned straightening irons at the sales assistant wink
Pip1968 said:
Personally if I had bought them I would have flung them at the assistamnt and then just written a letter of complaint. I certainly do not expect to spend over a hundred pounds on some sh#t like that to have to send it off myself. Luckily perhaps I did not buy them.

Pip
Edited by LaurasOtherHalf on Tuesday 12th May 22:28
Not sure what point that you're trying to make. You don't seem to have read the thread though - the OP is trying to establish if the retailer has any legal responsibility to deal with some faulty goods.

As you point out, the SOGA states that the retailer has a responsibility to replace/repair faulty goods, so the OP can get the retailer to repair/replace the faulty goods, which is what the OP wishes to know.
I figured my bolding the relevant parts of the SOGA made the point quite well. To surmise;

The retailer absolutely does not have a responsibility to replace or repair depending on the circumstance.
It is up to the consumer to prove the goods were not fit for purpose or the fault was present at sale.
If the consumer thinks they can prove so, they are able to take the retailer to court to resolve in their favour.

So in short, if you don't have undeniable proof that you haven't knackered the goods yourself and that it wasn't knackered when you bought it you better hope the retailer is the nice type who will spend their time sorting things out on your behalf. That or you're happy going to court every time for every blown fuse you encounter.

Otherwise, take it up with the manufacturer for a simple resolution.

We really ought to have a sticky for this thing.

LaurasOtherHalf

21,429 posts

226 months

Tuesday 12th May 2015
quotequote all
Just for clarification Carlos (great username by the way), we (me or you) nor John Lewis have any idea how the OP's wife has treated her electrical goods-he may have (pretended) to throw them at many (pretend) shop assistants over the 5 months she has had them, let alone the care she has taken with them herself. I'll dismiss it as circumstantial the anecdote that over 8 years of selling this particular item I have had only 1 returned as faulty.

So, it's up to him to prove they were faulty or not fit for purpose, which as the SOGA says is way past the deadline after five months for claiming fault.

So it's down to two things;

1a They were faulty from manufacture
Or
1b They have been knackered by some ham fisted mrs.

If he doesn't want to go to court, he has two options;

2a Hope the retailer will sort it out to further customer relations
Or
2b Hope the manufacturer will fix to further customer relations.

If we ignore the OPs crappy attitude, I reckon under personal experience 2b is the best option as long as there is no evidence of a ham fisted mrs chucking them at poor shop assistants.

But who knows? The OP might have been using them to tack nails on his new roof for all we know, all I know is unless he can show he hasn't been doing that he can't demand the retailer give him a new pair for free.

smile

wolves_wanderer

12,959 posts

267 months

Wednesday 13th May 2015
quotequote all
Pip1968 said:
If it is so easy the shop should sort it which would leave my wife with another pair to use for the two/three/four or five days it apparently takes to get them back.
Are you suggesting that the shop should have a pair of courtesy straightners to supply to your wife?

mr mac i

274 posts

213 months

Wednesday 13th May 2015
quotequote all
If quoting legislation you should always make sure you read it all and bold the pertinent part:

"If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.
For example, by showing that the problem was caused by an external factor such as accidental damage."

As the OP states (possibly in an update) the product was bought 5 months ago this applies.

Red Devil

13,527 posts

238 months

Wednesday 13th May 2015
quotequote all
LaurasOtherHalf said:
CarlosFandango11 said:
Sale Of Goods Act 1979:
http://www.which.co.uk/consumer-rights/regulation/...

Go back to the retailer.
If you're going to quote the law, please read the bloomin' thing first

sale of goods act said:
To get a refund on a faulty item, you need to reject it and return it within a reasonable time after purchase - usually three to four weeks.

Returning faulty goods

If you buy a product that turns out to be faulty, you can choose to reject it which means you can give it back and get a refund.
But, the law only gives you a reasonable time to do this – what's reasonable depends on the product and how obvious the fault is.
However, even with major purchases or complex items, it’s safest to work on the basis you usually have no more than three to four weeks from when you receive it to reject it.
Getting faulty goods replaced or repaired

You have the right to get faulty goods replaced or repaired if it's too late to reject them. You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'.
If the seller doesn't do this, you're entitled to claim either:
• a reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called recision)
If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.

Proving your claim for faulty goods

If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something which was the result of normal wear and tear.
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.
For example, by showing that the problem was caused by an external factor such as accidental damage.
Therefore, the retailer is quite within their ooman rites to choose to send the faulty goods back to manufacturer for repair or replacement.
The OP's original question was whether the retailer could palm him off to the manufacturer. The answer is no. His contract is with the former, not the latter. What the retailer does vis-a-vis the manufacturer is of no concern to him.

Also, if you're going to take someone to task over legislation you really should keep up to date and look at the primary, rather than a secondary, source. SOGA 1979 was amended by the The Sale and Supply of Goods to Consumers Regulations 2002 whereby any defect occurring within the first 6 months is deemed to have existed from the delivery of the goods to the consumer. It is for the seller to prove otherwise. http://www.legislation.gov.uk/uksi/2002/3045/regul...

So your subsequent post:

LaurasOtherHalf said:
So, it's up to him to prove they were faulty or not fit for purpose, which as the SOGA says is way past the deadline after five months for claiming fault.
is incorrect.

JL (or any in-store concession which may be involved) hasn't got a leg to stand on in trying to evade its legal responsibilities by referring the OP to the manufacturer. I'm amazed that they are trying it on.