Refund difficulty

[gib6933]

I could do with some help knowing where i stand with this, or some advice please.

I bought a GHD IV styler (hair straighteners) 23 days ago from my hairdressers.
Last week they broke while I was away, today I have been back to my hairdressers to get a refund. No luck, i was told that they cant refund me as its an electrical item and they can't do a refund on used electrical goods.

They offered to give me another styler i said no. They say i will have to get a refund from GHD. So they are going to send ghd my styler and report back to me on monday.

This all sounds like a bit of a con to me?

I am about to send GHD an email telling them my experence, and also in the hopes to log my complaint and return with in my 28 days.

Edited by gib6933 on Saturday 19th September 15:37

[E31Shrew]

Your contract is with the retailer, and as such they are obliged to offer you a like for like replacement, as long as the fault wasn't incurred by self inflicted damage!
With all TVs we sell there is a FAN [Faulty as new] clause from the manufacturers so they replace without question within 28 days.

[paddyhasneeds]

Your contract is with the retailer not the manufacturer.

I'm not sure it actually says in law what the period is in which they should give you a refund, and if they don't you have little choice but take them to court/get trading standards involved, but broadly speaking 28 days seems to be the norm.

They do have to "make right" and offer a repair/replacement.

[gib6933]

In any outcome I think I shall be looking for a new hairdresser, in fear of having all my hair cut off next time.

[bigandclever]

gib6933 said:

They offered to give me another styler i said no.

Why not? Though I am assuming it's a like for like replacement.

[gib6933]

I went out the day they broke and got another set like a moron.

This all happened on the second day day of a trip.

I'm a bloke, its a gadget so I was not using my head at the time.
(OK a girly gadget)

[Timsta]

Just checking.....

You're a bloke with a GHD? If you say so.

[rocksteadyeddie]

Timsta said:

Just checking.....

You're a bloke with a GHD? If you say so.

Sounds like a Ghey Hair Disaster

[MrsMiggins]

Tell them you want a refund. If they say no, contact the local Trading Standards office.

[Olf]

Take no notice of me - just monitoring proceedings.






Guarded...

Edited by Olf on Saturday 19th September 19:03

[Jasandjules]

If the product is faulty (within the timeframe you have specified) they are required under the Sale of Goods Act to replace or repair it. They have, in essence, breached the contract of sale. They are required to rectify that breach.

[The Fly Fisher]

Jasandjules said:

If the product is faulty (within the timeframe you have specified) they are required under the Sale of Goods Act to replace or repair it. They have, in essence, breached the contract of sale. They are required to rectify that breach.

Spot on - the Sale of Goods Act states that if the goods are "not fit for the purpose intended" then they must offer you a replacement or refund. Quote that and threaten to take the issue to the small claims court, if need be. That'll do the trick.

[bigandclever]

The Fly Fisher said:

Jasandjules said:

...they are required under the Sale of Goods Act to replace or repair it...

...they must offer you a replacement or refund...

Not trying to be contentious, but how does the "or" part work here - a replacement was offered but was refused. Does this mean the refund part is no longer an option that the retailer has to offer? I doubt it, just checking.

[The Fly Fisher]

bigandclever said:

The Fly Fisher said:

Jasandjules said:

...they are required under the Sale of Goods Act to replace or repair it...

...they must offer you a replacement or refund...

Not trying to be contentious, but how does the "or" part work here - a replacement was offered but was refused. Does this mean the refund part is no longer an option that the retailer has to offer? I doubt it, just checking.

Good question and I'm not 100% sure but I think they are obliged to offer you either refund or replacement rather than both, but surely they'd at least offer vouchers if not cash refund? If you need advice maybe best to speak to Trading Standards or Citizens Advice. I remember that line from a brief study of contract law many moons ago.

[esselte]

The Fly Fisher said:

Jasandjules said:

If the product is faulty (within the timeframe you have specified) they are required under the Sale of Goods Act to replace or repair it. They have, in essence, breached the contract of sale. They are required to rectify that breach.

Spot on - the Sale of Goods Act states that if the goods are "not fit for the purpose intended" then they must offer you a replacement or refund. Quote that and threaten to take the issue to the small claims court, if need be. That'll do the trick.

They did offer a replacement.....

OP said:

They offered to give me another styler i said no

Edited by esselte on Saturday 19th September 20:16

[Jasandjules]

bigandclever said:

Does this mean the refund part is no longer an option that the retailer has to offer? I doubt it, just checking.

The Refund OR Replacement is at the choice of the retailer I am afraid, therefore in the OP's case (which I missed, that'll teach me to surf and try and watch TV at the same time), he would be obligated to take a replacement from the seller.

[Mojooo]

you can reject the goods within a 'reasonable time' - up to the courts to decide - and get a refund.

Failing that a repair or replacement, whichever is most economically viable. Which is what it sounds like you got.

Edited by Mojooo on Sunday 20th September 02:43

[Mrs Cuchillo]

Take the replacement, sell them on Fleabay as they are BNIB?