#6217306, By Gradius Sports Direct - broke the Sale of Goods Act

  • Gradius 1 Jun 2010 12:13:35 2,303 posts
    Seen 6 hours ago
    Registered 10 years ago
    GloatingSwine wrote:
    Gradius wrote:
    Nope. If the product is faulty they must give a refund if that is what the customer requests.



    The actual Sale of Goods Act, section 48C sets out the conditions under which the buyer can rescind the sales contract. you can only require recission of the sales contract (a refund) if both repair and replacement are impossible, or if they have been attempted and not provided within a reasonable period.

    In the case of the OP, repairing a T Shirt to as new condition is clearly not possible, but if the store had an adequate replacement (another Liverpool shirt in good condition) they could have legally offered that as a replacement. Since the shirt has been worn, it can be deemed to have been accepted (an action inconsistent with the ownership of the seller), section 48D (rejecting the goods) would not apply (which is why clothing stores will usually only offer an immediate refund on unworn items).

    Nevertheless, by offering the refund in store credit they have still offered an acceptable remedy.

    hmm, well ConsumerDirect (a gov funded info service) disagrees with what you say. I must admit I can't make heads nor tales of your link, it's complex and I don't have time to go through it and actually understand it right now, I will later though just out of my own curiosity.

    From ConsumerDirect:

    If goods are faulty and you wish to claim a full refund you must return the goods to the seller within a reasonable period of time, this time period is not set out by the law as it will vary depending on what has been purchased and the circumstances of the sale. For instance you may buy a pair of shoes and wear them the next day, and realise they are faulty and return them within a week for a refund.


    Edit - Perhaps you're not taking into account the amendments to the act? Sale of Goods Act 1979 (as amended by The Sale and Supply of Goods Act 1994 and The Sale and Supply of Goods to Consumers Regulations 2002), etc?
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