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Tesco don't want people to know about the Sale of goods Act

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Tesco don't want people to know about the Sale of goods Act

Whilst reading the reviews on Tesco site for the Hudl2 I saw this one:
" I purchased my Hudl at the end of January and it has not even given me 3 months use before packing up. I would have expected a replacement, but I am told that I must go through the procedure of having it repaired (that is if it can be repaired) which could take a number of weeks. A very unhappy customer "
So I tried (notice - tried) to add a comment :
"IF it's not accidental damage, but a product flaw then you should be covered under the sale of goods act! A product had to be of reasonable quality and last a reasonable length of time. Get advice from the citizens advice bureau or one of the many online consumer advice sites (who will tell you to contact the CAB)."
I then received this email from Tesco and, surprise surprise, they are not permitting my comment on their site:
" Our staff has read your comment and values your contribution even though it did not meet all our website guidelines. Thanks for sharing, and we hope to publish next time! "
I shared a link in one of my earlier topics about a book i had read describing the Hong Kong business of hiring companies to give your company/products  a good review and destroy your competition with fake bad reviews.  It seems that Tesco may be 'manipulating' their reviews to achieve a great rating.
I have checked the website guidelines and can't see where i have contravened any rules unless they are using 'lateral interpretation'. Angry
25 REPLIES
Community Veteran
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Re: Tesco don't want people to know about the Sale of goods Act

Under the Sale of Goods Act you are entitled to repair OR replacement and it is up to the retailer to decide which.
The only time you can demand a replacement is if the repair will take an unreasonable time (as far as I know that isn't defined)
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Re: Tesco don't want people to know about the Sale of goods Act

Ok, I misunderstood.  I believed there was a period when it was reasonable to expect a replacement or refund if a product was not of merchantable quality, ie does not work for a reasonable period of time. I know there can be a deduction for use - betterment.
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Re: Tesco don't want people to know about the Sale of goods Act

OK.. you guys....
from this linky....  http://blog.moneysavingexpert.com/2011/07/04/this-does-not-affect-your-statutory-rights-what-it-real...
Quote

Your statutory rights. When goods are faulty many staff wrongly think their returns policies still rule, but here THE LAW takes over.  All goods must obey the Sale of Goods Act 1979, which, for memory ease, I call the SAD FART rules. All goods must be of … Satisfactory quality, As Described, Fit for purpose, And last a Reasonable length of Time. If not, they’re legally faulty- return them quickly enough and you’ve a legal right to a FULL refund (for a full explanation of all the minutiae of this see the full Consumer Right) guide.


my bold ....
Worth reading all of the page... and probably some of his links too....
on this linky....... http://blog.moneysavingexpert.com/2010/12/13/the-eu-goods-must-last-a-minimum-two-years-rule-is-a-my...;
a bit more detail......
Quote

What actually counts is what the legal definition of faulty is. The key is, at the time of purchase, goods must obey what I call the SAD FART rules, i.e. be of “Satisfactory quality, As Described, Fit for purpose And last a Reasonable Time” – if not, they are legally faulty (see full Consumer Rights guide for detailed explanation).
With faulty goods, there are then FOUR critical time limits. 
1. Four-ish weeks. Return them before this and you should get a full refund – this is basically the time before which you are not deemed to have ‘accepted’ the goods.
2. Six months. Here it’s for the retailer to prove they weren’t faulty when bought, after that you must prove they were. 
3. Six years. This is how long you’ve got to take a complaint to court.
The final time limit is the ‘must last a reasonable time bit’ and here the word ‘reasonable’ has a common sense definition.
Most would say it’s not reasonable for a £1,000 plasma telly to break after six months, but it is for a 20p plastic torch. Of course the difficulty is if the retailer (your complaint is always with the retailer) disagrees, your only recourse is to court.


Of course...you can also check out the "official page" by searching google for Sale of Goods act 1979  and dig out the relevant passages...

alanf
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Re: Tesco don't want people to know about the Sale of goods Act

"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."
http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act
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Re: Tesco don't want people to know about the Sale of goods Act

Just thought I'd share this, but no doubt others have had similar.
Back in May of last year I bought a refurbished Nexus 7 from a seller on Amazon that was fulfilled by Amazon. Last month I noticed it wasn't holding the charge longer than a few days so I tried to contact the seller via the Amazon site. According to the site I dad to wait up to 72 hours for a reply, this I did and more in fact, but with no reply. So I then contacted Amazon directly, and within one hour they had authorised a full refund and free post address to which I had to return the Nexus to.
To say I was impressed was an understatement, so to return their efficiency I got the Nexus sent off to them the same day (it was second class RM), but their refund still made it to my bank before I got acknowledgement of their receipt of the Nexus.
Marksfish
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Re: Tesco don't want people to know about the Sale of goods Act

I believe it is repair or replacement within the first 6 months and a refund within 28 days.
If claiming for something outside the manufacturer's warranty period, you have to take it up with the seller. You are able to ask for them to repair the goods, so long as it isn't wear and tear. I had to take Comet to court twice when a TV developed a fault (first time after 13 months ans second time 12 months later for the same fault) and they wouldn't take responsibility. I had the TV repaired myself and pursued them for the cost. They settled out of court once the summons was issued.
I know it is nothing to do with Tesco, and it was a few years ago, but the law doe work for the small person sometimes  Smiley
Mark
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Re: Tesco don't want people to know about the Sale of goods Act

Comet were notorious for flouting the SoG.
Considering the amount of money they made on selling their near-useless product covers it wasn't really surprising.

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Re: Tesco don't want people to know about the Sale of goods Act

Quote from: Oldjim
Under the Sale of Goods Act you are entitled to repair OR replacement and it is up to the retailer to decide which.
The only time you can demand a replacement is if the repair will take an unreasonable time (as far as I know that isn't defined)

This protection is being further enhanced from 1 Oct - http://www.lawgazette.co.uk/law/practice-points/consumer-rights-bill-all-change/5047571.fullarticle and http://discuss.bis.gov.uk/consumerrightsbill/what-are-my-rights-under-the-draft-bill-when-acquiring-...
You will be able to receive a refund or price discount if a good is faulty and the retailer either fails to repair the fault after the first attempt or a new fault occurs after repairing a fault.
The other difference will be that you can ask for a refund/replacement within 30 days of receiving the goods, if the goods are not of satisfactory quality/fit for purpose or they do not meet your expectations.
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Re: Tesco don't want people to know about the Sale of goods Act

SWMBO recently purchased an iPad from John Lewis with a free 3 year guarantee,  3weeks later it failed to switch on despite trying the ideas suggested on various web forums.
Contacted JW who sent out a new iPad and collected the old one at their expense, however on checking our bank statement what they had done was to charge us for a new iPad  and one week later refund our  money for the old iPad, fortunately we had enough in our account to cover it .
I Wonder if this is common practice ?
alanf
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Re: Tesco don't want people to know about the Sale of goods Act

Provided that one knows, and agrees, that  this is what is going to happen this is a better policy.  The guarantees should be reset in line with the date of the "new" purchase. Presumably, with a repair / replacement, guarantees' expiries  are based on the original purchase date.  However, if one is unaware and keeps a balance in ones bank account in line with expected expenses this policy is a very bad thing - especially with an expensive item.
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Re: Tesco don't want people to know about the Sale of goods Act

@OldJim you mention a reasonable time for repair but doris did mention that the repair could take weeks. This IMO is unreasonable. If I were to get a TV engineer to come and fix the telly, the odds are that most times he would be able to do so on the spot unless he needed to order a part which would take a few days to get from the distributors. I wouldn't expect to be waiting for weeks to use a TV that is just three months old!
I once wrote a very indepth review of a HP printer on the tesco website it not only contained praise but also the bad points but Tesco also decided that my review was not helpful to other customers and like you doris, they declined to publish it. Oddly despite the thing being unreliable it continued to have a 5 star rating  Crazy We took it back to Tesco and they then put up a fight about refunding it too - again doing the usual hostile towards the customer act that they've become so good at while thinking they are untouchable.
Quote from: Mav
Comet were notorious for flouting the SoG.

And they paid the price and went bust for it. Tesco are now in the poop having revealed financial difficulties to the tune of £6.8bn last week. They set the impression that they are raking it in and very successful but they've grown too quickly and used too much finance to do so while then thinking that they can treat customers like dirt. Now they are paying the price for it. The bigger they are, the harder they fall.
Personally, I would like to see Tesco drastically downsize themselves. When they were a smaller company they were much friendlier however over the recent years their attitude has not been a very polite one every time i've had dealings with them.
Comet once tried to screw us over too, we bought an appliance in December and they assured us that it would not be reduced in the January sales. Come January, it was down by £60!  Angry I was absoloutely livid and went up there absolutely steaming. They did give us back the difference but we decided never to use them again if we could avoid it. We did end up buying a TV from them when our old one packed up but that was somewhat of an emergency and they never got any extended warranty money out of us (the salesman was almost steaming with anger  Cheesy)
@gleneagles you should complain. What they have done is not give you a replacement but sell you a new one and then only refunded you on the old one when they agreed it was defective. This is not what a warranty is for. It doesn't matter how sweet they try to make it sound, the simple matter is that they performed an unauthorised transaction.
I need a new signature... i'm bored of the old one!
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Re: Tesco don't want people to know about the Sale of goods Act

Quote from: 7up
@OldJim you mention a reasonable time for repair but doris did mention that the repair could take weeks. This IMO is unreasonable. If I were to get a TV engineer to come and fix the telly, the odds are that most times he would be able to do so on the spot unless he needed to order a part which would take a few days to get from the distributors. I wouldn't expect to be waiting for weeks to use a TV that is just three months old!

I had a TV repaired by one of John Lewis' contractors and that took a couple of weeks. They had to order a new LCD panel from Samsung which took about 10 days.
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Re: Tesco don't want people to know about the Sale of goods Act

Quote from: 7up
@gleneagles you should complain. What they have done is not give you a replacement but sell you a new one and then only refunded you on the old one when they agreed it was defective. This is not what a warranty is for. It doesn't matter how sweet they try to make it sound, the simple matter is that they performed an unauthorised transaction.

Yes, I agree, that's not the way to honour a warranty. I bought an iPad Air 2 from John Lewis back on the16th of April, and to be honest I'd be pi**ed if they took 500 quid off my card in the event of a warranty claim. Imagine if that logic applied to a new car!
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Re: Tesco don't want people to know about the Sale of goods Act

Quote from: 7up
We did end up buying a TV from them when our old one packed up but that was somewhat of an emergency and they never got any extended warranty money out of us (the salesman was almost steaming with anger  Cheesy)

I had many arguments with the manager at Comet when I worked there as I refused to push the extended warranties. I'd offer it, the customer would generally refuse and I said 'fine'.
When these warranties are being pushed on to me I let them know my contents insurance covers accidental damage and the SoG for most other issues. I remember around 20 years ago, when I bought a video camera from Comet, being told that if the pull-out viewing screen was to break off and the body fell in the river then all I had to do was take what was left into any Comet for a new replacement. Yeah, right!

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