On 27/01/2013 19:20, Onetap wrote:
On Friday, January 25, 2013 10:13:20 PM UTC, Rick Hughes wrote:

I did try this, they just replied they met their legal obligations by

issuing a credit note with T&Cs printed on it.

Aye; but the T&Cs have to be made known to you before you agree to the contract/accepting a credit note. Handing you the T&Cs on the credit note is a fail; the contract has already been made.

Did they tell you of the T&Cs before? If not, then they don't apply. Amateurs.


I have now sent another mail to them mail to them ....

The gist of which is:
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"In any event as the goods were not fit for purpose (the reason for
return) then under the sale of goods 1979 - I can insist on a refund
(I would accept a Credit note you would honour)


If I do not receive satisfactory result from yourself I will sue through
the Small Claims Court and that this will entail you having to pay court
costs on top of the money you will have to refund to you.


It is clear case in Law that your representative (Store Manager) should
have clearly explained the time limit, not wait for me to find out when
I present it.

A contract was formed when I agreed to accept a credit note.
You didn't tell you about the terms and conditions before I agreed to
take the credit note, therefore the conditions do not apply.

It is clear case in Law that you cannot impose conditions after the
agreement/ contract/bargain has been made.
Your comment that the expiry date is printed on the credit note is
invalid in Law; I could not have read that until I had received it,
which is after you had entered into the contract.


I trust that you will find it simpler and good customer service to
honour the credit note or issue a refund.
Plus keep me as a long standing customer. "

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.... lets see what they come back with