On 21/08/2013 16:39, mike wrote:
On Monday, January 21, 2013 8:01:36 PM UTC, Rick Hughes wrote:
I bought an item from Machine Mart (magnifier & Fl light) it was

useless, quality of magnifier lens was so poor everything was out of focus.



Took it back the next day ... as I had 'opened the box' would only give

Credit Note.

Replying to the older thread as this is where you mentioned the original circumstances.

Just looking at the SOGA on Trading Standards website and saw this:

http://sogahub.tradingstandards.gov.uk/sogaexplained

"Customers do have a legal right to a refund, repair or replacement if an item they purchased

- does not match the description
- is not of satisfactory quality
- is not fit for purpose ."

"You cannot remove a customer's legal rights, for example by displaying a notice saying 'we do not give refunds under any circumstances' or 'credit notes only in the case of faulty items'.

It is also against the law to mislead consumers about their legal rights - this could lead to a criminal prosecution under the Consumer Protection from Unfair Trading Regulations 2008."

I think someone mentioned that you'd effectively played into their hands by accepting the credit note, and on the basis that "ignorance of the law is no excuse" that might seem true.

But since they used the "opened the box" excuse to refuse a refund, aren't they liable to criminal prosecution?



I tried that, but Machine Mart head office said they issued Credit Note
as I no longer wanted the item.
Whereas I took it back as unfit for purpose ....

Unfortunately no proof, the judge ruled that as I had accepted the
Credit Note, then that was the end of my rights to a refund.

He did clearly say that if I had pushed issue at time and insisted on
refund they by Law should have provide such.

There is no 'duty of care' on Machine mart to inform me of my rights.


I asked about description not matching item, again he would not change -
the fact I accepted the Credit Note, meant I accepted all the t&c's that
go with them, irrespective of whether I read then or not.