Selco - Return of an item within 28 days **WON FULL REFUND**

[bluebare]

Hi

 

On 22nd August 2013 a Bosch electric plane was purchased from Selco Builders Warehouse.

 

On the second time of use smoke and sparks erupted from the unit, plus it would intermittently turn on and off.

 

As the plane was needed urgently for a job another plane had to be purchased.

 

The faulty plane was taken back to Selco a week later and within the four week period outlined under Selco's T&C's return policy with a request for a full refund as the unit was clearly faulty.

 

The staff member spoken to and eventually the manager told me that a refund could only be made if the item was returned in an unused state in unopened packaging.

 

I was shown a copy of their terms and conditions stating this and told that they could have the plane sent back to Bosch and repaired free of charge.

I stated that as the unit was faulty and that I had had to purchase another plane I didn't want this.

The manager said that the plane would be needed to be sent back to Bosch anyway to see if there was a manufacturer's fault or the problem was caused through misuse.

 

They described misuse as not using the plane as per the manufacturer's instructions or electrically overloading the motor.

 

Now my partner is a builder with 30 years experience in the trade, he knows how to correctly and safely operate electric hand tools!

 

Upon Bosch's report a they would then contact me regarding a refund.

 

Yesterday I received a phone call informing me that the plane had been repaired by Bosch and was ready for collection.

Back instore we were told that Bosch had found grit in the brushes of the electric motor,

that they had replaced the brushes and it was now working correctly.

Selco would not in this case give a refund.

 

Now the second plane purchased from a different trader which is also the same make and model operates reasonably quietly,

whereas the repaired plane is much noisier and there is a noticeable vibration from the motor.

 

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In our view the original plane was used correctly in the way it was intended and any fault was not down to my partner's misuse

but due to either a fault during the manufacture of the product or a fault inherent in the design

- electric planes kick up a lot of dust!!

 

We feel that Selco are avoiding their responsibilities under the Sale of Goods Act 1979 by not according us our rights under this act to return an item for full refund,

citing the item as not fit for purpose and of a satisfactory quality,

by citing their own T&C's which offer less protection for the consumer than that enshrined in the act

(a copy of the relevant section of Selco's T&C's is attached).

 

We aim to bypass any further complaint to the store and lodge a formal complaint with Selco's Head Office.

 

Any advice from Caggers would be gratefully appreciated as to whether we have the right to demand a full refund from Selco quoting the relevant section of the SOGA.

[dx100uk]

sadly there is no automatic right of a refund under soga .

 

dx

[Conniff]

You only have consumer rights if the goods were purchased and used by a consumer. If that is the case, then during the first six months it is up to the seller to show there is 'no' inherent fault with the goods.

 

Can you find any reports on line of others having trouble with this particular plane? if so, then that will increase the strength of your claim for a refund.

 

You can send the plane to an expert laboratory for examination (which will cost) and if they find in your favour then you can take that to the seller and demand a refund plus the cost of the expert report plus damages.

 

Life's never easy if the seller says all is ok and wont budge, that leaves all the work up to you and to reclaim back all your costs when you are done.

[bluebare]

Many thanks dx and Conniff for your replies. We emailed Selco this morning through their complaints procedure mentioning SOGA and got an email back soon after requesting that we returned the plane to the store manager who would give us a full refund.

 

I was half expecting the refund to be in the form of a voucher, which would have been fine, but as it happened we got cash to the full amount of £112.

 

Result and well done Selco.

[Conniff]

That's good news. He obviously wasn't up to going through the motions and bother of trying to fight the regulations which would probably have needed the help of a solicitor so costing more than the profit he lost on this one item. He can sell it as used/returned and sell it at cost price so wont lose anything. He took the sensible root.

 

He obviously was conversant with the SOGA or it wouldn't have said the T&C do not affect your statutory rights.

[dx100uk]

well done.

 

nice to see a company putting the consumer first, rather than profit.

 

dx