1. If you bought an item from a shop, this CAN entitle you to an exchange or refund within 28 days if it goes wrong.
2. EVERYTHING else is the manufacturer's responsibility in terms of replacement or repair. (Although the shop should handle it)
3. If that's not satisfactory, buy an "Extended Warranty" and drop it down the stairs!
Things go wrong... fact..
Though I loathe DSG, they are fulfilling their statutory responsibilities. When I worked there, the only thing I hated more than the company was certain customers who expected the moon on a stick... ie. replacement of something 6 months old because it went faulty.
Legal/Sale of Goods Act route:
SOGA states that goods should last for "a reasonable time" after purchase. This time depends on several things including the cost and nature of the goods and the reason they were acquired. In that period they should be free from inherent faults (etc) and if they are not the onus is on the retailer to rectify it. Available remedies are to repair the goods, replace the goods, or to rescind the contract.
Normally initially the choice of remedy is a repair or replacement and the seller is legally obliged to offer one of these if it is available. If a repair or replacement is uneconomical in relation to the other remedy this is not offerable as an initial remedy - eg if it costs £5 to repair but £500 to replace, then it is not considered reasonable for the buyer to demand replacement of the goods. If a repair offered causes the customer "undue inconvenience" then the customer may request another remedy. A rescission of contract effectively ends the contract resulting in a refund of monies - however this permits reduction of the purchase price to account for any use the buyer has had of the goods, so there is not necessarily an automatic right to a full refund.
Regarding the six month timescale, this concerns if the goods are considered by default to have been faulty when the item was purchased. Within six months, the goods are considered to have been faulty when purchased and unless the retailer can prove that they were not, then they are required to repair / replace etc etc as above. Outside this period an inherent fault is not assumed and it is down to the buyer to prove that the goods were faulty - normally this requires the buyer to get an engineer's report on the goods to prove this.
This can be done for up to six years due to the statute of limitations, outside this period a debt cannot be reclaimed (unless a dispute takes it outside this period). This doesn't mean all goods should last six years, if they have already lasted the "reasonable time".
Warranty route:
A manufacturer may choose to supply a product with a limited warranty for the end user. This is under the terms of the manufacturer and is completely independent from your legal rights under the Sale of Goods Act. The manufacturer can choose what is covered under the warranty and for how long this is, and it is a separate contract between the manufacturer and the end user. A warranty normally covers you against manufacturing defects for the stated period and entitles you to a repair or replacement courtesy of the manufacturer - but this depends on the terms of the warranty, of course. Outside this period you have no contract with the manufacturer and they have no legal obligation to do anything for you.
Now, I'm NOT saying that you didn't speak nicely...but my experience is that if you go in like a bull in an china shop, demanding a brand new item for your faulty, 6-month-old item, then you are unlikely to receive a warm welcome, especially if you don't accept a reasonable explanation and then go "asking for the manager".
I think you make a good point -- things have changed. I noticed this myself when 15 years ago I bought what I thought was a duvet cover in Habitat. When opened it turned out to be a sheet. The pack wasn't labelled as such and I'd served myself from a display of duvet covers.
They tried to charge a restocking fee against the refund as the product had been opened. After some arguing in which he accused me of being "uniquely difficult" the manager reluctantly agreed to a full refund or replacement -- as was clearly his obligation.
I guess he assumed that most customers are so deferential or busy they accept that sort of nonsense and, if someone doesn't, you just tough it out with them.
Unfortunately for him I'd worked in customer relations, so know how a vendor should behave.
I think you need to brush up on the Sale of Goods Act before issuing too much advice.
Whenever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
As I assume the sheet was in no way faulty, in this instance you have to rely on the vendor's goodwill for a refund or exchange if you purchase the wrong item
Comments
1. If you bought an item from a shop, this CAN entitle you to an exchange or refund within 28 days if it goes wrong.
2. EVERYTHING else is the manufacturer's responsibility in terms of replacement or repair. (Although the shop should handle it)
3. If that's not satisfactory, buy an "Extended Warranty" and drop it down the stairs!
Things go wrong... fact..
Though I loathe DSG, they are fulfilling their statutory responsibilities. When I worked there, the only thing I hated more than the company was certain customers who expected the moon on a stick... ie. replacement of something 6 months old because it went faulty.
Legal/Sale of Goods Act route:
SOGA states that goods should last for "a reasonable time" after purchase. This time depends on several things including the cost and nature of the goods and the reason they were acquired. In that period they should be free from inherent faults (etc) and if they are not the onus is on the retailer to rectify it. Available remedies are to repair the goods, replace the goods, or to rescind the contract.
Normally initially the choice of remedy is a repair or replacement and the seller is legally obliged to offer one of these if it is available. If a repair or replacement is uneconomical in relation to the other remedy this is not offerable as an initial remedy - eg if it costs £5 to repair but £500 to replace, then it is not considered reasonable for the buyer to demand replacement of the goods. If a repair offered causes the customer "undue inconvenience" then the customer may request another remedy. A rescission of contract effectively ends the contract resulting in a refund of monies - however this permits reduction of the purchase price to account for any use the buyer has had of the goods, so there is not necessarily an automatic right to a full refund.
Regarding the six month timescale, this concerns if the goods are considered by default to have been faulty when the item was purchased. Within six months, the goods are considered to have been faulty when purchased and unless the retailer can prove that they were not, then they are required to repair / replace etc etc as above. Outside this period an inherent fault is not assumed and it is down to the buyer to prove that the goods were faulty - normally this requires the buyer to get an engineer's report on the goods to prove this.
This can be done for up to six years due to the statute of limitations, outside this period a debt cannot be reclaimed (unless a dispute takes it outside this period). This doesn't mean all goods should last six years, if they have already lasted the "reasonable time".
Warranty route:
A manufacturer may choose to supply a product with a limited warranty for the end user. This is under the terms of the manufacturer and is completely independent from your legal rights under the Sale of Goods Act. The manufacturer can choose what is covered under the warranty and for how long this is, and it is a separate contract between the manufacturer and the end user. A warranty normally covers you against manufacturing defects for the stated period and entitles you to a repair or replacement courtesy of the manufacturer - but this depends on the terms of the warranty, of course. Outside this period you have no contract with the manufacturer and they have no legal obligation to do anything for you.
I think you need to brush up on the Sale of Goods Act before issuing too much advice.
Whenever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
As I assume the sheet was in no way faulty, in this instance you have to rely on the vendor's goodwill for a refund or exchange if you purchase the wrong item