What are my rights

Discussion in 'Off-Topic Discussion' started by Nat75, Dec 11, 2009.

  1. Nat75

    Nat75 Gardener

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    I ordered a bed online which came today, They have messed us about with the delivery already, now it's come it's the wrong colour:( I ordered a lighter oak colour, this is very dark :mad:
    As it's not what I ordered do they have to change it?
     
  2. Doghouse Riley

    Doghouse Riley Head Gardener

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    Of course they do, as long as you've documentary evidence of what you ordered. Under the "Sale of Goods Act," goods have to be "fit for purpose."
    If it's not exactly what you ordered, then it's not.

    I've never had a problem ordering "on-line" when it wasn't right.

    Even down to on a small item, "don't bother sending it back, we'll send you the right one."
    We had three recliner chairs from HSL before we got one that was not faulty. (They did collect those!

    I've found a restrained; "I was rather disappointed in you" attitude brings the response you want.
     
  3. Nat75

    Nat75 Gardener

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    Thanks doghouse waiting for the man in charge to ring me back , It's just I hate complaning and we have already had trouble with them over the delivery, But I don't want a bed that's too dark, I just want what I ordered
    I just hope he dosn't get funny about it:(
     
  4. Doghouse Riley

    Doghouse Riley Head Gardener

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    No disrespect, but we're a nation of "I don't like to complain-ers" and we should get over it.
    You only want the item for which you paid, what's wrong with that?

    Taking it to the "nth degree..."


    We've some friends, the husband had an aortic aneurysm a year ago. Survived, but lost a leg and a kidney. He's still not right can't manage to do much, will never be able to work again and keeps getting fobbed of by the "social" over disability benefit.
    But he's in that pickle, because "he doesn't like to complain." Makes me just a bit angry with him.

    See what I mean?
     
  5. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    Don't worry. They should be OK about it. Just be pleasant on the phone and tell them it is not what you ordered and the colour is important to you. :gnthb:

    They know you are within your rights to expect, and get, what you ordered. :)
     
  6. clueless1

    clueless1 member... yep, that's what I am:)

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    As doghouse said, the Sale of Goods act is relevant here, and as Shiney says, its best to try the reasonable approach in the first instance.

    If it comes to a fall-out, which to be honest I doubt, under the Sale of Goods act, the goods have to be 'as described'. If not then in law they've broken their side of the contract of sale and you have a right to get all your money back.

    However, and this is a tricky one that can catch people out. With real wood products and other natural materials, if it is described as being made of oak, and it is made of oak, just darker than you'd expected, they haven't broken the rules because it is generally accepted that natural materials can vary in appearance. If it was described as something like 'light oak' and it clearly isn't, then they have broken the rules because its not as described.
     
  7. nathan7

    nathan7 Gardener

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    I agree with shiney, Nat, you only want what you ordered, If you wanted the dark colour that is what you would have asked for, dont be put off, I used to be like that did not like to complain, But after 30 odd years working for myself in my flooring business there was a lot of people that, and they would like to try it on, but whenever it was a genuine case, I was always ready to help, good luck colin :thmb:
     
  8. Nat75

    Nat75 Gardener

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    Thankyou you ALL for your replys always helpful :gnthb:
    I know what you mean Doghouse I get angry with myself, I should be more assertive
    The boss did ring back at first he tried to tell me it was the shade I ordered which is rubbish, then he said it may need time to dry out so it becomes lighter more rubbish, but I am glad to say I stuck to my gun's and he said he will send out a new bed in the lighter shade next week, so we will see :yho:
     
  9. Doghouse Riley

    Doghouse Riley Head Gardener

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    Well done Nat. Now you've done it and are likely to have a "result" the next time it happens and it will, you'll have more confidence.

    A good tip (if you don't mind me saying) when you're in any situation where someone tries to get one over on you or tries to make you make a snap decision, is to say;

    "I'll have a think about it and let you know."

    In most instances there's no need to make an instant decision. You can then take your time and consider your options and possibly think of others that didn't occur to you at the time.
     
  10. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    Doghouse is right with his "I'll have a think about it and let you know."

    Also, if it fits the situation, you can say. "Thanks very much. I'll take some advice on it and get back to you". If they try to push you on it or are being awkward never get angry and always be polite. The angry bits can be done by letter where you can check over what you want to say and make sure you get it right.

    Apart from running my own business I spent many years as a technical advisor to the local Consumer Service. I found that the best thing to do if you are not sure of anything is to not say much until you have checked what your rights are.

    I'm pleased to hear that it seems to be going OK.
     
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