Just checking legal rights on a faulty usb dongle from Tesco - HotUKDeals
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Just checking legal rights on a faulty usb dongle from Tesco

ryouga Avatar
6y, 5m agoPosted 6 years, 5 months ago
Had it 30 days, thought it was less which is why I didnt return it sooner and its like 45 minutes walk away again why I didnt take it back sooner.

The dongle seems to have some sort of loose connection where it works on 1 usb port but the slightest nudge and it stops working, the others it just disconnects before it installs drivers, and on another usb port it isnt recognised unless you take it out and put it back in.

Tried 2 other desktop pcs and it isnt even recognised at all, not getting the usb connect sound and nothing shows as plugged in, and on laptop it just tells me driver cant be installed, but with a few wiggles it recognises it and installs the software then it works bar the slightest nudge again.

Tesco claim they only return items within 28 days which I know is for things you dont want and not faulty items just want to know what to say when I take it to the store.
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ryouga Avatar
6y, 5m agoPosted 6 years, 5 months ago
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#1
whatsThePoint
just take it back and say its faulty


Well it is, but Tesco said as the 28 days have passed it has to be repaired by manufacturer.
[mod]#2
Take it back. You do not have a contract with the manufacturer. You have the contract with Tesco.

They may send it back to the manufacturer for testing and delay your refund until the results are back.
[mod]#3
whatsThePoint
kick up a fuss and say your kids need it for homework etc, they'll give you a new one there and then


That is the last thing that the OP should do.
#4
magicjay1986
Take it back. You do not have a contract with the manufacturer. You have the contract with Tesco.

They may send it back to the manufacturer for testing and delay your refund until the results are back.


I just hoped they would be a bit more lenient since its only been 30 days not over a month as such and thought the law was a month.
[mod]#5
ryouga
I just hoped they would be a bit more lenient since its only been 30 days not over a month as such and thought the law was a month.


It makes no difference. If the product is faulty (and you could prove that it has developed a fault associated with thta product) then they ought to offer a replacement at the very least. They can then recover any losses with the manufacturer who they have their contract with.
[mod]#6
whatsThePoint
In the unlikely event they don't just change it the last thing they want is someone in store looking unhappy with their service so a fuss will get quick results


In the likely event than someone is that much of an idiot (and acting like a chav) shouting in the middle of a supermarket, they ought to realise that the employee is only doing their job and they shouldnt be expected to put up with someone acting like an arse.

OP - take my advice. Let me know how you get on.
#7
If the product is faulty it's Tescos responsibility to either send it away for a repair or replace yours
#8
ryouga
Well it is, but Tesco said as the 28 days have passed it has to be repaired by manufacturer.


SOGA = 1 year warranty from the shop, not the manufacturer :thumbsup:
[mod]#9
whatsThePoint
Who said anything about shouting, can only take it your limited when in comes to making a fuss in a shop and would make an arse of yourself, like you say


So what, in your eyes, constitutes a fuss? Standing there until the shop closes?! I know what you meant. You know what you meant.

I wouldnt need to ever make a fuss in a shop as I know where I stand legally.
#10
magicjay1986
So what, in your eyes, constitutes a fuss? Standing there until the shop closes?! I know what you meant. You know what you meant.

I wouldnt need to ever make a fuss in a shop as I know where I stand legally.


Would be gytted if it was a 24 hour tesco
[mod]#11
whatsThePoint
Learn to read instead of just mouthing off how right you are all the time(when your usually wrong) :whistling:
i've already said what sort of fuss to make, say you need it for kids homework etc :roll:


Usually wrong?! Hardly.

Ok. So make up a lie instead?!

If you actually give some good advice such as what I have given (and another member) then you wouldnt need to take your stupid advice of standing there and making a fuss. It is as simple as that.
#12
Sale of Goods Act, Faulty Goods

http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Q2. Do I only have rights for 30 (or some other figure) days after purchase?

No. Depending on circumstances, you might be too late to have all your money back after this time, but the trader will still be liable for any breaches of contract, such as the goods being faulty. In fact, the trader could be liable to compensate you for up to six years.

Q4. I know I can demand my money back within a "reasonable time" but how long is that?
The law does not specify a precise time as it will vary for most sales contracts as all the factors need to be taken into account to be fair to all sides. The pair of everyday shoes may only have a few days before the period expires but a pair of skis, purchased in a Summer Sale, may be allowed a longer period by a court.

This is the problem that has never been clarified even with the update of the Sales of Good Act. How long is reasonable ? Usually most retailers suggest a month is sufficient time to demand a refund for a faulty good, but some will go further due to goodwill and quality customer care. It's how the law is interpreted. The adjustment to the Sales of Goods Act 2002 infer that the responsibility of a faulty product belongs to the retailer, and it's upto them to resolve the situation whereby offering you a replacement, or repair for a year or even more ! Technically there is no time limit but a guideline for faulty electrical equipment is upto five or six years, but then you have to demonstrate the fault was inherent at the time. It doesn't though mean you are guaranteed your money back, the retailer has the right to replace, or repair the item.

In this instance politely ask for the Manager, explain the situation that the item is faulty and request for a suitable replacement or maybe a credit note. Normally retailers have a certain amount of leeway, and if you are polite, curteous they will usually find a solution. If you don't get an acceptable conclusion then sometimes writing to the head office, stating the Sales of Goods Act can pay dividends.
[mod]#13
nemesiz
Sale of Goods Act, Faulty Goods

http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Q2. Do I only have rights for 30 (or some other figure) days after purchase?

No. Depending on circumstances, you might be too late to have all your money back after this time, but the trader will still be liable for any breaches of contract, such as the goods being faulty. In fact, the trader could be liable to compensate you for up to six years.

Q4. I know I can demand my money back within a "reasonable time" but how long is that?
The law does not specify a precise time as it will vary for most sales contracts as all the factors need to be taken into account to be fair to all sides. The pair of everyday shoes may only have a few days before the period expires but a pair of skis, purchased in a Summer Sale, may be allowed a longer period by a court.

This is the problem that has never been clarified even with the update of the Sales of Good Act. How long is reasonable ? Usually most retailers suggest a month is sufficient time to demand a refund for a faulty good, but some will go further due to goodwill and quality customer care. It's how the law is interpreted. The adjustment to the Sales of Goods Act 2002 infer that the responsibility of a faulty product belongs to the retailer, and it's upto them to resolve the situation whereby offering you a replacement, or repair for a year or even more ! Technically there is no time limit but a guideline for faulty electrical equipment is upto five or six years, but then you have to demonstrate the fault was inherent at the time. It doesn't though mean you are guaranteed your money back, the retailer has the right to replace, or repair the item.

In this instance politely ask for the Manager, explain the situation that the item is faulty and request for a suitable replacement or maybe a credit note. Normally retailers have a certain amount of leeway, and if you are polite, curteous they will usually find a solution. If you don't get an acceptable conclusion then sometimes writing to the head office, stating the Sales of Goods Act can pay dividends.


...ohh look....
[mod]#14
whatsThePoint
So my advice of take it back was stupid advice?


It wasnt advice. The OP already wanted to take it back. The OP didnt know what his legal rights were. That is the point of the thread.

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