Your rights for returning something. - HotUKDeals
We use cookie files to improve site functionality and personalisation. By continuing to use HUKD, you accept our cookie and privacy policy.
Get the HUKD app free at Google Play

Search Error

An error occurred when searching, please try again!

Login / Sign UpSubmit

Your rights for returning something.

£0.00 @
Does anyone know what your rights would be for returning something say a painting which cost around £700.00 as unwanted? my friend recently went to pick up a painting after she had paid weekly for …
VeryVery Avatar
9y, 3m agoPosted 9 years, 3 months ago
Does anyone know what your rights would be for returning something say a painting which cost around £700.00 as unwanted?

my friend recently went to pick up a painting after she had paid weekly for it at a leading uk store however when she went to return it she was told she couldnt as it was after the 28 day period but she says she was never told about this waiting period as she was still paying it off week by week.

any thoughts ?
VeryVery Avatar
9y, 3m agoPosted 9 years, 3 months ago
Options

All Comments

(23) Jump to unreadPost a comment
Comments/page:
banned#1
hmm, im not 100% sure but i think once the 28 days are up, your friend could be seen as having 'accpeted' the goods. Therefore i dont think anything can really be done :-(
#2
has your mate been to citiizens advice?
#3
The store doesn't have to accept the goods back simply because someone changed their mind.
#4
thesaint
The store doesn't have to accept the goods back simply because someone changed their mind.


:thumbsup: Can't understand why people think they can ?
#5
i hope the painting was from a shop your friend likes - i think the best they could get is a very big credit note...
#6
It sounds like the shop had a 28 day exclusion period (albeit from the start of payment) which is over and above their legal requirements.

To look at it from the point of view of the shop. They could not sell the item to anyone else during the time she was paying it off, so it is a bit unreasonable to have a change of mind now.
#7
VeryVery
Does anyone know what your rights would be for returning something say a painting which cost around £700.00 as unwanted?

my friend recently went to pick up a painting after she had paid weekly for it at a leading uk store however when she went to return it she was told she couldnt as it was after the 28 day period but she says she was never told about this waiting period as she was still paying it off week by week.

any thoughts ?

Clarify. Has the buyer physically held the item for 28 days or are they saying she can't return it because she started paying for it more than 28 days ago?
[mod]#8
Why would she pay weekly for however long to buy it and then decide she doesn't want it when she finally gets it?
#9
From a legal perspective, the shop is under no obligation to accept the painting back if there is nothing wrong with it. As a gesture of goodwill they might offer a credit note, but for something this expensive I think they will probably refuse.

As other posters have said, why do people think that they can buy something, then change their mind later & expect the shop to buy it back off them for the same price that they paid:thinking: ?
#10
cis_groupie
From a legal perspective, the shop is under no obligation to accept the painting back if there is nothing wrong with it.

Even if they operate a 28 day refund policy, which the OP seems to suggest?
[mod]#11
Shengis
Even if they operate a 28 day refund policy, which the OP seems to suggest?


Don't try to help..........we are not allowed. :x :giggle:
#12
:lol:
#13
Shengis
Even if they operate a 28 day refund policy, which the OP seems to suggest?



If they operate the policy, then the painting would be included unless it was specifically exluded (As Argos does for certain products for example).

Why anyone would spend £700 on a painting and decide within weeks they don't like it is another matter.
#14
Even if they operate a 28 day refund policy, which the OP seems to suggest?


Correct - the legal standpoint is that they don't have to accept it back. As an example, M&S operate a 'no quibble' return policy, but they are not legally obliged to do so - it's an agreement between themselves & the customer. It sounds as though this shop operates a similar policy, which (as I stated) they are not legally obliged to do. And as the shopper is outside the 28 day period then, again, the shop is under no obligation to accept it back.
#15
cis_groupie
And as the shopper is outside the 28 day period then, again, the shop is under no obligation to accept it back.


I think the confusion that most people have(Me included) is whether the OP's friend has been told that the clock started counting down from the date of the 1st payment.

If they returned it within 28 days of the last payment is not clear.
The OP needs to give more details.
#16
Just read my last post & I didn't say things very clearly!

So, to sum up:

1. The shop has no legal requirement to accept back an item if the purchaser doesn't want it (although they do if the item is 'not fit for use').

2. The shop may have a 'goodwill agreement' to accept back items within 28 days of purchase - this is nothing to do with the Sale of Goods Act (or whatever it's called now), but nevertheless it is still an agreement that the shop can be bound to.

However, in this case, there is nothing wrong with the painting, & the purchaser is (from what we've been told) outside the 28 day period.

EDIT: The 28 days SHOULD start from when the item was received.
#17
cis_groupie
Correct - the legal standpoint is that they don't have to accept it back. As an example, M&S operate a 'no quibble' return policy, but they are not legally obliged to do so - it's an agreement between themselves & the customer. It sounds as though this shop operates a similar policy, which (as I stated) they are not legally obliged to do. And as the shopper is outside the 28 day period then, again, the shop is under no obligation to accept it back.

Ah, so a company is legally entitled to break their own T&C's if it suits them? Good to know, if you're LITTLEWOODS:giggle:

Anyway I disagree. If you buy something and it's clearly stated that there is a grace or cooling off period in the T&C's then that is part of the contract formed at time of purchase.

And the next question is... Is the shopper in the OP outside the 28 days? The contract is formed when full payment is tendered and the item changes hands. So the 28 days start, not on the day of the deposit, but on the day of full payment and item received surely?
#18
If you buy something and it's clearly stated that there is a grace or cooling off period in the T&C's then that is part of the contract formed at time of purchase.

Accepted, hence my further post to clarify this.

The contract is formed when full payment is tendered and the item changes hands.

Legally, no - the contract is formed when there is acceptance, usually in the form of money exchanging hands (e.g. at the checkout/cashdesk), but can also be when there is a promise or agreement to pay later for an act that would not otherwise have been done (e.g. agreeing to pay someone if they paint your house - the contract is formed when you agree to pay them & they agree to paint your house).

In this case, the contract was formed when the person agreed to buy the painting & the shop agreed to accept money from the buyer (whether by instalments or all in one go). The 28 days cooling off period would be deemed to start when the painting was in the hands of the buyer.
#19
Shengis
Clarify. Has the buyer physically held the item for 28 days or are they saying she can't return it because she started paying for it more than 28 days ago?


No she hasnt had the item home for 28 days only 4 days but yes she started making payments more than 28 days ago.
#20
One for the Local Trading Office, methinks, as this could be argued all ways till Sunday.
#21
cis_groupie
One for the Local Trading Office, methinks, as this could be argued all ways till Sunday.

Agreed. Go scrag em up. One call will probably sort it ;-)
#22
VeryVery
No she hasnt had the item home for 28 days only 4 days but yes she started making payments more than 28 days ago.


What was the reason given, and was it in writing?

It would help if you wrote the sequence of events.
#23
I wouldn't have paid £700.00 for it either... Perhaps they could plead insanity?

http://crest-care.com/rehomed/2006/chippyB.jpg

Post a Comment

You don't need an account to leave a comment. Just enter your email address. We'll keep it private.

...OR log in with your social account

...OR comment using your social account

Looking for Twitter login?
Thanks for your comment! Keep it up!
We just need to have a quick look and it will be live soon.
The community is happy to hear your opinion! Keep contributing!