Rst1990 Posted July 30, 2015 Report Share Posted July 30, 2015 Further to my last post of me having to return my rifle due to a fault, 7 weeks later im told by the rfd that the rifle is beyond repair and as a good jesture they will give me another new one after variation etc. gutted is an understatement. But I have lost hope with this rifle so was thinking of upping it to another more expensive model. I asked the rfd about the prospect of doing such, to be told it will most probably have to be like for like. Which I understand, but with all this hassle on my behalf shorley the supplier could be flexible enough for me to get a different model rifle off them, same brand just different model and me pay extra. Do I have to settle with this or can I ask for money back or different model rifle? What's my rights as a customer? Thanks in advance Quote Link to comment Share on other sites More sharing options...
Carman06 Posted July 30, 2015 Report Share Posted July 30, 2015 How long did you have rifle before faults occurred. Quote Link to comment Share on other sites More sharing options...
geordieh Posted July 30, 2015 Report Share Posted July 30, 2015 It was not fit for purpose ask for your money back Quote Link to comment Share on other sites More sharing options...
Rst1990 Posted July 30, 2015 Author Report Share Posted July 30, 2015 Had it for 3 weeks approx Quote Link to comment Share on other sites More sharing options...
Carman06 Posted July 30, 2015 Report Share Posted July 30, 2015 If only 3 weeks you have strong case for refund under sale of goods act based on it being in repairable. Quote Link to comment Share on other sites More sharing options...
robbiep Posted July 30, 2015 Report Share Posted July 30, 2015 Yes. If it is 3 weeks then you have the right in law to a full refund or replacement. It is YOUR choice as to which of those options you take. Quote Link to comment Share on other sites More sharing options...
welshwarrior Posted July 30, 2015 Report Share Posted July 30, 2015 I don't think what your asking for is unreasonable at all and would ask the importer on your behalf if I was the rfd. Quote Link to comment Share on other sites More sharing options...
Rst1990 Posted July 30, 2015 Author Report Share Posted July 30, 2015 I will go down to my rfd this weekend to sort this mess out. Thanks for the info Quote Link to comment Share on other sites More sharing options...
CharlieT Posted July 30, 2015 Report Share Posted July 30, 2015 Just remember that your contract is with the shop who sold you the rifle not the importer. Tell the shop you want a different rifle. Quote Link to comment Share on other sites More sharing options...
ghosthunter Posted July 31, 2015 Report Share Posted July 31, 2015 Bit of a silly one for the shop IMO (with my company director hat on) in that if it was being repaired then yes you would have had to have it back and no real shout for a refund because its used (it must have been fit for purpose as it once served its purpose I guess). This fit for purpose thing that everyone shouts about is usually quite dependant on how many functions it is supposed to have and a rifle is for shooting. It fires and therefore it is fit for purpose however it is now damaged/broken. In the first 6 months of ownership it is up to the retailer to prove that it wasn't faulty at the point of sale and after 6 months, if the retailer gets shirty then it is up to the consumer to prove it was faulty at the point of sale. That said, if it is beyond repair and they are simply going to give you a new one then the retailer will get a replacement from the supplier FOC which he can resell as new (or if it was ordered in specially for you he will ask for a credit surely, I would) thus leaving him the opportunity to relieve you of some more of your hard earned by upgrading to a more expensive model.... Repeat that last paragraph to him and see if he understands, backs down, apologises and takes some more money off you Good luck! Quote Link to comment Share on other sites More sharing options...
Carman06 Posted July 31, 2015 Report Share Posted July 31, 2015 Bit of a silly one for the shop IMO (with my company director hat on) in that if it was being repaired then yes you would have had to have it back and no real shout for a refund because its used (it must have been fit for purpose as it once served its purpose I guess). This fit for purpose thing that everyone shouts about is usually quite dependant on how many functions it is supposed to have and a rifle is for shooting. It fires and therefore it is fit for purpose however it is now damaged/broken. In the first 6 months of ownership it is up to the retailer to prove that it wasn't faulty at the point of sale and after 6 months, if the retailer gets shirty then it is up to the consumer to prove it was faulty at the point of sale. That said, if it is beyond repair and they are simply going to give you a new one then the retailer will get a replacement from the supplier FOC which he can resell as new (or if it was ordered in specially for you he will ask for a credit surely, I would) thus leaving him the opportunity to relieve you of some more of your hard earned by upgrading to a more expensive model.... Repeat that last paragraph to him and see if he understands, backs down, apologises and takes some more money off you Good luck! Just to add. It doesn't have to have been faulty at point of sale. But needs to be faulty due to a manufacturing defect. This may have become apparent at any time. As mentioned first 6 months onus is on supplier to disprove this fact. After 6 months onus is on purchaser to prove and can be very costly to do so. (Professional reports etc) If the rifle is broken then presumably it does not fire and therefore is not fit for the purpose for which it was purchased. Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted August 4, 2015 Report Share Posted August 4, 2015 The relevant Sale of goods act covers you in 2 ways in this instance-not fit for purpose, as already mentioned , but also that the goods "should last a reasonable time"- (depending on price and usage)-after 3 weeks you have a very strong case-the Dealer is trying it on. Tell him what you want and if he refuses go straight to CAB and Trading standards-don't let him get away with it. Quote Link to comment Share on other sites More sharing options...
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