robmiller Posted June 3, 2009 Report Share Posted June 3, 2009 I recently acquired a gun from a gunshop. It does not cycle rounds properly and has given bad service from day one! I have only fired a small number of rounds through it! I am not happy with it at all, and am wondering if anyone else has ever had the same problem? My query is, could i return it for a refund or to spend the amount on another gun in the shop!? Cheers Quote Link to comment Share on other sites More sharing options...
flytie Posted June 3, 2009 Report Share Posted June 3, 2009 Yes you should be able to return it, but you will have to allow the seller chance to put the fault right. If after this it is still no better, you can return it under the consumer protection act (1984?) as being not fit for purpose. Your local Trading Standards Office will help with advice on returning faulty goods as will Citizens advice. ft Quote Link to comment Share on other sites More sharing options...
The Burpster Posted June 3, 2009 Report Share Posted June 3, 2009 (edited) As Flytie says, although you need to ensure that you have been using it within its proper perameters, before you take it back to complain..... (e.g. not using loads smaller or lighter than it recommends as a minimum) Edited June 3, 2009 by The Burpster Quote Link to comment Share on other sites More sharing options...
polski Posted June 3, 2009 Report Share Posted June 3, 2009 (edited) If it's a firearm, don't forget, if you go for a refund or replacement you will need a 1 for 1 variation before you can replace it. Rick. Edited June 3, 2009 by polski Quote Link to comment Share on other sites More sharing options...
casts_by_fly Posted June 3, 2009 Report Share Posted June 3, 2009 what gun is it? There are simple fixes for a lot of common gun problems. Things as small as cleaning the action or polishing bits can help. Thanks, Rick Quote Link to comment Share on other sites More sharing options...
hogey Posted June 3, 2009 Report Share Posted June 3, 2009 Hi I guess you are talking about the semi auto you have as you say it does not cycle.I bought a Webly & Scott SA and had the same problem Once I changed to cartrdiges 70mm or longer the gun was no bother.Maybe you have a similar problem Hogey Quote Link to comment Share on other sites More sharing options...
kennym Posted June 3, 2009 Report Share Posted June 3, 2009 Yes you should be able to return it, but you will have to allow the seller chance to put the fault right. If after this it is still no better, you can return it under the consumer protection act (1984?) as being not fit for purpose. Your local Trading Standards Office will help with advice on returning faulty goods as will Citizens advice. ft No offence but this is incorrect information, You have the right to reject an item if it is not fit for purpose and gain a full refund under the sale of goods act, If you let a vendor try to fix the item you are seen to have accepted the item making it harder to rerject it under current law If you do this however you can still demand a replacement item if the origional item is not suitably fix in an (unstated as it varys from item to item) acceptable time frame If you paid for the item before seeing it ie did the deal under the "distance selling regulations" you can reject an item simply because you dont like it anything up to 6 months after the point of sale If the item is second hand it should be fit for purpose at the point of sale AND the "burdon of proof" is on the seller hope this helps OF COURSE THERE ARE EXEMTIONS AND VARIATIONS this is a very broad outline of current tradeing standards regulations kennym Quote Link to comment Share on other sites More sharing options...
Gordon R Posted June 3, 2009 Report Share Posted June 3, 2009 It might depend on your definition of "recently". If you bought it within the last couple of weeks and have told them of the problems from day one - I believe you can demand a refund. If you have had it a few months - no matter how little shells you have put through it - I think you will struggle. Good luck with it. See what they say and be reasonable. Quote Link to comment Share on other sites More sharing options...
flytie Posted June 3, 2009 Report Share Posted June 3, 2009 No offence but this is incorrect information, You have the right to reject an item if it is not fit for purpose and gain a full refund under the sale of goods act, If you let a vendor try to fix the item you are seen to have accepted the item making it harder to rerject it under current law If you do this however you can still demand a replacement item if the origional item is not suitably fix in an (unstated as it varys from item to item) acceptable time frame If you paid for the item before seeing it ie did the deal under the "distance selling regulations" you can reject an item simply because you dont like it anything up to 6 months after the point of sale If the item is second hand it should be fit for purpose at the point of sale AND the "burdon of proof" is on the seller hope this helps OF COURSE THERE ARE EXEMTIONS AND VARIATIONS this is a very broad outline of current tradeing standards regulations kennym Odd that my info is incorrect, as this advice was given to my wife by a trading standards officer in a dispute we are currently having. I will ask him for clarification. ft Quote Link to comment Share on other sites More sharing options...
lineshooter Posted June 3, 2009 Report Share Posted June 3, 2009 Kennym and Flytie, I`ve just looked at my notes from a Nvq customer service course, Kennym quotes more or less the Sale of Goods act (1873) ammended 1973. Flytie advice is also in my notes if not word for word, but I can`t see a referance to the Consumer Protection act 1984. I think either way if they are a reputable firm they should replace no questions asked unless the item was used or sold as seen, but again if it was used it should have at least 3 months warrenty. Quote Link to comment Share on other sites More sharing options...
flytie Posted June 3, 2009 Report Share Posted June 3, 2009 This is the relevant quote from the ammended act; • A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement. Not your money back! The act was 1994 sorry, here is the full version; http://www.berr.gov.uk/whatwedo/consumers/.../page38311.html ft Quote Link to comment Share on other sites More sharing options...
lineshooter Posted June 3, 2009 Report Share Posted June 3, 2009 oooh thats why then Quote Link to comment Share on other sites More sharing options...
Ean76 Posted June 3, 2009 Report Share Posted June 3, 2009 Don't you get a cooling off period, 14 days or something like that?? Quote Link to comment Share on other sites More sharing options...
kennym Posted June 3, 2009 Report Share Posted June 3, 2009 No such thing as a cooling of period on MOST goods bought in shops,... you dont have to give any warrany (manufactures warrantys are a seperate issue) you have to however sell goods which are fit for purpose, and if a problem arises the vendor it was not caused by or be due to a fault at the point of sale As far as getting your money back you can do this by "rejecting" an item and returning it to the vendor MY PERSONAL ADVICE IS TO FORGET ALL THIS (initially) and speak to the vendor in a polite reasonable manor, dont be a push over but dont be agresive, if you are met with ressistance work it into the conversation that the law and the trading standards would suport you in a disspute, BUT THATS THE LAST THING YOU WANT AGREMENT IS BETTER THAN CONFRONTATION Quote Link to comment Share on other sites More sharing options...
flytie Posted June 3, 2009 Report Share Posted June 3, 2009 No such thing as a cooling of period on MOST goods bought in shops,... you dont have to give any warrany (manufactures warrantys are a seperate issue) you have to however sell goods which are fit for purpose, and if a problem arises the vendor it was not caused by or be due to a fault at the point of sale As far as getting your money back you can do this by "rejecting" an item and returning it to the vendor MY PERSONAL ADVICE IS TO FORGET ALL THIS (initially) and speak to the vendor in a polite reasonable manor, dont be a push over but dont be agresive, if you are met with ressistance work it into the conversation that the law and the trading standards would suport you in a disspute, BUT THATS THE LAST THING YOU WANT AGREMENT IS BETTER THAN CONFRONTATION I agree with most of the above, but in the act it states, and i quote: "• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)". So rejecting an item is not as easy as you make out, it is a grey area and "not defined". Give the vendor time to repair or replace in an agreeable dialogue and I am sure you will be fine. Only go down the "Not Fit For Purpose" route as a last resort. "Jaw Jaw is better than War War", as a famous former First Lord Of The Admiralty once said. Atb, ft Quote Link to comment Share on other sites More sharing options...
kennym Posted June 3, 2009 Report Share Posted June 3, 2009 OK seen as were more or less on the same page to-ing and fro-ing is futile...............but I cant resist, your quote talks about goods not been fit at the point of sale which means you can reject an item as not fit for purpose, very easy very simple, the unstipulated time period takes into acount differant items ie if you drive a second hand car each day, faults would be found in a shot time period .... but if you clay shoot 20 clays once a week, a fault that ony happens every 50 shots could take longer to find (hypothetical senarios) if however if a fault hapens after the point of sale, you can still reject the item but its cause can be desputed by the vendor who could for instance site miss use as a cause thats when it can get gray....therfore fixing or replacing is an easyer option but we agree its best to not get into that Quote Link to comment Share on other sites More sharing options...
Bleeh Posted June 4, 2009 Report Share Posted June 4, 2009 Was it an Escort by chance? *runs off* :look: Quote Link to comment Share on other sites More sharing options...
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