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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice
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Hi, I purchased a saw online for my husband, he is a builder

Customer Question

Hi,

I purchased a saw online for my husband, he is a builder and needed a brick saw to take out individual bricks from a renovation he is doing. It cost £995 & VAT, and manufactured by ARBOTECH.

I purchased this on 19th April.

He didn't use it straight away, but when he did use it on Friday, it broke after 45 mins and was in usable.

I emailed the online retailer ( TOOLSTOP) I purchased it from to return the saw, and they sent a courier to collect it on Wednesday.

I have received a call from Toolstop today, they state the saw went back to Arbotech, who have repaired the saw, and are refusing a refund as it is repairable and I am out of their 14 day terms.

I was under the impression that if an item is faulty, I was entitled to a refund, and had longer than 14 days to determine if its faulty.

I am disillusioned with this product, and feel cheated that I have paid over £1000 for an item that's already had to be repaired.

Can I demand a refund or are they right?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles

Is it repaired to good condition ?

Is it properly repaired?
Customer: replied 3 years ago.
Hi,

I've yet to receive the repaired item so I don't yet know.

Expert:  Jo C. replied 3 years ago.

You have rights under the distance selling regulations to cancel unconditionally for the first seven days after delivery. Clearly they have given you a longer period under the contract but unfortunately you are outside of that time period.

You do have rights under the Sale of Goods Act to reject a faulty item and demand a refund. Usually you have to show that you have not ‘accepted’ it.

Generally speaking a retailer will usually offer a refund, exchange or repair without argument in the interests of good business which is why this doesn’t come to light all that often. Since this is an expensive item, they might dig their heels in I suppose.

Whether you can show that you didn’t accept it is difficult to say here. You have kept the item for some item. I do realise you have a reason for that and that might be accepted but it is something you will need to explain. On a positive side, you only used it one and it developed a significant fault.

Failing the right to reject you have a right to demand a repair and if that repair is inadequate to restore the saw then your rights to demand a refund in full are revived.

The truth is that if you sued then they might well settle at the small claims court to avoid the manpower that it would take to contest this claim although, obviously, nobody can guarantee that.

Hope this helps. Please let me know if you need more information.

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