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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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We purchased a machine at a grand desighs show which is supposed

Resolved Question:

We purchased a machine at a grand desighs show which is supposed to help with aches &
pains, we have tried as suggested by the salesman to use daily for 12 days at which time
we should be feeling much better unfortunatey thi is not the case.
We have read the reciept which states as we have sighed this we are agreeing to accept
these goods come what may.
The goods are not faulty but they are not inproving our aches & pains as told to us at the
time we purchased it.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX 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.

Did they guarantee improvements?

Customer: replied 3 years ago.

The companys name is XXXXX XXXXX the euipment is called an


HMF classic. we confirm that the equipment was demonstrated for


about 30mins and appeared to help some aches and the invoice


states the contract is binding on both parties and is not subject to


cancellation. however as mentioned in my first report that we did use


the equipment as told to us by XXXXX XXXXX the consultant but this has not


given us the results that we were told would happen ie..an inprovement


in our aches & pains. We feel that after paying £545.00 that they have not achived the results they said to expect


 

Expert:  Jo C. replied 3 years ago.
Thank you

So did they guarantee results?
Customer: replied 3 years ago.


for jomo1972

 

We did reply last evening and trust you received it.

 

Look forward to hearing from you.

 

Regards

 

Derek XXXXXX

 

 

Expert:  Jo C. replied 3 years ago.
I haven't seen a reply?

There are some bugs online so that might account for it
Customer: replied 3 years ago.

for jomo1972. The company name is XXXXX XXXXX the equipment is how


called HMF classic. We comfirm that the equipment was demonstrated


for about 30mins.at which it appeared to help some our aches looking


back we of had been walking round the show for many hours.


The invoice states the contract is binding on both parties and is not subject to cancellation, howeveras mention in my first report that we did carry out the instructions given to us by the consultant XXXXX XXXXX


but this has not given us the results we were told would happen. We


feel after paying £545.00 we should expect to feel a little better and feel we have been deceived by this company and would not be unreaseable to expect a refund.


 

Expert:  Jo C. replied 3 years ago.
Yes, I got that reply. Thanks.

Would it be possible to give me the information I asked for ? Everything will turn on it.
Customer: replied 3 years ago.


for jomo1972 We were not given a writen quarantee and only told to expect good results if we carried out his instructions.

Expert:  Jo C. replied 3 years ago.
Thanks.

When did you buy it? Also, when was it delivered?
Customer: replied 3 years ago.

for jomo1972 We purchased it on the 10/05/2013 and took it home


with us.

Expert:  Jo C. replied 3 years ago.
Thanks.

I just need 10 mins to type out an answer if thats OK?

I'm afraid its bad news though unfortunately.
Expert:  Jo C. replied 3 years ago.
Thanks.

The first point to make is that if the product is not faulty then they may accept it back and offer a refund voluntarily. Companies will often do more than the law requires in the interests of good business.

Failing that though, I am sorry but you are in difficulty. I can completely see why you feel this was a waste of money but that doesn’t give rise to a claim necessarily.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

If the product is not faulty then the Sale of Goods Act is not engaged and so there is no claim.

The DSR doesn’t assist you here for two reasons. There is always a debate over whether trade shows are covered by the distance selling regulations. It is clear though that where you can inspect products at a trade show the distance selling regulations don’t apply and anyway you would be out of time to cancel it unconditionally now.

You could try to argue there was a misrepresentation. That is the only basis upon which you could challenge this. The difficulty with that here is that he just doesn’t seem to have given you any certain guarantees. A misrepresentation can be a misleading statement but its obviously easier to prove if its a clear falsehood. If you were to sue for misrepresentation then they may cave in as they won’t want to waste resources on this but obviously nobody can guarantee that.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience: Over 5 years in practice
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