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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45360
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a medical wheel chair cushion on the 21st May took

Resolved Question:

I bought a medical wheel chair cushion on the 21st May took it to the Physio who said it was not suitable for my wifes condition as it was made of foam and would not make any improvement, it needed to be a different type of filling not foam as there is no support .The cushion has only been taken out off the package to be checked by the physio then returned to the packaging.

Nowhere on the packaging or the cushion does it say anything about the filling just the cover is suedette and "testings comply with requirements of furniture and furnishings regs. 1998" There is no kite mark.

Is there any reason why I should not have a refund as the good were not suitable for the purpose

Many thanks

XXXXX XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

When did you buy this?

Ben Jones :

Sorry just seen that in your original question...

Ben Jones :

Did you specifically ask the retainer about the type of cushion or its purpose?

Customer:

It was a shop that sells medical products only

Ben Jones :

ok thanks let me get my response ready please

Customer:

OK Is it my consumer rights for a refund

Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.


 


The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller.


 


The issue here is that I do not see this falling within any of the allowed reasons to reject the item and ask for a refund. If you were specifically looking for a foam pillow and had made that clear at the time of purchase but were then given an item that was not as requested, then you could have claimed the item was not as described or not fit for purposes. But just because the cushion was not made of foam does not mean it is generally unfit for the purpose of being a cushion – it simply means that it is not fir for the specific purpose you had wanted it for but if you had not initially looked for a specific product (i.e. a foam filled pillow) then this is unfortunately your responsibility and not that of the retainer.


 


As far as the retailer is concerned you purchased an item that you believed was the correct one but did not ask for anything specific and they had not misled you in any way or sold you a product that was not suitable for what you had specifically asked. As such this is not a consumer issue under the SGA, this is you buying the incorrect item. This would therefore only be covered by a specific returns policy which the retailer has in place and this is not something they need to have at all, it is at their discretion. The only consideration is that if they had told you there was a refund policy at the time of purchase but then failed to honour it, then you could challenge them over that but if you were not told of anything then once would not necessarily apply.

Customer:

I was not advised at the time of purchase of the refund policy

Ben Jones :

ok but as mentioned they do not have to offer one - so if you were not advised of one it simply means there was none

Customer:

It wasnt suitable for the purpose I needed it for

Ben Jones :

I understand but that must have been made clear at the time of purchase, for example you would have had to tell the seller 'I need a pillow for so and so' and they would have then had to recommend a specific pillow and if it was then not suitable you could have relied on this argument but not if you just went in the shop, assumed something is suitable but then found out that it is not, in the absence of any claims by either the seller or the description that it would be suitable

Customer:

Sorry Ben as this seams more of a medical issue I will take it to a medical lawyer

Customer:

Sorry

Ben Jones :

This has nothing to do with medical law, this is entirely a consumer law issue

Ben Jones :

this is about a purchase from a shop, it has absolutely no relevance with medical law, a medical lawyer will not be able to help you in any way

Customer:

Ok sorry you cant help any further

Ben Jones :

It is not that I can't help - you are hoping for an answer that does not exist unfortunately - I have explained your legal rights and they are as mentioned above, I cannot make up a law that does not exist just so that you are then able to tell the shop you are able to return the item

Ben Jones :

The law is the law whether it helps you or not I'm afraid

Customer:

oK thank you

Customer:

Can I rate you and close the matter

Ben Jones :

yes you are welcome to do so

Customer:

Thank you Ben but it wont let me close

Customer:

I am happy with the outcome

Ben Jones :

Sorry we do get a bug sometimes that prevents customers from rating so we just ask that you type the rating here instead and then we can process it manually, thank you

Customer:

ok

Ben Jones :

thanks, noted

Customer:

Can I now close your site

Ben Jones :

yes certainly

Customer:

Good luck and thanks

Ben Jones :

You too all the best ..

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45360
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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