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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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Hi I purchased an air pistol on 29th dec 2014, I returned it

Customer Question

Hi I purchased an air pistol on 29th dec 2014, I returned it to the shop on the 31st dec 2014 as the gun had jammed on the three occasions that I had fired it, The manager of the shop refused to give me a refund or a replacement. He did say he would send it to the manufacturer for tests. He also insinuated that I had brought it back as I didnt want it anymore, I told him he could give me an exact replacemment from his stock. can you advise me on any further course of action I could take?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you have a claim?
Customer: replied 2 years ago.

I want to know where I stand in law regarding either a replacement or full refund

Expert:  Jo C. replied 2 years ago.
What does he say he will do if the tests from the manufacturer are in your favour?
Customer: replied 2 years ago.

he didnt say he just said that he would send it off for tests, when I asked him if the gun was still faulty after the tests he didnt answer me

Expert:  Jo C. replied 2 years ago.
Thanks.
If this does have faults of a significant nature then he should offer either a replacement, refund or repair at your choosing unless he can show that one or the other of them is disproportionately expensive.
However, he is reasonable entitled to conduct investigations into whether there is a fault or not. A merchant does not have to accept the word of a purchaser without further investigation.
It is not really clear what he is saying here. If he is saying that he will offer a remedy if the result of examination is that a fault exists then that is perfectly lawful. If he is saying that he will only offer a remedy if the manufacturers do then that is not lawful because he is bound by the sale of goods act and they are not. He may have an independent claim against the manufacturers but that is not your problem.
Since this is a very recent purchase anyway you would probably be entitled to reject it under the SGA and the issues arising from disproportionate expense do not really apply to a purchase like this.
Can I clarify anything for you?
Jo
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

just to clarify, before I can get a replacement I have to let the merchant carry out the tests on the gun, if it is faulty he should replace it?

Expert:  Jo C. replied 2 years ago.
Well, usually they don't demand that in the interests of good business but they are entitled to check that a fault exists.
Sometimes a fault is internal and then investigations do have to be conducted.
Sometimes it is obvious and then not.