Many thanks for your patience. Your rights will depend on whether you bought the item online in store.
Assuming you bought it online as you mentioned an internet advert, a consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. online).
In terms of cancellation rights, these only apply to off-premises and distance contracts, subject to some limited exceptions (such as personalised goods). The statutory cancellation periods are as follows:
· Goods – 14 days after the day the goods came into the physical possession of the consumer, unless the contract gives you longer cancellation rights, in which case these would apply
If the consumer decides to exercise their right to cancel the contract, then each party will have separate liabilities:
· Consumer – must return the goods no later than 14 days from the date of notification of cancellation, unless the trader has agreed to collect them; pay the delivery costs unless the trader did not advise them that they would be liable for this at the time the contract was concluded.
· Trader – must reimburse all payments (except delivery charges in excess of the minimum/cheapest delivery costs) within 14 days
In addition, you will have rights under separate legislation because when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:
· of satisfactory quality – they must not be faulty or damaged when you receive them;
· as described – they must match any description given to you at the time of purchase; and
· fit for purpose – they should be fit for the purpose they are supplied for,
If they do not match the above requirements, you will have certain legal remedies against the seller. Your rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.
If the goods do not meet the criteria mentioned above, you will have the following rights:
1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.
2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.
As there is still time to reject the goods and request a refund, you may do so. You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.
This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow if they refuse to refund you, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you