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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I bought a spiralizerfor vegeatables I tried to spiralize a

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I bought a spiralizerfor vegeatables I tried to spiralize a carrot and realised I couldn't use it I tried to return the spiralizer todayand they will not accept it back or give me a voucher because I have tried the item it was still in perfect condition have I any rights or do I just lose my money yours sincerely ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long after buying it did you return it? Please can you also tell me the reason for wanting to return it?

Customer: replied 1 year ago.
bought it on the 8th September returned it today tried to use it and my hands were not able to use it
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 1 year ago.
it was just not suitable but they refuse to return my money because id tried to spiralise a carrot it was 39.99 its the principle I'm 76 and think I deserve be treated better they have stopped me from returning to the shop
Expert:  Ben Jones replied 1 year ago.

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.

A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale.

As there is still time to reject the goods and request a refund, you may do so. If you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. 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 can follow to pursue this further, 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

Customer: replied 1 year ago.
I don't feel satisfied that I cannot retun a item that I tried and didn't like the results I will not be able to use this item I woulntmind if they only offered me a voucher for something I could usr I offered to dothis is there any point in me persueing this I'm running out of options thank you
Expert:  Ben Jones replied 1 year ago.

you do have rights but I am afraid you have to apply them within a certain period of time and if you missed the deadlines set by law then you lose that right - otherwise people will simply be using items for as long as they can then try and claim they are unsuitable and get a refund. So a deadline is set by law and you must adhere to it. there are still options for you to try and put some pressure on them, I can discuss these with you if you could please leave your rating, thanks

Customer: replied 1 year ago.
my question is can they refuse my money back if I tried the spiraliser to see if it was to my liking with a piece of carrot it wasn't to my liking they say I cannot return it because I used it are they within their rights or am i
Customer: replied 1 year ago.
idid return this item within 28 days they refused to accept it
Expert:  Ben Jones replied 1 year ago.

Yes they can, if you leave it too late to ask for a refund, or if the reasons for the return do not match the reasons under which you can return an item. In your case the most likely reason is the argument it is not fit for purpose

Customer: replied 1 year ago.
I don't feel I did anything wrong I did return the item before the allotted time 28 days and I should at least get a voucher
Expert:  Ben Jones replied 1 year ago.

yes nd as mentioned your argument would be that the item was not fit for purpose. the issue is that even if you did have right to return this and ask for a refund, you cannot force them to issue one and may have to look at taking further steps to try and get that. I can discuss these with you following your rating and can give you pointers on what to do next

Customer: replied 1 year ago.
I'm not happy at the end of the day I'm 39.99 down plus your fee and suppse I will have to count my losses I'm a 76 year ild pensioner and I cannot afford to lose any more
Expert:  Ben Jones replied 1 year ago.

I completely understand your position but I can only tell you what your legal position is and what may realistically happen. As mentioned there are further steps you can follow for free to try and get them to refund you so please leave your rating by selecting 3, 4 or 5 stars from the top of the page and I can provide these details to you, thanks

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If you wish to go down the legal route instead of a statutory demand, a claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.