How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66920
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I purchased a HoverBoard online and the very basic handbook

This answer was rated:

I purchased a HoverBoard online and the very basic handbook suggested there were 3 speed settings varied by an app. When I could not work the app I was told to ignore the handbook and there was only one setting. I then asked for the ‘correct’ handbook but the company’s ‘Customer Services Deot’ are no longer communicating with me. Do I have a good case for getting my money back even though the advertising said very little and nothing about different speed settings. It was also advertised as costing £199 reduced from £399, which I doubt is true.
JA: Where are you? It matters because laws vary by location.
Customer: I am in the England and the company is shown as a British company with a registered office in London and another address in Leicester.
JA: What steps have you taken so far?
Customer: I have just sent emails to the company’s Customer Services Dept asking why they apparently sent me an inappropriate handbook and asking for the correct handbook but after a few responses they are not responding.Their argument is they never advertised the board had alternative speed settings and to ignore the handbook but when I asked to be sent the correct handbook, they have failed to respond
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My case is either the board they sent does have 3 speed and I can’t access them or they have yet to send me the correct handbook but in either event the item they have sold me is incomplete and they have misrepresented the position to me.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

When did you buy it?

Customer: replied 17 days ago.
Ok I bought it last week
Customer: replied 17 days ago.
I bought it 8 days ago

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, you will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty that came with the goods. Do note, however, 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. So you have to argue that the issues fall within at least one of the above to eb able to take it further.

The rights against the seller are:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days, or after that if the consumer can no longer reject the goods for a refund. It is the consumer’s choice as to whether they opt for a repair or replacement. There is a ‘one shot chance at repair’, meaning that if a repair has failed, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep them, they can ask for a price reduction, based on what is wrong with them.

It is also important to note that the law assumes that any issues which develop within the first 6 months of buying the goods were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale.

Once a decision has been made on which option you would pursue, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your statutory rights, you will have no choice but to report them to Trading Standards and start legal proceedings through the County Court to seek compensation.

Does this answer your query?

Customer: replied 17 days ago.
No it is not the answer to my query. What I would like to know is whether failing to comply with what is indicated as available in the handbook or failing to supply the correct handbook is sufficient to entitle me to claim my money back. In my opinion, either way, the item is incomplete. Any electrical device should be accompanied by a handbook as otherwise the buyer is left to guess how to work it properly and understand the significance of the various lights which give an indication for example as to how much charge the battery has.

Well what you have described does mean that it is unlikely to satisfy the requirements of being of satisfactory quality or fit for purpose which is what you can rely on to ask for a refund or replacement.

Does this clarify things a bit more for you?

Customer: replied 17 days ago.
thank you. I am pleased you think I have a good case. If I pursue it in the Small Claims Court, can I commence it in my local court or does it have to be dealt with if the company requires, in the court local to their registered office or the main base in this country?
Also I was considering contacting the Trading Standards people first but again since they seem to operate locally, do I need to contact the trading standards people local to the company? Clearly trading on the Internet makes this more difficult. I also believe that their advertising the price of £199 was reduced from £399 to be highly dubious.

You initially claim to the central processing unit for the courts service and it later gets allocated to the respondent’s local court. However that is only a concern if the claim is defended and eventually you have to attend a hearing, right at the end. It may never get that far, it could potentially settle at any time before that or they could fail to respond and you win by default.

You can actually submit a complaint to TS online:

https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Hope this helps

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 17 days ago.
thanks

All the best