Vouchers - Product faulty

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If you’re not satisfied with the initial response from the organisation you have an issue with, our escalation process will let you know when you can raise your complaint to the next level of seniority and, ultimately to an ombudsman or regulator, where appropriate.

Faulty product

If, within the first 14 days of your goods arriving, you wish to return them under the Consumer Contracts Regulation, then you have the right to return product and the retailer must accept the return.
After the first 14 days, you are subject to the company's returns policy. If the product was bought from a UK, then this comes under the Sales of Goods Act, which says the product must be fit for purpose, of reasonable quality and as described. If this is not the case then you can you have the right to return the item.

You should know

  • Consumer Contracts Regulations (2014) means you have 14 days to change your mind after you receive goods bought online or in a catalogue, however with voucher companies they often offer a longer refund period
  • You can send the goods back for any reason and expect a refund, if within the 14-day time period of receiving the products, if you have issues raise it with the Voucher company immediately
  • You are responsible for returning the item - ensure you keep a proof of postage
  • Unless specified in the terms and conditions, the retailer is responsible for the cost of return
  • The voucher company has to respond to and handle complaints as your purchase is with the voucher company
  • If they do not provide responses or are not responding to your issue, then they may be committing an offence
  • You have six years to take a claim to court for faulty goods, but there is a shift of responsibility after six months from the retailer to the consumer to prove responsbility of the issue
  • If the service is below standard then the Sales if Goods Act says these should be of a reasonable quality, be as described and fit for purpose
  • Even if the product is covered by a manufacturer's warranty, your ocntract is with the retailer rather than the manufacturer; it is therefore their responsibility to resolve your issue
Resolver has all the contact details for the key voucher companies and will help you deliver and manage your complaint to them as it is important that you keep a complete record.

Following action

If you cannot find any specific contact details to which you can send a complaint, Resolver recommends that you submit your concern in writing to the Customer Services department of the voucher company, along with any evidence you have collected. Resolver can assist you in submitting, recording and reminding you when to escalate your issue and who to escalate it to.

Your rights to return the product

Under the Consumer Contracts Regulations you can return a item (faulty, unwanted) within 14 days, but voucher companies often give you a long period, as you need to contact the firm providing the product or service. You are responsible for returning the item, but you must keep a proof of purchase.

What can you not return

Items you cannot return include anything bespoke or personalised, goods likely to deteriorate rapidly, CDs, DVDs and computer software on which the seal is broken or goods that have a seal for health protection and hygiene reasons.

How long is the guarantee?

Your retailer will have a guarantee on the product, but even if outside of that guarantee you may be able to claim. The law is ambiguous on what a guarantee is and what is deemed reasonable. Six months can be expected as a reasonable minimum, but you need to take into account a reasonable lifespan for the product, how much was paid for the product and its overall quality.
Under the law, you have six years to take a claim to court for faulty goods, but there is a shift of responsibility after six months from the retailer to the consumer to prove responsbility of the issue. At this point, you may need to prove the problem existed when you purchased the goods and it has taken time for the issue to become apparent. You might need to provide a report from an expert to support your claim.

Manufacturer warranty

If the retailer says the product is outside of its guarantee but there is a manufacturer warranty, they may ask you to contact the manufacturer directly. However, your contract is with the retailer and not the manufacturer and it is therefore the retailer's responsbility to resolve and rectify the issue.

If you paid by credit card

If you paid by credit card and the amount was more than £100 and less than £30,000 (including VAT), you should contact your credit card company to see if you are covered by ‘equal liability’ (sometimes called Section 75). This is very often the case and simply means that your credit card provider is jointly responsible with the trader for compensating you when things go wrong.

Product is dangerous/unsafe

If the product is unsafe or dangerous you should immediately stop using the product. You should immediately contact your Local Trading Standards (which you can do via Resolver), as action may need to be taken against the trader.

Service poor quality

If the service or experience was poor quality, then you should raise the issue with the Voucher Company. The experience should be as described and of a reasonable quality based on the price described as the normal price rather than the price you paid.

Statutory minimum warranty

The rights described here are the statutory minimum, and some retailers may offer enhanced terms and conditions. If you bought online, your rights as the same as specified in the Sale of Goods Act (1979) in that the goods should be fit for purpose, as described and of satisfactory quality.

If you bought the item from abroad

If you bought the item from abroad, you are covered by the consumer regulations of that country. The Consumer Contracts Regulation is a European Union regulation and therefore applies to any country that is within the European Union. The European Trading Standards Institute can assist with cross-border resoution in the European Union.

Submit your issue with Resolver

Resolver will help you write and submit your case to the retailer if you feel that they have not responded to your issue.

What next

Once submitted Resolver will create you a case file, in which all emails that you send and receive will be delivered. You can also phone the company and record your phone calls and place in any supporting documents and information. If the issue is then not addressed Resolver will nudge the company to respond and if you are still not satisfied knows when and who to your escalate your case to.

What if your issue is still not addressed?

If your issue is not addressed you can report your issue to Trading Standards, who may take action. Other alternatives include taking legal action against the company.
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Helping you with Product faulty

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