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 ordered one from a local dealer. Wife & I discovered that the stitching wasn't finished off properly at one end (of where it fits nto the channel) it would probably have ripped off with any breeze moving it & also just removing it after use.

Rang them up & explained, we've returned it & dealer has sent it back to the manafacturer. Now I would like to know if we're entitled to actually have our money back rather than a replacement. Hoping someone knows how we stand on this ?

In your post you omit such a lot of vital information so that no one can provide you with a definitive answer. Please, other posters take note.

e.g We do not know your location, so if you are posting from Germany, you're on your own mate as I don't know any German Law!!!

No time frame is provided e.g you may have purchased the awning in a January sale and not had it out of the box until last weekend...a period of some 7 months, which could be fatal to your desired outcome.

Did you pop into the shop to buy it or order it over the phone or on line?

All of these factors mean that different laws apply and thus the route you need to take, the outcome, etc. can be different for each case.

So if anyone else comes on here wanting assistance for a similar problem PLEASE give all of the facts.

Guidance over...here goes...Zorro...you work out which set of rules applies to you

I assume that you live and purchased the awning in England.

Exactly scarletsfan. If the OP said " I bought a brand new awning, for my own use, in my home town of Bristol yesterday and I paid cash and when I got it home an hour later  I discovered that the stitching wasn't finished off properly at one end (of where it fits nto the channel) it would probably have ripped off with any breeze moving it & also just removing it after use........

My reply would have been a whole lot shorter.

Phil

Hello there and thanks. That's really a really informative post Phil.

Sorry for being vague yes it's the UK (but not England !) I live & we bought said awning from a shop, but it had to be ordered in. Basic facts are ..

I rang up the dealer & placed the order over the phone (having had a price from them previously) paying a 10% deposit by credit card. 

When they rang to say it was in (a few weeks later) I collected it myself, but about 10 days later as it's a fair distance from us.

 I paid the balance in cash. The full price was paid for a brand new (& perfect, not `seconds') awning, & just for personal use not business or anything.

 It was one week later till we were able to erect said awning (rain/wind/& illness delayed things) but as soon as we did so I rang them to inform about the problem.  I  explained we lived some distance away & it would lkely not be possible to get in for about a week, was told that was no problem.

Took it back 7 days later - or maybe 8 can't remember ! - but have it written down & it was certainly only a day or 2 more at most. They didn't check it themselves (not in front of us anyway) but said they'd send it back, & eithr they or maker would be in touch after it was inspected at factory.

From what you said I reckon it's this bit of your post that applies & hopefully covers us .... "under the the Sale of Goods Act in that the awning must be of "satisfactory quality, sufficiently durable and free from any defects"

Could you just clarify for me if we can reject a replacement in favour of a refund.?

 It's now been more than 2 weeks since we took it back, and a lot longer since we actually ordered it. We are no longer that impressed with the quality in general after having seen one in the flesh so to speak & it wasn't `a cheapie' We really would rather just have the cash back now & think again as regards the whole awning thing.

Ok, one step at a time...missed something important. You are not in England. If in Wales or Scotland then Ok but Northern Ireland may have some legal nuances of their own but I don't think that they will affect what I say, but its just worth that slight health warning.

Further health warning - if the "stitching wasn't finished off properly at one end" and that was actually just a minor defect, and only you will know, then you may not have rights under the Sale of Goods Act. 

You bought the awning in circumstances where the Distance Selling Regulations apply. To claim your money back under those Regs you need to make that claim within seven working days from the date you collected the awning. From what you have said you are now well past those seven working days and thus, out of time -but only to claim under those Regs.

You paid the deposit by credit card so you benefit from s75 of the Consumer Credit Act. Just to keep your options open I would suggest that you write to the credit card company and advise them of the situation giving them all of the relevant dates (particularly when you paid by the card and how much and to whom) and explain the problem with the awning. In particular mention that "it is not of satisfactory quality nor free from defects in that ...(explain the problem in detail)... and mention the risk of failure to remain attached to the van. Explain that you have returned the goods to the seller and hope to recover your money under the Sale of Goods Act. Mention that you are simply advising them of the position at this stage as you may need to make a claim under s75 of the Consumer Credit Act. Its just a case of getting the position on record with your Credit Card company just in case you don't get satisfaction from the seller. The Credit Card Company may very well have a word with the dealer. Remember that even though you only paid for part of the awning on your card the Credit Card Company is liable for all the cost where s75 applies.

Now the tricky bit. We don't know just what was said betwen you and the seller when you took the awning back. Did you ask for your money back? Did the seller simply say he would return it to the manufacturer and let you know what it would do? You see, in cases like this, you have the choice, money back, repair or replacement. As a general rule if you choose repair it can be difficult to change your mind at a later date.  In cases like this the buyer should make his mind up what he wants (if the law permits that) and stick to his guns. You could say I will accept a repair but without prejudice to my rights at a later date to seek my money back. Keeps your options open. I will assume that you just went along with what the seller said.

Time is running against you. Time starts from when you collected the awning and not from when you ordered it and you need to be within that "reasonable period of time" referred to in the Act for exercising the "right to reject". The contract for purchase only being in place when you paid the full amount. Go go back to the seller asap and say something along the lines of

I phoned you on the [date] advising of the defects in the awning. I bought the awning back on the [date] which was less than four weeks from the date I bought it. The awning was not of the quality required by the Sale of Goods Act and thus I want to reject it and I am entitled to have my money back. My contract is with you and not the manufacturer so I am not really concerned with what the manufacturer proposes to do about it. Anyway, its been more than two weeks since you sent it back and I have heard nothing, meanwhile I have been left without the benefit an an awning.

Don't mention "We are no longer that impressed with the quality in general after having seen one in the flesh so to speak ".......as I said earlier, sellers respond to the argument you put to them. You can't reject it because you have seen another and don't like it. Stick to what the law gives you to use.

best of luck

Phil

That's what you want Kinza...makes you go back again with that kind of service

Phil

Just had the chance to look back here - Phil, brilliant, thanks for all this advice . Just exactly what I needed. I didn't want to contact them again till I was sure what our position was from a legal point of view - now I can follow it up, & will be asking for our money back. From what you say we are entitled to it.

Excellent, many thanks !

Best of luck

Phil

Quote: Originally posted by LegsDownKettleOn on 01/8/2010

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Out of interest,are you the same person I was talking to on a CL near Bodmin last week?

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Not sure who your question is directed at Mr or Ms Legs Down, but if it's me, no.

Phil - wanted to let you know following your advice we sent a letter to them, & a full refund is on it's way by post.

Many thanks again for your help, really appreciate it. That was an awful lot of money to us so huge sighs of relief here. Cheers !  

Hurrah. Mines a pint of best whenever our paths cross. Cheap or what?

Have fun

Phil