Garok
Can't get enough of FH
- Joined
- Jan 23, 2004
- Messages
- 777
Thorwyn[B&Q] said:Like I said, I know the usual "no refunds for software" policy of the stores, but it´s definitely (at least here) NOT legal. They´re doing this to scare off the customers because it´s a lot of work and hassle for them to send back the (opened) copy to the distributor and claim refund etc.etc. And most stores tend to avoid that.
If something like that happens to you, just insist and - as Fana said - contact your customer rights agency.
Q: Can shops have a no refund policy?
A: You're entitled to a full refund if you return the goods soon after purchase.
At the end of March 2003, the rights available to a consumer who buys faulty or misdescribed goods changed. A consumer who buys such goods is entitled to a full refund if he/she returns the goods soon after purchase. Otherwise the disappointed consumer is first and foremost entitled to have goods repaired (free of charge).
If repair is impossible or would cause significant inconvenience to the consumer, a consumer is entitled to replacement goods. Where goods can't be replaced, a dissatisfied consumer is entitled to an appropriate price reduction or refund (reduced to take account of wear and tear). A 'no refunds' policy couldn't prevent this.
Where goods bought by a consumer have been misdescribed, or are defective it's a criminal offence for a shop to advertise a 'no refund' policy. Consequently, if you do encounter this practice, report the shop to the Trading Standards Department of your Local Authority. Trading Standards may then decide to prosecute the shop owner.
http://www.bbc.co.uk/consumer/your_rights/goods.shtml
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You could argue that if the information noteing the inclusion of spywear was not mentioned to you clearly, when purchesing the product, that it had been misdescribed.
