Fergus Muirhead on consumer rights

Fergus answers money questions on Reporting Scotland and online

I'm Fergus Muirhead and I'm trying to answer any money or consumer problems you may be facing at the moment.

You can contact me by e-mail at fergus@bbc.co.uk

I will deal with a selection of your e-mails every second Monday on lunchtime Reporting Scotland, Scotland Live and on the BBC Scotland news website.

Fergus also has a consumer page on Twitter: http://twitter.com/consumerstuff

Question 1. I recently bought a new squash racquet and that same day the strings snapped while playing . I went back the next day looking to exchange it. I was told that due to the nature of the sport they would not exchange it? Where do I stand with this?

Steve Cochrane

Answer. The of Goods Act is clear that any good you buy must be 'fit for purpose'. It is not always clear with certain items, and this would include a lot of sports equipment, whether the damage done is actually caused by a fault in manufacture or by accidental damage while playing. This is why you will find it difficult to convince some retailers that the strings broke because of a fault with the racquet rather than the way you used it. The Sale of Goods Act generally puts the burden of proof on a retailer if goods are defective in the first six months. The problem here is that the strings could have broken due to accidental damage rather than a fault in the racquet.

Question 2. Our local Argos shop has a policy of "No returning of cameras" no matter what's wrong with them. I have often seen cameras in the Argos catalogue that I would like to buy but have been put off by this policy. Can they do this?

Steve from Perth

Answer. No would be the short answer. Individual retailers can decide on their own returns policy with goods that you don't like, that don't fit or where you simply change your mind. If, on the other hand, goods that you purchase are faulty or break down soon after purchase then you have certain statutory rights and the retailer has a responsibility to deal with any problems that you have.

Question 3. I ordered flowers online that were due to be delivered on 29 May. These weren't delivered until I chased the florist, and they arrived on the 4 June, six days after my girlfriend's birthday. I feel that this was breach of contract, and as such, I am due a refund. What is your opinion?

Dave Mitchell

Answer. I think that whether it is a breach of contract or not would depend on what the contract for delivery, if there was one, said. And this is a big problem in lots of cases that I deal with. Sometimes we think that by 'agreeing' delivery on or by a certain date we have a done deal. The retailer, on the other hand, may have a different idea, and may have in mind an 'expectation' of delivery rather than a guarantee. It's always important, therefore, to make sure that when agreeing delivery of goods or services by a particular date that you make it clear that failure to deliver by that date (and this agreement is not always possible) will be a breach of contract. I'm glad to say that in this case I have spoken to the florist and they have agreed to refund the cost of the flowers and send another bouquet as a gesture of goodwill.

Question 4. On 15 December we purchased a ceramic hob from a local supplier. The hob was installed by an electrician recommended by the retailer. The hob developed faults within a few days - the red indicator light for the back right plate would go out while the plate was in use. After several phone calls and return visits to the shop, the technician visited us to assess the problem and order spare parts. He hoped to get the parts by the end of that week, or early the following week. He did fix it but now the back right indicator light has started to play up again from time to time and although the hob is now more than six months old and has already had one repair under warranty I would like to know where I stand. Am I obliged to let them try a second repair? Would it be unreasonable of me to ask for a replacement hob?

Margaret Eaves

Answer. The fact that you accept a repair when goods are faulty doesn't mean that you lose the right to a replacement in the event of another fault, and the fact that the second fault happened out of the warranty period doesn't affect your rights under the Sale of Goods Act. I think, therefore, that you are perfectly entitled to ask for a replacement and I know that after I spoke with the retailer that has now happened and you have a new hob. All's well that ends well!

The opinions expressed are those of the author and are not held by the BBC unless specifically stated. The material is for general information only and does not constitute investment, tax, legal or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation.