sale of goods quickie

Ok folks, i purchased some GHD's for our lass on the 3rd of this month. Shes used them 3-4 times now and its damaging her hair (pulling it out) causing pain and discomfort when used.

Ive contacted the salon where i purchased them and they say they can do nothing and i have to contact GHD and send them off for repair. I think this is unreasonable and they should issue a refund as the product is not fit for purpose. They are refusing pont blank to do anything!

Ami right or wrong? and how do i go about sorting this out?

withen the first 6 months it's the shops responsibility as it is assumed that the product is faulty at time of sale, they are legally bound to replace them or refund you.

Funilly enough, logon to bbc iplayer and search for "dont get done get dom" from yesterday, they mention something similar in that show. Watched it last night as i was bored.

[Shellywoozle]

If you go into the store and quote the sales of goods act to them they soon change their mind but GHD have a 2 yr warranty, if i bought them from my saloon they have a lifetime warranty, they would send them off for me and give me another pair knowing they will get a pair back of GHD. Have you checked the GHD website to check they are not fakes (number on the silver tag by the plug ).

Also, what I dont understand is how hairstraighteners can pull hair out. OK if the temperature is wrong it can burn and make it break off over a period of time. Is she using a heat protecting product which is needed i.e the GHD heat spray or is she using on dry hair? She should only be lightly moving them down sectioned off hair not large wads of hair.

I assume she will know all this but I have GHDs and am baffled as to how it pulls hair out? Are the plates smooth or is there sharp edges which are catching the hair????

Originally Posted by Shellywoozle

If you go into the store and quoye the sales of goods act to them they soon change their mind but GHD have a life time warranty on them. I dont understand.

Also, what I dont understand is how hairstraighteners can pull hair out. OK if the temperature is wrong it can burn and make it break off over a period of time. Is she using a heat protecting product which is needed i.e the GHD heat spray or is she using on dry hair? She should only be lightly moving them down sectioned off hair not large wads of hair.

I assume she will know all this but I have GHDs and am baffled as to how it pulls hair out? Are the plates smooth or is there sharp edges which are catching the hair????

what wozzle said

she doesnt have alopecia does she

trading standards are you friend

Sale of Goods Act
the Sale of Goods Act now states that if a product develops a fault within the first 6 months, the assumption will be that the defect was present at the time of purchase and you should get an automatic repair or replacement. After this time, you may have to prove the fault was not due to misuse, although shops must also recognise issues of durability – i.e how long an item would be expected to last before developing problems.
Just because you sign a delivery / satisfaction note, or agree to a manufacturer’s repair, it does not mean you have accepted the goods, and are waiving your right to return them at a later date.

More impartnatly for you
The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty. Even after this 6 month period, if the item breaks down prematurely , you should always go back to the shop or retailer in the first instance.
Your statutory rights under the Sale of Goods Act take precedence over and above any warranty or guarantee you may have with either the retailer or manufacturer. It is misleading for a shop to tell you they can do nothing simply because their warranty or guarantee has run out, because you will still have your statutory rights

tried and theyve blankly refused. they took a look and said there is nothing wrong with them

sooo shes got short fine hair and its catching on the plates at the sides? she doesnt use anything like a heat spray or anything. Any tips? im out of my depth here!

They can't refuse the contract is with them. They have the responsibility to put right as stated in statue - even if this mean they are sending them back to the manufacturer.
Take your proof of purchase and go back to them quoting the sale of goods act, their legal responsibilty and what they intend to do about, If they still refuse tell them they are in breach of contract and can be taking to court. you will also be filing a complaint with your local trading standards team and CAB (to advise other of avodiance of contractual rights) and press if need be. Trading standards will do a lot of the groundwork for you and the salon will not like having phonecalls from the local authority.

Fit for purpose
"Satisfactory quality is defined as what a ‘reasonable person’ would regard as acceptable, and takes into account factors such as price paid, fitness for purpose specified, appearance and finish, freedom from minor blemishes, safety and durability. If it becomes apparent that an item is not of the quality you were led to expect, you were not aware of any such defect when you bought it, and you bought from a seller acting ‘in the course of a business’ (i.e. not an informal sale), you are quite within your rights to go back to the retailer, even after some months of use. If a product develops a fault within the first 6 months, the assumption will be that this defect was present at the time of purchase and you will not have to prove anything"

The Sale of Goods Act requires that goods be accurately described, of satisfactory quality and fit for any purpose specified. In other words, they must ‘conform to the contract of sale’. If this is not the case within the first 6 months after purchase, you have a range of remedies available to you which you should take up with the seller. It is not a straightforward matter of demanding a refund plus damages if this is unreasonable and disproportionate in terms of the item you bought or the problem you encountered. For example, it would be unreasonable to request a brand new car on the basis of a broken brake light, Similarly, where a washing machine can be easily fixed in situ, you are unlikely to be simply given another one.
Repair, replace, reduce, refund

In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. It is for this reason you are given a replacement item while the one you bought is being fixed. Take care to ensure however you are given a ‘like for like’ product and not simply the cheapest and most basic model. If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality and reasonableness in this legislation, in most cases you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that the refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to return the item if something else goes wrong.

or you could see here - which is my reference
How far you want to push it up to you but at the moment the shop is in the wrong and you have a product that is not fit for you

And unless they are manufacturers and specialists thy are unable to tell if there is a fault with the straighteners.

It maybe that the product is not designed for short hair. Heat protection on hair is always advisable.

Wow, you guys are good. Often on a forum you find a load of rubbish but all the advice here is correct (and this is Trading Standards talking). I will only add that you should make a written complaint and send it via Recorded Delivery (keep a copy of the letter). Also, speak to Consumer Direct on 08454 04 05 06. If the complaint isn't resolved, they will refer you to your local Trading Standards for assistance.

Phew - only just joined our trading standards team as project officer but still need to field calls - glad i'm on the right tracks

Well from one TS to another, well done