Am i Covered under sale of goods act

Joe Exotic

Hi

Yesterday i went into a large motor supply shop where i was looking for a THule roof rack they sold me the rack but said there was an error on the system so couldnt order the car specific fitting kit for me, they said i could order from Thule direct or amazon.

I stupidly bought the rack (had the toddler with me and she was creating a scene) as i had seen the fitting kits on Amazon and thought no problem.

I now discovered from Thule that the range they sold me is out of production since 2019 and i cant get the fitting kit (Roof bar is useless without it).

They charged me almost full whack 10% off cause the box was slightly damaged.

Im going back today to try sort it out but was wondering (incase they refuse to take it back) am i covered under the Sale of goods act, the roof bar is in of itself sound but is it for example fit for the purpose decribed as the fitting kits isnt available.

Hopefully wont need it but any info/opinions welcome

Pataman

Unfortunately you have no rights to refund as the bar is a saleable item, caveat emptor

Samuel T. Cogley

I'd say the OP has a right of return, they've sold it on the basis of a fitting kit being available and it's not. So I'd say it's a simple contract issue not a Sales of Goods Act issue. One might be able to hang their hat on the provisions over the availability of spare parts if you wanted to make it a SOGA issue.

What is the company's return policy?

Pataman

His word against theirs

BillyBird

Joe Exotic wrote: »

Hopefully wont need it but any info/opinions welcome

I think you understand this already but obviously it's best to resolve this amicably without relying on the law.

That said if they are not cooperative I'd be leaning on the "Fit for the purpose" part of the act. Given that the the unit is out of production and fitting kits no longer available it's arguable that this rack is fit for no purpose.


Other angle I'd take is (assuming you paid on credit card) going back to your bank for a charge back. Again, same argument, not fit for purpose.


You're not on firm ground with either of these arguments but it might be enough to sway the shop if they are having doubts.



https://www.citizensinformation.ie/en/consumer/consumer_laws/your_rights_as_consumer_in_ireland.html

El Tarangu

I would be very surprised if they don't just give you a full refund with no questions asked, provided you have the receipt; while they are probably not legally obliged to, I sincerely doubt that it will come to that.

seamus

It's a SOGA issue;

Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the seller's skill or judgement.

The OP made it clear to the seller that he was buying the rack for the purpose of fitting it to a car. Since the rack was obsolete, fitting kits no longer available - and the seller knew the OP didn't have a fitting kit - the rack is therefore not fit for purpose and the seller is obliged to take it back.

Joe Exotic

Thanks everyone for the input, i just checked their returns policy as somone suggested above and they they do have a good returns policy.

Im sure they will take it back but im annoyed they sold me it in the first place, it was probably just a mistake on their part.


Ill update later today.

Victor

seamus wrote: »

It's a SOGA issue;

The OP made it clear to the seller that he was buying the rack for the purpose of fitting it to a car. Since the rack was obsolete, fitting kits no longer available - and the seller knew the OP didn't have a fitting kit - the rack is therefore not fit for purpose and the seller is obliged to take it back.

I think it's more nuanced than that.

It would seem that the roof rack as sold is suitable for certain vehicles, but not others. However, this might be trumped by the fact that the seller knew what vehicle it was intended for.

Joe Exotic

A quick update

I went back and they accepted the return, the new part numbers have not yet been uploaded into ther system so when they ran the search only the old came up which is why they thought it was correct. they are getting the system updated and ordering the parts for me once thats done.

Thanks all for the help

cml387

Would the name of this company end with the name of a famous car manufacturer?

They get a hard time in Motors forum so some good feedback would redress the balance:)

Joe Exotic

cml387 wrote: »

Would the name of this company end with the name of a famous car manufacturer?

They get a hard time in Motors forum so some good feedback would redress the balance:)

Yep thats them !!