I went into B&Q a short while ago to buy a new Bosch strimmer as our old one has died after 7 years of grafting. The lady on the till gave me a receipt with a Bosch helpline number and said that if I had any trouble with it, to phone them. She said that I have 45 days guarantee with the shop but even in that time I'd be better off ringing Bosch and that if I took it back to the shop, it would be a waste of my time because they would just tell me to phone Bosch.

In fairness, it would no doubt be a much easier process phoning Bosch as opposed to arguing statutory rights in a shop but this woman either has no idea about SOGA and the fact the shop is liable for products falling short of the implied terms or she has been trained to say such things in a bid to fend off customers who do not have knowledge of their rights.

Never had any trouble with the old one but if this goes wrong, I might just take it back to the shop on principle. :P

P.S, I decided not to waste any energy pointing it out to her because I got the distinct impression it would be a tumble weed moment and the fact that I don't actually need to debate it unless something actually goes wrong.

If they are being told to advise you to go straight to the manufacturer they are breaching the SOGA anyway.

(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b)the goods do not conform to the contract of sale at the time of delivery.

(2)If this section applies, the buyer has the right—

(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b)under and in accordance with section 48C below—

(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii)to rescind the contract with regard to the goods in question.

(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

(4)Subsection (3) above does not apply if—

(a)it is established that the goods did so conform at that date;

(b)its application is incompatible with the nature of the goods or the nature of the lack of conformity.

(1)If section 48A above applies, the buyer may require the seller—

(a)to repair the goods, or

(b)to replace the goods.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—

(a)impossible, or

(b)disproportionate in comparison to the other of those remedies, or

©disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—

(a)the value which the goods would have if they conformed to the contract of sale,

(b)the significance of the lack of conformity, and

©whether the other remedy could be effected without significant inconvenience to the buyer.

(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—

(a)the nature of the goods, and

(b)the purpose for which the goods were acquired.

(1)If section 48A above applies, the buyer may—

(a)require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or

(b)rescind the contract with regard to those goods,

if the condition in subsection (2) below is satisfied.

(2)The condition is that—

(a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or

(b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.

(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

(1)If the buyer requires the seller to repair or replace the goods the buyer must not act under subsection (2) until he has given the seller a reasonable time in which to repair or replace (as the case may be) the goods.

(2)The buyer acts under this subsection if—

(a)in England and Wales or Northern Ireland he rejects the goods and terminates the contract for breach of condition;

(b)in Scotland he rejects any goods delivered under the contract and treats it as repudiated;

©he requires the goods to be replaced or repaired (as the case may be).

It is indeed an offence to not comply with SOGA requirements as opposed to acknowledging them but disagreeing with the customer and choosing to fight the case.

It is rare to see such a dismissal or lack of knowledge of statutory rights. I didn't need to argue it with her but I found it interesting. It could be just a training issue and the manager would probably concede when confronted with SOGA knowledge. All speculation of course.

Having worked for them ie b and q the training is pretty thorough and its taught that you have the right to return the item to the store for a full refund at anytime unless they changed something we would take returns within the warranty period