Consumer rights buying online

Sem

Sem

Sem

Soldato
Joined
18 Oct 2002
Posts
4,613
Location
London
got this problem
i bought this item from a well known competitor and it was faulty
i then sent it back to them via their own couriers

now when i sent this item back there was no physical damage
the item was then lost for two weeks cause apparently the courier delivered it to the wrong address

now when the shop finally received the item there is physical damage now they have rejected the RMA
what are my rights

i know this is a case of my word vs theirs

they wont even consider the fact that the item could have been damaged while it was missing for 2 weeks
 
You should be entitled to a refund/replacement. Dont buy into the whole "28 day refund" business, because that is not the law. The law states you can have a refund/replacement from the retailer (not manufactuerer, so dont let them tell you otherwise) within a short period of time.

This is taken from Consumer Direct:

Under the Sale of Goods Act 1979 (as amended), all goods supplied by a trader to a consumer must be of a satisfactory quality, for their intended purpose and as described. If this is not the case, then you may have the right to reject the goods in question and ask for a full refund of the purchase price. The law says that you only have a short time within which to reject goods and, must act quickly in order to make a claim for a full refund. Once you are deemed to have ‘accepted’ the goods, your rights will be limited in the first instance to claiming a repair or possibly a replacement or partial refund.
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So depending on when you bought the item, you should be able to get a replacement or refund.
 
Nymins said:
You should be entitled to a refund/replacement. Dont buy into the whole "28 day refund" business, because that is not the law. The law states you can have a refund/replacement from the retailer (not manufactuerer, so dont let them tell you otherwise) within a short period of time.

This is taken from Consumer Direct:



So depending on when you bought the item, you should be able to get a replacement or refund.
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That's not the question though is it.
 
Nymins said:
You should be entitled to a refund/replacement. Dont buy into the whole "28 day refund" business, because that is not the law. The law states you can have a refund/replacement from the retailer (not manufactuerer, so dont let them tell you otherwise) within a short period of time.

This is taken from Consumer Direct:



So depending on when you bought the item, you should be able to get a replacement or refund.
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they are refusing a refund/replacement on the grounds that the item is damaged
damage that i didnt cause
 
Sem said:
they booked and paid for the collection
all i had to do was pick the date
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All you should need to do then is prove that it was shipped in good condition, if there is no record of the courier stating the packaging was damaged on pickup I don't see them as having a leg to stand on.
 
Sem said:
they are refusing a refund/replacement on the grounds that the item is damaged
damage that i didnt cause
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I see what you mean now. Either way, they should replace it since it was faultly in the first place. Is it still under warranty?
 
Nymins said:
I see what you mean now. Either way, they should replace it since it was faultly in the first place. Is it still under warranty?
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they said the moment the item has physical damage the store warranty is void

they emailed me some pictures and the box is tatters
i know 100% it wasn't like that when i sent it off :mad:
 
Sem said:
they said the moment the item has physical damage the store warranty is void

they emailed me some pictures and the box is tatters
i know 100% it wasn't like that when i sent it off :mad:
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Their couriers, their problem.
 
I recommend contacting Consumer Direct or go to their website. They are very helpful and should give you all the advice you need.
 
Dano said:
All you should need to do then is prove that it was shipped in good condition, if there is no record of the courier stating the packaging was damaged on pickup I don't see them as having a leg to stand on.
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So by your logic, I could snap a motherboard in half and post it off in a perfect box and the retailer should be liable?

I have my doubts about this...
 
Dolph said:
So by your logic, I could snap a motherboard in half and post it off in a perfect box and the retailer should be liable?

I have my doubts about this...
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i understand what your saying but my parcel went missing for 2 weeks
 
Sem said:
i understand what your saying but my parcel went missing for 2 weeks
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I'm not disputing you challenging it, I'd certainly do the same, I'm just querying the logic used by some people as to why you should definitely win. I'd want to know what the damage was, whether it could have been caused by poor handling on behalf of the courier and so on.
 
Dano said:
Yeh, because I really said that :rolleyes:
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You said that all the customer should need to do is to prove that the packaging was in good condition when sent. Hence you're suggesting that if that's the case, the contents of the package should not be at all blamed on the customer...
 
its a system which is open to abuse. Yes. What alternative is there?

damaged in transit. The company should be able to claim off the courier no problem. (the box is in shreds etc)

they emailed me some pictures and the box is tatters
i know 100% it wasn't like that when i sent it off
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^^^ simple. case closed. Its pretty obvious it would not have been posted off in that state.
 
Yes I did, but then a snapped motherboard would require the packaging to be pretty much destroyed wouldn't it, so my comment stands.

they emailed me some pictures and the box is tatters
Click to expand...

Maybe you need to re-read the thread.
 
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