Is this company trying it on?

krooton

krooton

krooton

Caporegime
Joined
9 May 2004
Posts
28,781
Location
Leafy outskirts of London
So I bought a phone from the rainforest marketplace.

Received it, turned it on and the screen wasn't working.

I contacted them to return it, and had the foresight to video the fault.

They've received it and can't find a fault, which has led to the below exchange:

Hi

Thanks for your email, we are happy to take this return as Distance Selling Regulation change of mind ( even your statement has been changed from faulty to change of mind and change of mind request we have received from yourself today only which is well over 7 days)

Tania we would like to advise their will we a small charge for postage which is £6.99.

Please advise would like to have a refund or you would like us to send phone back to your self.

Regards


--- Original message ---



------------- Begin message -------------


Hello

I am unable to call during work hours.

This video shows that there was an issue when we received the phone.


This shows that the item was not fir for purposes at point of receipt.

If this cannot be processed as a faulty return due to your fault process, please then process it as a Distance Selling Regulation change of mind as it was within 7 days of receipt.

Sincerely


> Date: Fri, 30 Mar 2012 10:53:10 +0000
> From: [e-mail address removed]
> To: [e-mail address removed]
> Subject: Return information from Trendi (Order: 202-2736648-2098734)
>
> Order ID 202-2736648-2098734:
> 1 of Binatone Big Button Speakeasy 200 Mobile Sim Free Phone with Talking Numbers and Panic Button [ASIN: B00422KSP4]
>
>
>
> ------------- Begin message -------------
>
> Hi
>
> Can you please contact us on 0141 regarding recent return of the phone, our tech team not found any fault with the phone as per your last email, we have tested this phone over 24-48 hrs and we found their is no problem making call n receiving or sending and receiving text messages ( plz find picuters attached).
>
> We did try to contact yourself on your mobile number but phone went to answering machine.
>
> Regards
Click to expand...

Now regardless of them not finding a fault, it had one when we received it and we have proof. Surely they have to accept the faulty return full refund as a result?

Their bit about the DSR change of mind being after 7 days, that was only because we returned it as faulty initially.

I shouldn't have to pay for that return delivery correct?
 
It depends, if you're liable for the postage they must inform you of this in a durable form (email, or invoice with the phone)... if they don't inform you who is liable for return postage for a DSR return then they are.
 
No, you shouldn't have to pay it.

Personally I would mail back explaining that the video clearly shows a fault on receipt, and the item was returned as such. If it appears to be working now that it's returned to them then that's just luck of the draw; for all intents and purposes you returned a faulty product that you could not use.

That does not give them the right to change the replacement request to a different type outside statutory time frames because they say it works. You don't know it works, do you? You haven't seen it in action, and have only their word that for an extra charge they'll send you a new one. That, quite frankly, is nonsense.

Ask them to send you the working handset back, free of charge, if they're that confident about it.
 
Things is, I lost all faith in the handset, so bought a different one from somewhere else, I just want a refund in full for this.
 
the spelling on the emails sent to you, don't instil me with confidence.

making call n receiving or sending and receiving text messages ( plz find picuters attached).
Click to expand...
 
Arg, they are being really arsey about this now!

Saying the youtube clip can't taken as proof, I could have just linked any old clip.

So I have sent them the original video file from my camera, and politely threatened to take this further with Amazon directly.
 
You're entitled to a refund of everything, including all postage costs.

It's a mistake to try and invoke the DSR, as that then makes you liable for postage.

You should be telling them it was faulty, you know it was faulty, they know it was faulty, you're entitled to a full refund and if they refuse one more time you'll simply raise a dispute which you're entirely confident will go in your favour.

I wouldn't bother firing emails back, when I had a different but similar experience Amazon found in my favour immediately, and I got a full refund, including postage and was told to put the goods in the bin and not send them back.
 
Yeh they will not take any crap. Unfortunately it can go against you if you are a seller, I had a couple of claims which meant the buyer could keep the items and the money.

I managed to get the items back from the buyers and both of them worked fine :/
 
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