What am I entitled to? (shipping non ocuk)

Soldato
Joined
6 Nov 2004
Posts
5,778
Hi I bought some ram from another site as OcUK didnt have it in stock, so I order it get it delivered to find they send me a 256mb dimm rather than a 512mb dimm - they also didnt have it in stock, rather than tell me the truth and cancel my order they dispatched the 256mb dimm (yep a-holes).
Anyway I RMA'ed it got a refund for the ram however they didnt give me the postage I initially paid for to get it sent to my mouse (around £3) and the postage used to send it back £1.30.
So I had a rank and rave and they said they would be refunding me all of it, they refunded me £1.30.
Now i'm thinking these guys are just trying to make it as hard for me as possible, or am I not entitled to a refund of the original postage fee even though it was completly their error?
Sorry to post this here I know it's only £3 but its the principle as it was all their mistake and they're a rather large company.
 
Associate
Joined
14 Mar 2005
Posts
2,204
You are entitled to a full refund if the error is theres. You would not be if the part was faulty or if you were using your cooling off period.

However you might also just get them to ship a 512MB replacement for free rather than get the postage refunded. Might be easier to get them to comply to that.
 
Soldato
OP
Joined
6 Nov 2004
Posts
5,778
It's not in stock mate and I doubt I could get a free 512mb stick off them lol, how would I go about saying it? forget my postage refund just sent me a free 512mb stick? lol I wish.
 
Associate
Joined
7 Nov 2005
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728
Location
Southampton, UK
Vegeta said:
how would I go about saying it? forget my postage refund just sent me a free 512mb stick? lol I wish.

How about: "given the hassle your company has put me through, which two problems arising, the fact that you shipped me a product I did not order, and have not given me the full refund that you stated I would receive, I don't think that it is unreasonable for you to sell me a 512mb stick, which I originally wanted, at the price of the 256mb. Your company obviously feels that a 256mb is a suitable substitute for 512mb so I think its a fair assuming that the substitution goes both ways."

Give that a try. Can't argue with logic :)
 
Associate
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14 Mar 2005
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Don't forget to throw in a mention of trading standards as charging you for 512MB and sending you 256MB is a BIG BIG no-no.
 
Associate
Joined
11 Feb 2006
Posts
2,185
Vegeta said:
LOl blackstar_solar - i wish i had the vocabulary as you, i'm practically going to copy and paste that lol

And just for good measure, butter them up with s.13 of the Sale of Goods Act 1979.

"S.13(1) Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.

1(A). As regards England and Wales and Northern Ireland, the term implied by sub section (1) above is a condition.
"

I.e. what was described (512mb) should have corresponded to what you recieved (in your case, it didn't)





The hell with it, if you really want to rub them up, throw in The Consumer Protection (Distance Selling) Regulations 2000, specifically s.7(1)(b) & (c)

"s.7(1)(b) in good time prior to the conclusion of the contract the supplier shall inform the consumer if he proposes, in the event of the goods or services ordered by the consumer being unavailable, to provide substitute goods or services (as the case may be) of equivalent quality and price; and

(c) inform the consumer that the cost of returning any such substitute goods to the supplier in the event of cancellation by the consumer would be met by the supplier.
"

I.e. the supplier should have told you about the unavailability and the cost of returning the substitute is to be met by the supplier.
 
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