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Legal Advice

Steve
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Registered: 13-07-2009

Legal Advice

I hope someone here can help, I purchased a spade online weeks ago, It eventually came but It had a broken handle, I phoned the company and was told a replacement would be sent and to just dispose of broken Item
Few weeks later ( today ) I rang said company asking where my replacement spade was, Low and behold It was mispicked, I asked what mispicked meant and was told that It was never sent out to me In the first place. and that I was given false Information.
I asked for a full refund to which the women said today " Do you still have spade " I said yes, She then said If I send It back I would get a refund. I told her that It Is out of courtesy that I am telling you I still have the spade as I was originally told just to dispose It and a new one would be sent to me. All of which was seemingly False Information.
Not only am I being denied my money back but I also have to accept that I was given wrong Information, I said here Is how It stands.
I got a broken spade, Rang up and was told just to dispose of It and that a replacement will be sent and now today I am told I was given wrong Information and that the only way to get a refund would be to send the spade back BUT that they were going to send me yet another so called replacement today  until I said NO this has gone on long enough I want a refund. To which I was denied. Unless I send broken one back.

T&C below.
Quote
Cancellation and Returns policy
   If you wish to cancel your order you can notify us by telephone or email before we have despatched the goods to you, or where the goods have already been despatched to you, you have a statutory right to cancel your contract up to 7 working days starting from the day after delivery, and return the products (see clause 5.2 below).
   Under the Distance Selling Regulations, if you are contracting as a consumer you have the right to cancel your order and obtain a refund for any item purchased (apart from the exceptions below) whether ordered by telephone or Internet. To cancel, you can email or write to us (at the address at the top of these conditions) up to 7 working days (so not including Saturdays, Sundays or Public holidays) starting the day after delivery of your item(s), giving details of the order and what you are returning. Notification by phone is not sufficient. We will refund the cost of the products plus the cost of delivery to you within 30 days of cancellation. You must take reasonable care of the products, and return them to us undamaged with the original packaging at your own cost within 30 days of delivery. If you do not we may deduct our costs of recovering the products from the amount to be refunded to you. For your protection, we recommend that you use a recorded delivery service to return items. Please note that this right to cancel does NOT extend to perishable items including cut flowers, cut and potted Christmas trees and living plants, although these returns exceptions do not affect your other statutory rights.
   If we sent you something you did not order and which was not a substitute item, please contact us within 7 days informing us of the problem.
   If anything you receive from us is faulty or damaged we will replace it free of charge or fully refund the cost, reimbursing the postage if we have requested its return. Please contact us within 7 days to inform us of the problem. In the unlikely event that you are not entirely satisfied with anything, you can still return it in unused condition within 30 days (1 month) for a full refund, although in this case return postage costs are not normally reimbursed. In both cases, before returning anything please contact customer services.
   All our plants should reach you in the same excellent condition as they left us. If you are dissatisfied in any way with their condition on delivery, please contact us within 7 days and we will arrange a replacement. Please take a photograph so that there is no doubt as to the plant's condition on arrival and please bear in mind that plants will look different depending on what time of year it is.
   This returns policy does not affect your statutory rights.
28 REPLIES
Community Veteran
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Registered: 15-06-2007

Re: Legal Advice

They are responsible for the return postage costs
Steve
Pro
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Registered: 13-07-2009

Re: Legal Advice

Are they right to refuse me a refund today considering this...
Quote
If anything you receive from us is faulty or damaged we will replace it free of charge or fully refund the cost, reimbursing the postage if we have requested its return. Please contact us within 7 days to inform us of the problem. In the unlikely event that you are not entirely satisfied with anything, you can still return it in unused condition within 30 days (1 month) for a full refund, although in this case return postage costs are not normally reimbursed. In both cases, before returning anything please contact customer services.

Remember I was originally told just to dispose of broken spade.
Moderator
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Re: Legal Advice

Quote from: Oldjim
They are responsible for the return postage costs

Which they agree to in their terms and conditions...
Quote
If anything you receive from us is faulty or damaged we will replace it free of charge or fully refund the cost, reimbursing the postage if we have requested its return.

But I wonder if that includes packaging costs if you haven't retained the original box and have to source a replacement.
Do you still have the packaging it came in?
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Steve
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Registered: 13-07-2009

Re: Legal Advice

No I don't have the packaging It came In,  I asked first time round If they would like me to hand broken spade back to delivery driver upon receiving replacement but I was told just to dispose Of It and a replacement had been sent.
Community Veteran
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Registered: 04-08-2009

Re: Legal Advice

I'm still not totally sure whether you have got rid of it or not. Did you make a note of the name of the person who told you to dispose of it and when that was?
If you still have it, take a photo of it and email it to them. If not, you might have a problem. I would have a quick chat with Trading Standards. They enjoy offering advice!
08454 04 05 06
Steve
Pro
Posts: 6,681
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Registered: 13-07-2009

Re: Legal Advice

I never got rid of the item as requested, Its sitting In the back of a cupboard, Will give them a ring, Thanks for the number.
Edit, Never caught the women's name who gave me all this false Information but the call was made on April the 1st Cheesy Cheesy
Community Veteran
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Registered: 01-08-2007

Re: Legal Advice

Quote from: Steve
Edit, Never caught the women's name who gave me all this false Information but the call was made on April the 1st Cheesy Cheesy

Anything goes then! I once worked in a mail order place. One of the blokes decided to pull a fast one when replying to a customers complaint by post, signing it off as George Bush (and yes, he actually sent it  Shocked)
I need a new signature... i'm bored of the old one!
Steve
Pro
Posts: 6,681
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Registered: 13-07-2009

Re: Legal Advice

Been given advice from the number nozzer gave me, Busy drafting up a letter for them now as I type. What a bloody joke, Lately everything I have been either buying or selling on-line has become quite a farce, Who Is held responsible when companies hit you with 'you were given false Information' ?
Quote
any information about goods or services should be accurate and not misleading. If you have been given false or misleading information, you may be entitled to a refund.
Community Veteran
Posts: 1,699
Registered: 30-07-2007

Re: Legal Advice

Hi Steve
Put simply: they've supplied you with faulty goods. Whatever their terms and conditions say, they can't overturn your rights under the Sale of Goods Act, which says that you are entitled to goods that are of satisfactory quality. If they're not (and clearly they aren't) then you should not be out of pocket because of their breach.
The seven days, is a bit of a red herring, because you should notify them that you are rejecting the goods within a reasonable time (and they have made the arbitrary decision that 7 days is reasonable), but if you told them as soon as you got the spade, then you were within the 7 days anyway.
Your other option may be to contact your card company.  The Consumer Credit Act probably wouldn't apply, because I would imagine that the spade cost less than £100, (or you paid on a debit card), but the card company may be able to authorise a "recharge" for you, so it's worth a call.
Hope that helps
John
Steve
Pro
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Registered: 13-07-2009

Re: Legal Advice

Thanks to John and everyone else for the advice, Well I bought the spade on the 20th Mar/ 10-14 delivery... Broken spade received 1st APR and phoned the company Immediately and was then unfortunately given false Information by which time a further 16 days had passed before I called them back today asking where my promised replacement was, My first order with the company too so you think they would go that extra mile..
pierre_pierre
Grafter
Posts: 19,757
Registered: 30-07-2007

Re: Legal Advice

on the same theme
John  I got a heavy duty geared pruner over a year ago, it had a "one year" warranty.
teeth have now stripped off the gearing, would this be covered under the six year "not fir for purpose" rule?
Community Veteran
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Registered: 08-01-2008

Re: Legal Advice

@ pierre, that probably depends on what you have been trying to cut with them, they're really not suitable for 'pruning' a 100 pair copper cable for example  Roll eyes
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Re: Legal Advice

I have found that some companies simply don't care about your rights under the SoG Act - Comet being one of these.
I think many probably fob you off in the hope that you will just give up as it can seem like a lot of work to achieve what is your right.

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Community Veteran
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Registered: 21-03-2011

Re: Legal Advice

Write to them - recorded delivery - give them 5 days to sort it out or you'll go to small claims court for the refund plus reasonable expenses.
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