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Trading Standards vs incarexpress.co.uk

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Comments

  • cavycrazy_2
    cavycrazy_2 Posts: 243 Forumite
    You implied that your statutory rights were being infringed.

    Your statutory rights (that apply in this instance) as stated by the SOGA are "36. Buyer not bound to return rejected goods Unless otherwise agreed,"

    When you agreed to purchase the stereo, you agreed to the terms and conditions of the site which are "the warranty does not cover the cost of return for testing "

    Because you had "otherwise agreed" (by buying from a site with this clause), you are released from the "buyer not bound to return rejected goods".

    The company are sticking by your statutory rights to not have to "return rejected goods unless otherwise agreed."

    It's unfair, and a PITA for you, but they are within their rights.
  • mdbarber
    mdbarber Posts: 1,116 Forumite
    well if my rights say i have the right to do or not do something and they write something that affects that, that is not allowed, hence the requirement of "your statuatory rights are unaffected"
    click here to achieve nothing!
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    OP you can argue on here all you like and to I.C.E , at the end of the day I.C.E have the upper hand as they have your cash, for the sake of £6 send it back and once they have tested it and found it faulty (which they are intitled to do) they will refund your money, if they dont give your postage back then you can take it further.
  • mdbarber
    mdbarber Posts: 1,116 Forumite
    deanos wrote: »
    OP you can argue on here all you like and to I.C.E , at the end of the day I.C.E have the upper hand as they have your cash, for the sake of £6 send it back and once they have tested it and found it faulty (which they are intitled to do) they will refund your money, if they dont give your postage back then you can take it further.

    Well i originally asked for advice about who was right and who was wrong, the extra entries to keep people informed.
    A good point you raised about a company taking my money for duff goods and having the "upper hand" does that seem right to you?
    So is all publicity good publicity?, upper hand? we will see on the 30th ;)
    click here to achieve nothing!
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    Wether its right or wrong its true isnt it :o
  • mdbarber
    mdbarber Posts: 1,116 Forumite
    deanos wrote: »
    Wether its right or wrong its true isnt it :o

    damm we are getting mystical here actually i don't think taking £86.00 and having me pursue you for it is really an "upper hand" for taht i would want a lot more money lol
    so as always truth is just a perspective
    click here to achieve nothing!
  • cavycrazy_2
    cavycrazy_2 Posts: 243 Forumite
    mdbarber wrote: »
    damm we are getting mystical here actually i don't think taking £86.00 and having me pursue you for it is really an "upper hand" for taht i would want a lot more money lol
    so as always truth is just a perspective

    But the truth is:
    a) You agreed to the terms and conditions.
    b) You changed your mind and refused to agree to them when the item was faulty.
    c) The company have both the upper hand and the stronger legal hand.
    d) Their costs are going to far outweigh your refund and postage.

    You asked for advice on who is right or wrong. They are right, you are wrong. What you should do is:
    Get the returns number from the site.
    Return the item, keeping proof of postage.
    Wait for the company to find that your item was indeed faulty.
    Wait for your refund.
    If your refund includes postage - call it quits.
    If it doesn't, write to them by recorded letter asking for your refund of all delivery costs.
    If they refuse THEN go to court.
  • mdbarber
    mdbarber Posts: 1,116 Forumite
    cavycrazy wrote: »
    But the truth is:
    a) You agreed to the terms and conditions.
    b) You changed your mind and refused to agree to them when the item was faulty.
    c) The company have both the upper hand and the stronger legal hand.
    d) Their costs are going to far outweigh your refund and postage.

    You asked for advice on who is right or wrong. They are right, you are wrong. What you should do is:
    Get the returns number from the site.
    Return the item, keeping proof of postage.
    Wait for the company to find that your item was indeed faulty.
    Wait for your refund.
    If your refund includes postage - call it quits.
    If it doesn't, write to them by recorded letter asking for your refund of all delivery costs.
    If they refuse THEN go to court.

    TBH i didnt even read the terms and conditions so i cant have agreed to anything but i did check to see if they had the statutory notice, thats all
    Its all far too late for this dude and no offence but when you confused some companies terms for the soga i really think i can't trust you handing out advice on this let alone telling me who is right or wrong
    click here to achieve nothing!
  • Brooker_Dave
    Brooker_Dave Posts: 5,196 Forumite
    mdbarber wrote: »
    TBH i didnt even read the terms and conditions so i cant have agreed to anything

    I don't think it works like that.
    "Love you Dave Brooker! x"

    "i sent a letter headded sales of god act 1979"
  • mdbarber
    mdbarber Posts: 1,116 Forumite
    Brooker_Dave wrote: »
    I don't think it works like that.
    How would i know, but thats another question we will get answered on the 30th lol
    click here to achieve nothing!
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