CEX/WEBUY Refusing to Refund

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jamesmd
jamesmd Posts: 10 Forumite
in Consumer rights
Hello! Just signed up to this forum for a bit of help as it seems to be full of knowledge.

On September 26th I bought a Mac mini from CEX online and I was sent a much older version than the one I ordered. I immediately sent it back for a replacement in the original packaging however after a week I had heard nothing so I agreed with customer support to order another one and wait for a refund for the incorrect item being sent.

I have emailed CEX daily for updates as I feel that I have been kept completely out of the loop however I have only had frustrating canned responses until this morning when I got this:


On further investigation with our returns team and the store, please note that the item has been returned to you via Royal mail AF278389751GB.

After testing the item, they have confirmed that it has been returned damaged and would not work at all, it seems that the item has been returned in a used jiffy bag and may have caused the damage in transit.

Unfortunately we would not be able to refund this, however if you wish to we can get repaired, if you do agree to pair for the charges.


I just want to know where I stand, it is completely their error and the item was as well packaged when I posted it back to them as when I received it. I cannot believe how terrible their customer support is.
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  • bris
    bris Posts: 10,548 Forumite
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    This one is going to be a bit tricky for you. Even though they breached the contract by sending you the wrong item you still had a duty of care whilst it was in your possession. Sucks I know but you still needed to get it back to them in the same condition you received it.


    You can try and make a claim against the courier however they may also refuse if the packaging was insufficient for the contents needs.


    You should still however make a claim against the courier and see how you get on from there.


    In the mean time there would have been a significant price difference between the one you ordered and the one you received. If they agree you were sent the wrong item and didn't swap it for the broken one you should at least fight CEX for this difference now. I am sure you will know what that difference should be or near to it.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    edited 15 October 2016 at 11:55AM
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    How did you pay? (Cash? Debit card? Credit card?)

    @bris ... OP says he sent the item back in the original packing, by which I presume he means the same packaging as he received it in. If this wasn't classed as suitably packed then the fault lies with the seller.

    OP - did you take any photos of the parcel during/after packing?
  • jamesmd
    jamesmd Posts: 10 Forumite
    edited 15 October 2016 at 11:58AM
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    Payment was made by Debit Card (Natwest Visa). I was sent back in the same packaging they sent it to me in. Highly unlikely it got damaged in my opinion and it was packaged to their instructions.

    Was sent back using a CEX Return label.
  • jamesmd
    jamesmd Posts: 10 Forumite
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    I actually did take a photo so I could get the tracking number!
  • bris
    bris Posts: 10,548 Forumite
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    DoaM wrote: »
    How did you pay? (Cash? Debit card? Credit card?)

    @bris ... OP says he sent the item back in the original packing, by which I presume he means the same packaging as he received it in. If this wasn't classed as suitably packed then the fault lies with the seller.

    OP - did you take any photos of the parcel during/after packing?
    But that original packaging is now used and abused so not necessarily the best packaging to return it in considering it's just a jiffy bag. It got to the OP ok so the fault lies with the packaging or the courier not the seller. As I said it should have been returned in the same condition it was received.
  • jamesmd
    jamesmd Posts: 10 Forumite
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    as far as I'm concerned it was, CEX even recommend to reuse the packaging they send it in!
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    DoaM wrote: »
    @bris ... OP says he sent the item back in the original packing, by which I presume he means the same packaging as he received it in. If this wasn't classed as suitably packed then the fault lies with the seller.
    Not really. As soon as the OP takes possession he then becomes ultimately responsible to take all reasonable care of the item including it's return. That is assuming he didn't receive it with the damage in the first place.
  • jamesmd
    jamesmd Posts: 10 Forumite
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    It was potentially damaged on arrival as I didn't test it. Didn't see the need as it was a completely wrong item.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    jamesmd wrote: »
    It was potentially damaged on arrival as I didn't test it. Didn't see the need as it was a completely wrong item.
    Then you need to be explaining this all to CEX.
  • jamesmd
    jamesmd Posts: 10 Forumite
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    I would love to! However you cannot get through to anyone with an interest. Then you get a canned response like the following:

    Dear James,

    Thank you for your email.

    I can confirm that we received the returned order on he 30th of September, your request for a refund is under process.

    Be assured you should receive it at the earliest.

    Should you need any further assistance, please get back to me.

    Regards,
    Alvaro.

    Nothing gets listened to or even passed on.
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