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    • jamesmd
    • By jamesmd 15th Oct 16, 11:36 AM
    • 7Posts
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    jamesmd
    CEX/WEBUY Refusing to Refund
    • #1
    • 15th Oct 16, 11:36 AM
    CEX/WEBUY Refusing to Refund 15th Oct 16 at 11:36 AM
    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.
Page 1
    • bris
    • By bris 15th Oct 16, 11:53 AM
    • 6,142 Posts
    • 5,099 Thanks
    bris
    • #2
    • 15th Oct 16, 11:53 AM
    • #2
    • 15th Oct 16, 11:53 AM
    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
    • By DoaM 15th Oct 16, 11:53 AM
    • 994 Posts
    • 908 Thanks
    DoaM
    • #3
    • 15th Oct 16, 11:53 AM
    • #3
    • 15th Oct 16, 11:53 AM
    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?
    Last edited by DoaM; 15-10-2016 at 11:55 AM.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • jamesmd
    • By jamesmd 15th Oct 16, 11:57 AM
    • 7 Posts
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    jamesmd
    • #4
    • 15th Oct 16, 11:57 AM
    • #4
    • 15th Oct 16, 11:57 AM
    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.
    Last edited by jamesmd; 15-10-2016 at 11:58 AM. Reason: Return info
    • jamesmd
    • By jamesmd 15th Oct 16, 12:00 PM
    • 7 Posts
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    jamesmd
    • #5
    • 15th Oct 16, 12:00 PM
    • #5
    • 15th Oct 16, 12:00 PM
    I actually did take a photo so I could get the tracking number!
    • bris
    • By bris 15th Oct 16, 12:00 PM
    • 6,142 Posts
    • 5,099 Thanks
    bris
    • #6
    • 15th Oct 16, 12:00 PM
    • #6
    • 15th Oct 16, 12:00 PM
    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?
    Originally posted by DoaM
    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
    • By jamesmd 15th Oct 16, 12:02 PM
    • 7 Posts
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    jamesmd
    • #7
    • 15th Oct 16, 12:02 PM
    • #7
    • 15th Oct 16, 12:02 PM
    as far as I'm concerned it was, CEX even recommend to reuse the packaging they send it in!
    • neilmcl
    • By neilmcl 15th Oct 16, 12:03 PM
    • 8,570 Posts
    • 5,607 Thanks
    neilmcl
    • #8
    • 15th Oct 16, 12:03 PM
    • #8
    • 15th Oct 16, 12:03 PM
    @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.
    Originally posted by DoaM
    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
    • By jamesmd 15th Oct 16, 12:04 PM
    • 7 Posts
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    jamesmd
    • #9
    • 15th Oct 16, 12:04 PM
    • #9
    • 15th Oct 16, 12:04 PM
    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
    • By neilmcl 15th Oct 16, 12:09 PM
    • 8,570 Posts
    • 5,607 Thanks
    neilmcl
    It was potentially damaged on arrival as I didn't test it. Didn't see the need as it was a completely wrong item.
    Originally posted by jamesmd
    Then you need to be explaining this all to CEX.
    • jamesmd
    • By jamesmd 15th Oct 16, 12:13 PM
    • 7 Posts
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    jamesmd
    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.
    • Voyager2002
    • By Voyager2002 15th Oct 16, 12:22 PM
    • 11,017 Posts
    • 7,369 Thanks
    Voyager2002
    CEX are truly dreadful.

    I bought a computer chip from them and it turned out to be defective. I returned it to the shop where I had bought it and was told a lot of nonsense, so I left it with them, sent an email, and also contacted my credit card provider. The card processed a refund before I even got a reply to my email to CEX, although they did later reply agreeing to a refund.

    In this situation you are protected by distance selling regulations: you did not accept the item and so are entitled to a full refund. That is really all that you need to say to your card issuer. You should also inform CEX that you are arranging a refund. A separate matter: they allege that you were negligent in the way that you treated and packed their laptop, and so you should invite them to make a separate claim for this. They would need to demonstrate that the computer was in working order at the time you received it in order to get anywhere with this.
    • unholyangel
    • By unholyangel 15th Oct 16, 12:30 PM
    • 10,193 Posts
    • 7,353 Thanks
    unholyangel
    OP you said you sent it back using a CEX returns label....who paid for & arranged the courier? Them or you?
    Money doesn't solve poverty.....it creates it.
    • jamesmd
    • By jamesmd 15th Oct 16, 12:52 PM
    • 7 Posts
    • 0 Thanks
    jamesmd
    Cex did via royal mail 28 tracked
    • unholyangel
    • By unholyangel 15th Oct 16, 1:06 PM
    • 10,193 Posts
    • 7,353 Thanks
    unholyangel
    Cex did via royal mail 28 tracked
    Originally posted by jamesmd
    Then inform them if their agent (the courier) has damaged the parcel in transit, it is their responsibility not yours and that you cannot be held liable for the negligence of their third party.
    Money doesn't solve poverty.....it creates it.
    • naedanger
    • By naedanger 15th Oct 16, 6:03 PM
    • 1,789 Posts
    • 1,381 Thanks
    naedanger
    Payment was made by Debit Card (Natwest Visa).
    Originally posted by jamesmd
    In that case contact your bank and ask them to do a chargeback with the reason "item not as described".

    However I would also try and contact someone in the bank to give them the full background so that the bank are able to respond if CEX dispute the chargeback.

    If the bank either refuse or reverse the chargeback then ask for a copy of their complaint procedure and complain that the bank have denied you a chargeback unfairly. If the bank don't resolve your complaint to your satisfaction then complain to the Ombudsman.

    See the following for more details:

    http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback
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