Consumer Rights: MoneySavingExpert.com discussion

shallwehaveacoffee

Thank you for you're prompt reply, i did go back to the supermarket, they offered me a refund. I got the feeling it would then be just put in the bin and ignored.
Am i over reacting? maybe, but i can't begin to tell you how gross it is!!

halkigirl

Hi, I recently got a new contract mobile phone. I specifically requested that the phone should have voice activated dialling and the manager showed me one which he said had that feature. However, I found out a couple of days ago that the phone does not have voice activated dialling and, after a conversation with customer services I was assured that I could go back to the shop in question and cancel the contract. I should mention that the contract is due to start on 21 March. However, when I got back to the shop, the manager said I could not cancel the contract under any circumstances. Even telling him that I had been mis-sold the phone and that the customer services department had told me that I could cancel made no difference.

I'm quite happy to name and shame the company concerned but at the moment, I'm more interested in finding out what I can do to cancel my contract, which I feel I am entitled to do as I don't think that the store should be able to completely ignore it's own customer services department. Can anyone help???

Art_2

halkigirl wrote: »

Hi, I recently got a new contract mobile phone. I specifically requested that the phone should have voice activated dialling and the manager showed me one which he said had that feature. However, I found out a couple of days ago that the phone does not have voice activated dialling and, after a conversation with customer services I was assured that I could go back to the shop in question and cancel the contract. I should mention that the contract is due to start on 21 March. However, when I got back to the shop, the manager said I could not cancel the contract under any circumstances. Even telling him that I had been mis-sold the phone and that the customer services department had told me that I could cancel made no difference.

I'm quite happy to name and shame the company concerned but at the moment, I'm more interested in finding out what I can do to cancel my contract, which I feel I am entitled to do as I don't think that the store should be able to completely ignore it's own customer services department. Can anyone help???

You specifically stated you wanted voice activation and it has not been provided. The phone is not, therefore, fit for purpose. If this can't be resolved with the shop and customer service then you should go to the Small Claims Court. Put your complaint in writing and send it recorded delivery with a copy to head office.

Regards,
Art.

Aldworth2007

Hiya

I really hope you can offer some advice...

I recently googled Wii remotes as wanted to get 2 more & ebuyer came up as having them at £21.99 so clicked thru thinking wow that's a good price - checked out the page & there clear as day was a pic of an official Nintendo one & all the spec checked out too so (admittedly I was in a bit of a hurry) I ordered 2 BUT then when they arrived they weren't official ones at all but some imitation by a company called NJoy. Checked back on the website & the only mention of Njoy was in a small title at top of page BUT definitely picture was of Official product. Very narked at this so rung them saying I was v disappointed & felt misled etc to be told by chap that they would take them back but I'd have to pay postage as I'd selected the wrong product & that they'd made it clear enough!!! Yeah right! He wouldn't budge at all & claimed it was all legal & above board. Hence NOT HAPPY - can they really get away with this???:mad:

I didn't want to pay over £5 to return them so have reluctantly kept them as my kids were desperate to play with their friends (which is why we wanted extra in the first place!) - theremotes seem to work ok at the moment although the batteries that came with them died after one day. I have subsequently read some reviews on this product & have found that generally they do not match up against the official ones & people have not been happy with them & thinking about it £21.99 is not cheap for a non-official product!!!!

All in all I feel cheated & ripped off - have ebuyer really acted within the law??? I was mislead & would be interested to know my options/rights.

Please help!

Many thanks

Michelle

derrick

1978carter wrote: »

I purchased a few items from an internet martial arts site but returned all of them. Upon refunding me I have been charged a "restocking fee" of 10% of the total order and postage. I have checked their terms and conditions and it does stat that they we charge a fee.

Are companies allowed to charge such fees?

Cheers

Art wrote: »

If it's clearly stated in the T&Cs then they are allowed to charge a restocking fee.

Regards,
Art.

Not if returned under DSR! A companys T&Cs do not override the law.

From Consumer Direct; -
3. Know your distance selling rights

• check your cancellation rights before making a purchase: under the Distance Selling Regulations you can get a full refund on many products if you cancel within seven working days after the day of receipt
• if returning goods you are entitled to a refund of the original delivery cost but check the terms and conditions to see who will cover the cost of returning them
• traders are not allowed to deduct a restocking charge or administration fee for returned goods
• if you wish to cancel, you must take reasonable care of the goods you are returnin
• check and keep all receipts, order confirmations and correspondence
• goods should be delivered within 30 days after date of order, unless you agree to a different delivery timeframe
• complain to the trader if you have a problem shopping online
• contact Consumer Direct if the trader does not resolve your problem

From the OFT 3.55 page 27 ; -

3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

derrick

Aldworth2007 wrote: »

Hiya

I really hope you can offer some advice...

I recently googled Wii remotes as wanted to get 2 more & ebuyer came up as having them at £21.99 so clicked thru thinking wow that's a good price - checked out the page & there clear as day was a pic of an official Nintendo one & all the spec checked out too so (admittedly I was in a bit of a hurry) I ordered 2 BUT then when they arrived they weren't official ones at all but some imitation by a company called NJoy. Checked back on the website & the only mention of Njoy was in a small title at top of page BUT definitely picture was of Official product. Very narked at this so rung them saying I was v disappointed & felt misled etc to be told by chap that they would take them back but I'd have to pay postage as I'd selected the wrong product & that they'd made it clear enough!!! Yeah right! He wouldn't budge at all & claimed it was all legal & above board. Hence NOT HAPPY - can they really get away with this???:mad:

I didn't want to pay over £5 to return them so have reluctantly kept them as my kids were desperate to play with their friends (which is why we wanted extra in the first place!) - theremotes seem to work ok at the moment although the batteries that came with them died after one day. I have subsequently read some reviews on this product & have found that generally they do not match up against the official ones & people have not been happy with them & thinking about it £21.99 is not cheap for a non-official product!!!!

All in all I feel cheated & ripped off - have ebuyer really acted within the law??? I was mislead & would be interested to know my options/rights.

Please help!

Many thanks

Michelle

If they stated in their T&Cs that the consumer has to pay return P&P then they are within the law, see my post #2139 above for Consumer Direct

Aldworth2007

Thanks for the speedy reply Derrick - I appreciate that they probably have covered that off in their T's & C's BUT are they within the law to use misleading photos within their website?! If they used a correct photo of the actual non-official item I would have never made the mistake in the first place. Failing that then surely there should be some disclaimer stating that the product may vary from that illustrated?!

Regards Michelle

derrick

Aldworth2007 wrote: »

Thanks for the speedy reply Derrick - I appreciate that they probably have covered that off in their T's & C's BUT are they within the law to use misleading photos within their website?! If they used a correct photo of the actual non-official item I would have never made the mistake in the first place. Failing that then surely there should be some disclaimer stating that the product may vary from that illustrated?!

Regards Michelle

If it is still up there, ( or you grabbed a screen shot), you may have some remedy via Trading Standards, as they are responsible for policing websites, ( don't bother with the ASA as they do not have any remit over websites).

You could try giving Consumer Direct a call; -

Consumer Direct is designed to operate from our 0845 number, so we cannot guarantee connectivity, but under many circumstances these landline numbers will work correctly.
East of England: 01438 737460
East Midlands: 01522 563000
London: 020 8799 9200
North-East: 01642 495600
North-West: 01229 842203 020 31035167
Scotland: 01851822401
South East: 01622 626520
South West: 01209 720333
Wales (English language): 02920 367800
Wales (Welsh language): 02920 367801
West Midlands: 02476 786610
Yorkshire and the Humber: 0113 201 3670
Consumers who call ConsumerDirect from a mobile phone are handled personally. We willoffer to text a landline number to consumerswho call us from a mobile phone, and who live in an area that is served by Consumer Direct, because calls from mobile phones to 0845 numbers can be much more expensive.


Website address for above; - http://www.consumerdirect.gov.uk/about/how-we-help/

Aldworth2007

derrick wrote: »

If it is still up there, ( or you grabbed a screen shot), you may have some remedy via Trading Standards, as they are responsible for policing websites, ( don't bother with the ASA as they do not have any remit over websites).

You could try giving Consumer Direct a call; -

Consumer Direct is designed to operate from our 0845 number, so we cannot guarantee connectivity, but under many circumstances these landline numbers will work correctly.
East of England: 01438 737460
East Midlands: 01522 563000
London: 020 8799 9200
North-East: 01642 495600
North-West: 01229 842203 020 31035167
Scotland: 01851822401
South East: 01622 626520
South West: 01209 720333
Wales (English language): 02920 367800
Wales (Welsh language): 02920 367801
West Midlands: 02476 786610
Yorkshire and the Humber: 0113 201 3670
Consumers who call ConsumerDirect from a mobile phone are handled personally. We willoffer to text a landline number to consumerswho call us from a mobile phone, and who live in an area that is served by Consumer Direct, because calls from mobile phones to 0845 numbers can be much more expensive.


Website address for above; - http://www.consumerdirect.gov.uk/about/how-we-help/

Thanks for the advice Derrick - I have now spoken to a very helpful chap at Consumer Direct who has agreed to report it to Trading Standards to be investigated as misleading. We wouldn't be able to get a refund now as we have 'accepted' the products by actually using them which I understand but I don't think they should be allowed to carry on misleading people in this way so hopefully this will put a stop to it.

I will obviously never use ebuyer.com again & would urge anyone reading this to approach them with caution;)

Thanks again & I will let you know if I hear anymore about this:T

Regards

Michelle

arjang_2

hi
i bought a tv monitor last december. due to the product faulty i sent it back to get it repaired. unfortunately, after one month i was informed that was not repairable therefore i was entitled to a replacemnet of the same or equivalent product. the retailer rejects to provide me with a replacement as it does not have the same product and the other products with the equivalent specifications cost about £100 more.

i would appriciate any legal advice.