Consumer Rights: MoneySavingExpert.com discussion

hayley11

While it might seem wrong and a bit dodgy, it probably isn't. They possibly only have a set amount to sell at this reduced price. Maybe they got an offer from their supplier?

The rules when buying online are different to buying in a shop, they don't have to honour the price, as long as they tell you the correct price before they send it to you, then they are well within their rights to cancel any order.

So no I don't think you could argue to get the lower price, sorry

bbelt

of course its legal

a website is whats called "an invitation to treat"

its not an offer to contract

shailesh

Hope someone can help pretty quickly. I purchased a Velux skylight at a builders merchants and it was delivered a week later. It's a metre by metre and the delivery guy helped to put it in the garage.

I thought I was being clever ordering it a little early before my builder turned up. 10 days later he opens the packaging to find a crack in the glass.

The merchants terms state they have to be told in 3 days of delivery of any problems. As there was a hole in the roof by the time the problem was discovered the builder was advised by the merchant to take out the glass and fit the rest of the skylight (we got this in writing from them). Velux say this is against their warranty terms and conditions and so they are not willing to just replace the glass.

Velux have compromised to pay half the cost of the glass, and the merchant to pay the rest. The merchant has refused, one person there proposed to go half on the rest, but when I questioned him about that he gave it to the manager who refused even that.

I have asked to speak to someone higher up, but what should I pay or not pay? The merchant has their 3 day term, but was it unreasonable for us to leave it packed for the builder?

Should I be expected to pay anything at all? I remember the delivery guy taking it off the van and rolling it on its side a few times first being lifting it with me.

Art_2

shailesh wrote: »

Hope someone can help pretty quickly. I purchased a Velux skylight at a builders merchants and it was delivered a week later. It's a metre by metre and the delivery guy helped to put it in the garage.

I thought I was being clever ordering it a little early before my builder turned up. 10 days later he opens the packaging to find a crack in the glass.

The merchants terms state they have to be told in 3 days of delivery of any problems. As there was a hole in the roof by the time the problem was discovered the builder was advised by the merchant to take out the glass and fit the rest of the skylight (we got this in writing from them). Velux say this is against their warranty terms and conditions and so they are not willing to just replace the glass.

Velux have compromised to pay half the cost of the glass, and the merchant to pay the rest. The merchant has refused, one person there proposed to go half on the rest, but when I questioned him about that he gave it to the manager who refused even that.

I have asked to speak to someone higher up, but what should I pay or not pay? The merchant has their 3 day term, but was it unreasonable for us to leave it packed for the builder?

Should I be expected to pay anything at all? I remember the delivery guy taking it off the van and rolling it on its side a few times first being lifting it with me.

You should not be expected to pay anything. The item was delivered damaged and is therefore not fit for purpose.

Your contract is with the retailer and not the manufacturer. Write to them, recorded delivery, telling them you will go to the Small Claims Court if they don't deal with your problem within 7 days. If they are part of a group send a copy to their head office.

I assume the unit cost more than £100 so if you paid with a credit card copy your card company in on the correspondence and tell them they are equally liable.

Regards,
Art.

shailesh

Art wrote: »

You should not be expected to pay anything. The item was delivered damaged and is therefore not fit for purpose.

Your contract is with the retailer and not the manufacturer. Write to them, recorded delivery, telling them you will go to the Small Claims Court if they don't deal with your problem within 7 days. If they are part of a group send a copy to their head office.

I assume the unit cost more than £100 so if you paid with a credit card copy your card company in on the correspondence and tell them they are equally liable.

Regards,
Art.

Thanks for the reply.

The skylight cost over £450 so was paid for by my credit card. Their main argument is the item on their terms and conditions that says any damage has to be reported within 3 days, that is my main worry.

Is the situation the same?

Tozer

shailesh wrote: »

Thanks for the reply.

The skylight cost over £450 so was paid for by my credit card. Their main argument is the item on their terms and conditions that says any damage has to be reported within 3 days, that is my main worry.

Is the situation the same?

The condition cannot take away or alter your statutory rights. As the item is faulty, your rights remain.

Art_2

shailesh wrote: »

Thanks for the reply.

The skylight cost over £450 so was paid for by my credit card. Their main argument is the item on their terms and conditions that says any damage has to be reported within 3 days, that is my main worry.

Is the situation the same?

You inspected it in a reasonable time so that is not a problem for you.

Regards,
Art.

su4stu

I bought an xbox 360 wireless controller from dvd.co.uk on the 20th November last year, for my sons Christmas. It has stopped working altogether so I emailed the company asking for a replacement controller.They first said it was outwith their 28 day warranty, they couldn't help me, and suggested I contact microsoft. I emailed them again reminding them that my contract is with them not microsoft, to which they have replied that "It is our policy not to refund or replace items that were dispatched more then 6 months ago". I am aware that it is up to me to prove that the goods were faulty at time of sale, after 6 months, and wonder if anyone can help me in how to go about doing this. My son hasn't used the controller very often and I know that he didn't misuse it (He has autism and guards his things with his life!) I know it only cost £20 odd but I thought it would last longer that this.

rebel_scum

Hey, I'm a first time poster and I wondered if anyone could help me. I ordered a DVD boxset, Gundam Wing Complete Collection (10 discs) from a seller on Play. It normally retails at £70-£90, but the seller was selling it for £2.48, free delivery. After waiting for 7 days there was still no sign of it arriving in the post. I contacted the seller who told me:

"Thank you for the email.

On reviewing the orders which were not despatched, you order appears on the
list due to a problem during packaging. When your order was being packaged we noticed the discs were rattling loose inside the box.

When we checked the discs we noticed that 3 of them were badly scratched and
were not suitable for sending.As it was the last copy in stock I have placed an order for this from our supplier to replace the faulty product, but unfortunately it has not arrived Yet and I cannot confirm if more stock will arrive in the near future. Would you prefer to cancel and I'll issue a refund or are you happy to wait until more stock arrives?

Let me know, I am very sorry for the delay in sending out your order and for
not contacting you sooner."

I was just wondering is there anything I can do to ensure that I actually get my DVD boxset at the agreed price without having to wait indefinately for it to come back in stock, as I'm unsure if the seller is trying to worm out of giving me the product at the advertised price. Just to confirm the seller did take payment from my card. Thanks, and sorry if I've posted in the wrong thread.

Art_2

rebel_scum wrote: »

Hey, I'm a first time poster and I wondered if anyone could help me. I ordered a DVD boxset, Gundam Wing Complete Collection (10 discs) from a seller on Play. It normally retails at £70-£90, but the seller was selling it for £2.48, free delivery. After waiting for 7 days there was still no sign of it arriving in the post. I contacted the seller who told me:

"Thank you for the email.

On reviewing the orders which were not despatched, you order appears on the
list due to a problem during packaging. When your order was being packaged we noticed the discs were rattling loose inside the box.

When we checked the discs we noticed that 3 of them were badly scratched and
were not suitable for sending.As it was the last copy in stock I have placed an order for this from our supplier to replace the faulty product, but unfortunately it has not arrived Yet and I cannot confirm if more stock will arrive in the near future. Would you prefer to cancel and I'll issue a refund or are you happy to wait until more stock arrives?

Let me know, I am very sorry for the delay in sending out your order and for
not contacting you sooner."

I was just wondering is there anything I can do to ensure that I actually get my DVD boxset at the agreed price without having to wait indefinately for it to come back in stock, as I'm unsure if the seller is trying to worm out of giving me the product at the advertised price. Just to confirm the seller did take payment from my card. Thanks, and sorry if I've posted in the wrong thread.

It looks as if the seller is trying to get out of supplying the DVDs. You can wait to see if they are eventually supplied or ask for your money back. Nothing else you can do.

Regards,
Art.