Consumer Rights: MoneySavingExpert.com discussion

rev_henry

Okayy just had the following correspondence with cdiscount:

Dear Sir or Madam,

I wish to return the Magellan 1200 Sat Nav I ordered from you, under the distance selling regulations, as having tried it out I have decided it does not suit my needs. I would like to exchange for the more expensive Navman S50, and you will note I have a coupon for the difference in my account. Your website states that returned goods must be in their original sealed packaging, however I have already opened the box to try out the item. I believe I am still within my rights to return the item under the DSRs, as the Regulations give me the same right to inspect goods as I would be able to in a shop. In a shop I would be able to try out the sat nav, however to do this with the sat nav I ordered from yourselves I obviously had to open the box and use the item to see if it was suitable. I therefore request that you provide an RMA code for me to return the item.

And they replied:
Thank you for your email.

Unfortunately we are unable to take back your product as set out in our terms and conditions it is no longer in the condition that it was sent out and you have also used the item. There is no fault with the item and as it does not meet the requirements for our returns of unwanted goods we will not be able to take the item back.

Please accept our apologies for any inconvenience caused.


Kind regards

Customer Services Team
Cdiscount

What can I do now?

EDIT: I've just replied copying and pasting that OFT guide to them, and explaining my position. Who should I go to next? Consumer direct/trading standards?

Art_2

userno1 wrote: »

Hi,

I attended the Oasis concert at Heaton Park, where attendees were offered refunds by Oasis due to technical problems. Refunds were available to people who returned their tickets along with a form by the 12th of July. I completed the form and returned it within the time frame (sent special delivery). I have not yet received a refund and am having difficulty contacting the promoters (3 emails, no response yet). I am concerned because it said that the form had to be completed correctly and whilst there was not much that I could have got wrong, there was a section that said I had to enter the serial numbers, the tickets had 4 or 5 differnt numbers on them so I contacted seetickets who assured me that it was the main number on the front of the ticket. I filled it in and sent it off but am concerned now as on some forum postings, people have used a different number as the serial number. The promoters say the refund is a gesture of goodwill, their decison is final and no correspondence will be entered into.

If they refuse my refund is there anywhere i can go fromt here? Would it be worth pursuing in the small claims court? I had 6 tickets so the refund should be for £229.00.
thanks in advance

Yes, you can use the SCC. Give them 2 weeks then write, recorded delivery, saying you are going to court as they have not actioned the refund.

Regards,
Art.

rev_henry

OK Cdiscount have just said this to me. Getting a bit silly now:

Thank you for your email.

These regulations do not apply to all items such as electrical goods and as set out in our terms and conditions the item will be used and not in the condition they were sent out to you. Therefore in this case we will not be able to take the item back.


Kind regards

Customer Services Team
Cdiscount

derrick

Art wrote: »

You should be alright. You have a right to inspect the goods and this means unpacking them. Remember under DSR you only have 7 days to return the goods. If you are exchanging for a better unit they should be pleased to help.

yes, the 7 days starts counting from the day you receive the item.

Regards,
Art.

The 7 days are working days, ( this could mean up to 14 days if for example the goods where received 1 day before Easter), and start the day after receipt of goods; -

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR[/FONT]

" From page 18; -
The time limits for cancellation are as follows.
For goods:
Provided you give your consumer the required written information no later than the time the goods are delivered, their cancellation rights end seven working days after the day on which they received the goods

From page 20; -
What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they want to cancel. This includes letter, fax or email. A phone call is not enough unless you say in your terms and conditions that you will accept cancellations by phone."

derrick

rev_henry wrote: »

Okayy just had the following correspondence with cdiscount:

Dear Sir or Madam,

I wish to return the Magellan 1200 Sat Nav I ordered from you, under the distance selling regulations, as having tried it out I have decided it does not suit my needs. I would like to exchange for the more expensive Navman S50, and you will note I have a coupon for the difference in my account. Your website states that returned goods must be in their original sealed packaging, however I have already opened the box to try out the item. I believe I am still within my rights to return the item under the DSRs, as the Regulations give me the same right to inspect goods as I would be able to in a shop. In a shop I would be able to try out the sat nav, however to do this with the sat nav I ordered from yourselves I obviously had to open the box and use the item to see if it was suitable. I therefore request that you provide an RMA code for me to return the item.

And they replied:
Thank you for your email.

Unfortunately we are unable to take back your product as set out in our terms and conditions it is no longer in the condition that it was sent out and you have also used the item. There is no fault with the item and as it does not meet the requirements for our returns of unwanted goods we will not be able to take the item back.

Please accept our apologies for any inconvenience caused.


Kind regards

Customer Services Team
Cdiscount

What can I do now?

EDIT: I've just replied copying and pasting that OFT guide to them, and explaining my position. Who should I go to next? Consumer direct/trading standards?

As I said in post 2479 above, "Their T&Cs do NOT override the law!" and the law in this case are the Distance Selling Regulations.

Click on the link and have a read though the following; -
See Statutory instrument 2000 No 2334

Section 10 "(4) A notice of cancellation given under this regulation by a consumer to a supplier or other person is to be treated as having been properly given if the consumer -
(a) leaves it at the address last known to the consumer and addressed to the supplier or other person by name (in which case it is to be taken to have been given on the day on which it was left);

• (b) sends it by post to the address last known to the consumer and addressed to the supplier or other person by name (in which case, it is to be taken to have been given on the day on which it was posted);
  
  (c) sends it by facsimile to the business facsimile number last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent); or
  
  (d) sends it by electronic mail, to the business electronic mail address last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent)."

Section 11 "(2) Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods."

deanos

Its alright quoting this and that but if a company dosent listen then i think you will need to take it further like small claims court,or get trading standards involved

derrick

deanos wrote: »

Its alright quoting this and that but if a company dosent listen then i think you will need to take it further like small claims court,or get trading standards involved

Yep, I do agree, it looks like this company are not playing ball and it will have to go to the SCC, the quotes and links are just ammunition for the consumer,if after sending them to the company, still no joy then it is legal action, though they will probably cave when the summons lands on their desk, (don't forget the court fee is payable by them if they cave before the hearing or if? they lose, which sounds like a forgone conclusion.

rev_henry

Thanks again people. Just emailed them back and told them I'm going to trading standards. It says in one of your quotes above that the item has to be sent on the same day notice of cancellation is given by email. What happens in my situation? Am I still OK?

rchatburn

Hello, after reading about 40 pages of this thread i am pretty sure i am right in what i am thinking,

Recently i purchased a graphics card from a uk company called overclockers.co.uk
after less than 28 days it developed a fault, after doing some research i found out that there is a common fault on model, i have bookmarked the links on forums including there own and sent a request for it to be returned.
i put

As this appears to be a common problem with a specific model the xfx 4850 xxxx would it be possible to select a diffrent model for replacement - or have a refund/credit towards another model?(i say towards as i will be unlikley to choose a lower priced model which would be inferiour)

they said no and sent it to be repaired, i received the repaired product and it has the same fault although its not as common so i again sent it back

i have recieved another faulty card, same problem. gpu crashing.

i have replicated this problem on another machine of similar spec, with a higher psu wattage. i know this is a known problem with the xfx 4850 xxx card and it apears the attempted repair it not work.

there is not much point in me or you sending a replacment of the same model as this is a VERY comon problem. it would be costing you and me more money if it happend again.

i would like a replacement of a different model - not the xxx edition or a refund, and i will get another card from you
.
with the 1st repair / replacment taking 2 weeks and if it happens again another, i am not willing to wait that long.

after testing the card they say it passes the tests and sent it back to me without consulting with me. i replied asking what tests they did.

Are they oligated to tell me the details of the test if i request it?

they are now going to go down the what psu are you using route cut this part short i pointed out its an approve psu to be used with this product.

now i am pretty sure i am covered under the fit for purpose clause hear and i can fight it. (which i am) but if they say they cannot replicate the problem i am not 100% sure i will win if i go down the SCC route, but would you say i would have a case for contacting Traiding standards being that my request for a replacement of a different model or a refund wasn't met, or was i not clear enough.

I also have the credit card company to contact as the next option would that be the creditor (visa) or the bank (yorkshire bank)

Thanks for the time.
Richard

derrick

rev_henry wrote: »

Thanks again people. Just emailed them back and told them I'm going to trading standards. It says in one of your quotes above that the item has to be sent on the same day notice of cancellation is given by email. What happens in my situation? Am I still OK?

No it does not, if you are referring to my post #2489 that relates to the cancellation notice not the item; - "(b) sends it by post to the address last known to the consumer and addressed to the supplier or other person by name (in which case, it is to be taken to have been given on the day on which it was posted)"

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]
From page 28; -
Whose responsibility is it to look after the goods if an order is cancelled?

3.60 Consumers have a statutory duty to take reasonable care of the goods while in their possession. Where a consumer cancels an order under the DSRs they have a duty to return the goods to you or make them available for collection. The DSRs do not require the consumer to return the goods but if the contract says the consumer must return them and they do not, you can charge them for the direct cost of
recovery.

See page 29 of same OFT guidelines for further information re returning goods..