Consumer Rights: MoneySavingExpert.com discussion

Smiley_Mum

I was contacted last night and they informed me that a new trolley bag had been put in the post and should be with me by Monday. We shall see what happens. Thanks everyone for taking the time to respond to my post, much appreciated.

always_running

:mad:To try to cut this down what can i do now?

[FONT=Century Gothic, sans-serif]I simply went into this Bristol optical branch on 31/01/2010 with broken spectacles and have now on Still [/FONT]
[FONT=Century Gothic, sans-serif][/FONT]
[FONT=Century Gothic, sans-serif] have two pairs of uncomfortable spectacles that I wear as little as possible.[/FONT]

After much messing about they have now said no refund even though they offered to and can not get a replacement for my main pair .This cost me nearly £300 they are refusing a refund .

What can i do?

always_running

If i am in the wrong bit please move me

Art_2

You're not giving us any sensible information to help you. Please give us clear details of your problem.

Regards,
Art.

always_running

Sorry i have a whole log what do you need to know?

SimonSimple_2

Dear Art and other experts,

I may well be asking a regular question but after reading pages and pages from 2006 I haven't yet a satisfactory understanding..

I bought a Snooper Truckmate navigator as I'm a coach driver. I received it yesterday and tried it out. I paid £340 for it with Europe wide mapping. After a couple of hours use I was very disappointed, I didn't like it and felt it was way below par with what Garmin produce. Yes it warns LGV drivers of low bridges and width restrictions and routes around but I find the performance of the unit so "tacky" for want of a better word, I would rather use a regular Garmin, which I found far more user friendly, and use my own brain to avoid obstacles for my route in an LGV vehicle.

Is it reasonable to return an used item for a full refund citing disappointment with its performance(in other words I dont like it). And, however, there is a small fault that the headphones socket does not work properly. Also does it matter that the packaging was of poor quality and that if I were to be able to claim full refund it would be impossible to send in original packag...

Simon

custardy

always_running wrote: »

Sorry i have a whole log what do you need to know?

you dont say what the problem with the glasses are?
what steps you have taken so far with the store/company?

custardy

SimonSimple wrote: »

Dear Art and other experts,

I may well be asking a regular question but after reading pages and pages from 2006 I haven't yet a satisfactory understanding..

I bought a Snooper Truckmate navigator as I'm a coach driver. I received it yesterday and tried it out. I paid £340 for it with Europe wide mapping. After a couple of hours use I was very disappointed, I didn't like it and felt it was way below par with what Garmin produce. Yes it warns LGV drivers of low bridges and width restrictions and routes around but I find the performance of the unit so "tacky" for want of a better word, I would rather use a regular Garmin, which I found far more user friendly, and use my own brain to avoid obstacles for my route in an LGV vehicle.

Is it reasonable to return an used item for a full refund citing disappointment with its performance(in other words I dont like it). And, however, there is a small fault that the headphones socket does not work properly. Also does it matter that the packaging was of poor quality and that if I were to be able to claim full refund it would be impossible to send in original packag...

Simon

did you order it online/mail order?

SimonSimple_2

I ordered it online

derrick

SimonSimple wrote: »

I ordered it online

Then you have the right to return without reason by giving them notice within 7 WORKING days beginning with the day after delivery, they cannot insist on original packaging being returned.They have to refund ALL costs, including original delivery costs, return P&P will be payable by you IF they informed you of such prior to acceptance of contract.

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


From page 17; -
What cancellation rights do consumers have?
3.22 The stage at which you provide your consumers with the required written information (see paragraph 3.10) will affect when the cancellation period ends.

3.23 Where the DSRs give consumers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded. Unlike when buying from a shop, the first time that a consumer will typically have an opportunity to examine goods purchased by distance means is when they receive them. The DSRs give consumers who buy by distance means more rights than consumers who shop in person. When a distance consumer cancels a contract to which the cancellation provisions apply they are entitled to a refund of any money they have paid in relation to the contract even if the goods are not defective in any way. Please also see paragraph 3.46 for further information.

From page 18; -
The time limits for cancellation are as follows.
For goods:
[FONT=&quot] 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[/FONT]


From page 25
What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre- payment made including the cost of delivery. The essence of, distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.


From page 27; -
Who pays for returning the goods if the consumer cancels an order?
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.

3.56 If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.


From page 28; -
Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession as discussed in paragraph 3.44. The DSRs allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

How can I resell the goods as new if they have been opened and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel on this point. Unless one of the specific exceptions referred to above at paragraph 3.38 applies, consumers can exercise their right to cancel a contract and return the goods to you. The DSRs do not link cancellation rights with a supplier’s ability to resell items as new.



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