Consumer Rights: MoneySavingExpert.com discussion

Art_2

arumiat wrote: »

I bought a desk lamp from Officegiant and received it through the other day. However I am not happy with it for 2 reasons
1. the description states that the lamp is titanium however the housing for the bulb is a cheap plastic
2. it has a tacky blue plastic on the housing that isn't at all clear from the picture and is distracting and ugly looking

This is their returns policy

Returns Information
If you wish to return an item - you can do this within 7 days of receipt of the item. It must be unopened and in perfect condiiton. If you are not happy with the goods you have purchased for any reason, please email [EMAIL="returns@officegiant.co.uk"]returns@officegiant.co.uk[/EMAIL]. Our customer services team will take you through our returns procedure.

When returning goods to us they must be returned upopened and in the condition in which they left our warehouse.

Upon receipt of the goods we will arrange a credit or exchange. The risk of damage to any goods you return to us will remain with you until the product(s) have been delivered to our premises and accepted by us at those premises.

Refunds are processed within 14 days from the date of collection.If you wish to arrange a return - please contact us.


Id like to return the lamp but would rather exchange it for another on the site. Of course the packaging has been opened but that literally means that all Ive done is to have cut through some sellotape, I couldnt have noticed these things without doing that. The fluorescent bulb is still in its separate packaging, it clearly has not been used but from the wording of their returns policy it seems I have 'breached it'. I have sent two emails to their returns department but have heard nothing back. Before I ring them I wanted to know my rights, which Im hoping that someone could fill me in on.

Thanks in advance

You don't make it clear but it looks like you bought this over the internet. If so you are protected under the distance selling regulations. Simply tell them you are not happy with the product and want a replacement or refund.

Regards,
Art.

arumiat

Art. thankyou, yes it was over the internet.
Where does this leave me with regard to return P&P and re: approaching it do I simply 'demand' a refund/exchange quoting the distance selling regulations?

I just had a look at the regulations on the OFT site.. so do distance selling regulations still apply where the seller has put their own T&Cs on their website Im not 100% on my position.

Thanks again Taimur

Art_2

arumiat wrote: »

Art. thankyou, yes it was over the internet.
Where does this leave me with regard to return P&P and re: approaching it do I simply 'demand' a refund/exchange quoting the distance selling regulations?

I just had a look at the regulations on the OFT site.. so do distance selling regulations still apply where the seller has put their own T&Cs on their website Im not 100% on my position.

Thanks again Taimur

You are entitled to have your post and packing charges refunded.

Simply ask for the item to be replaced as you are exercising your rights under the distance selling regs.

Suppliers cannot limit your legal rights with their own terms and conditions.

If the supplier is a reputable one he will be aware of his obligations and you should have no problems with him.

Regards,
Art.

leeyaa_2

Hi ,hope some1 can help me ,i recently bought at brand new bike ,it went in for it first service a week ago ,when i was washing it today ive notice a crack on the lower fairing which is right infront of the oil filter ,which they did , going to go down and moan at them this weekend but was wondering if any1 could tell me what my rights are ,i know for sure ive not done it and they only way i has happened is at the time of its service , i know i cant prove it but ive spent a lot of money on this bike and dont expect it to be damaged this way after they have serviced it (bought from the main dealer and serviced by them aswell )

any advice is much appreciated

monkfish_3

hi hope someone can help,

we have a jacuzzi with a 12 month warranty, it went wrong so after paying the manufacturer £50 warranty replacemnt cost for "transportation" they dropped off a new heater unit but failed to collect the broken one. I said to the guy at the time do you want to take this and he said no someone else will come to pick it up. This was 6 months ago and still no one came to pick it up so it went in the bin about 3 months ago. Today i get a call from the company saying they want to pick up the old broken unit and if they can't the want to invoice me £500 for it!!

anyone know where i stand on this? surely they should be paying me storage rent when they couldn't be bothered to pick it up.

Art_2

leeyaa wrote: »

Hi ,hope some1 can help me ,i recently bought at brand new bike ,it went in for it first service a week ago ,when i was washing it today ive notice a crack on the lower fairing which is right infront of the oil filter ,which they did , going to go down and moan at them this weekend but was wondering if any1 could tell me what my rights are ,i know for sure ive not done it and they only way i has happened is at the time of its service , i know i cant prove it but ive spent a lot of money on this bike and dont expect it to be damaged this way after they have serviced it (bought from the main dealer and serviced by them aswell )

any advice is much appreciated

Initially go to the dealer and point out the problem. It may be that they will accept responsibility for the problem.

If not tell them that you will take them to the Small Claims Court.

Regards,
Art.

Art_2

monkfish wrote: »

hi hope someone can help,

we have a jacuzzi with a 12 month warranty, it went wrong so after paying the manufacturer £50 warranty replacemnt cost for "transportation" they dropped off a new heater unit but failed to collect the broken one. I said to the guy at the time do you want to take this and he said no someone else will come to pick it up. This was 6 months ago and still no one came to pick it up so it went in the bin about 3 months ago. Today i get a call from the company saying they want to pick up the old broken unit and if they can't the want to invoice me £500 for it!!

anyone know where i stand on this? surely they should be paying me storage rent when they couldn't be bothered to pick it up.

Not a simple one I'm afraid. Before disposing of the unit you should have written to the company giving them notice that if the unit wasn't picked up you would dispose of it.

The best you can do is tell them that you assumed they didn't want the unit because they hadn't picked it up and see if they will accept your comments.

Incidentally, under the 12 month warranty you should not have been charged for the initial repair. It is up to the company to repair the unit at their cost.

Regards,
Art.

ceepsprice

From the beginning!...
A year or 2 ago we signed up to a company called channel.com which was a mail order dvd and cd company based on the internet. We signed up to a deal whereby we received some free dvd's but hen had to buy 3 dvds over the next 12 months, 1 at least every 3 months. This all went swimmingly and we fulfilled our obligation and at the end of it I sent an email saying that our terms were over and we no longer wanted dvd's sent to us. In the mean time the company changed to musicandfilm.co.uk, the problem is now about 3 months ago we received a dvd that we had not ordered (sent to my wifes mothers address as that is the address we put on when we signed up), I imagined that my wife had made a mistake and that we were receiving a dvd that had accidentally been ordered and that it would be direct debited to our account. I thought nothing more about it until yesterday another dvd turned up! Because of this I blamed my wife for not having cancelled our order etc and started to look into it a bit further. I went on the internet and signed in with my login details to our account and checked my account history, it said that the last dvd i recieved had been sent on 30/10/2006 and that my account balance was £0.00. I checked everywhere to try and find where the obligation to have these dvd's sent to my house were and there isn't one anywhere, under my member agreement it says "Your agreement:
Your next order, minimum amount £8.99, must be placed before 06/11/2006". When looking closely at the member account numbers on the internet and on the letters I saw that they were different, my internet contains 12 digits, whilst the letter contains 10 digits, the account numbers were identical apart from 2 extra digits after the first digit! I then tried to register a new account on the internet with the account number from the letter, however the computer said that I needed 12 digits not 10.
The upshot of all this is am I liable to pay for these dvd's? Can I keep them without paying for them as it is there mistake ( I am sure i read somewhere that it is the company's responsibility for collecting goods sent incorrectly and it is not up to the customer), should i phone the company and tell them of their mistake and perhaps get charged or shall i stay quiet and wait to see what happens, if they send reminders of payment etc perhaps i could then phone and say that they have made a mistake? (I would quite like to watch Casino Royale, the dvd they have sent me, but i don't want to pay £18 for it!!)

Sorry its a bit of a long tale, but i thought it best to mention everything to get an informed response!!!

Art_2

ceepsprice wrote: »

From the beginning!...
A year or 2 ago we signed up to a company called channel.com which was a mail order dvd and cd company based on the internet. We signed up to a deal whereby we received some free dvd's but hen had to buy 3 dvds over the next 12 months, 1 at least every 3 months. This all went swimmingly and we fulfilled our obligation and at the end of it I sent an email saying that our terms were over and we no longer wanted dvd's sent to us. In the mean time the company changed to musicandfilm.co.uk, the problem is now about 3 months ago we received a dvd that we had not ordered (sent to my wifes mothers address as that is the address we put on when we signed up), I imagined that my wife had made a mistake and that we were receiving a dvd that had accidentally been ordered and that it would be direct debited to our account. I thought nothing more about it until yesterday another dvd turned up! Because of this I blamed my wife for not having cancelled our order etc and started to look into it a bit further. I went on the internet and signed in with my login details to our account and checked my account history, it said that the last dvd i recieved had been sent on 30/10/2006 and that my account balance was £0.00. I checked everywhere to try and find where the obligation to have these dvd's sent to my house were and there isn't one anywhere, under my member agreement it says "Your agreement:
Your next order, minimum amount £8.99, must be placed before 06/11/2006". When looking closely at the member account numbers on the internet and on the letters I saw that they were different, my internet contains 12 digits, whilst the letter contains 10 digits, the account numbers were identical apart from 2 extra digits after the first digit! I then tried to register a new account on the internet with the account number from the letter, however the computer said that I needed 12 digits not 10.
The upshot of all this is am I liable to pay for these dvd's? Can I keep them without paying for them as it is there mistake ( I am sure i read somewhere that it is the company's responsibility for collecting goods sent incorrectly and it is not up to the customer), should i phone the company and tell them of their mistake and perhaps get charged or shall i stay quiet and wait to see what happens, if they send reminders of payment etc perhaps i could then phone and say that they have made a mistake? (I would quite like to watch Casino Royale, the dvd they have sent me, but i don't want to pay £18 for it!!)

Sorry its a bit of a long tale, but i thought it best to mention everything to get an informed response!!!

Send a recorded delivery letter to their head office telling them you have not ordered the DVDs nor do you want them. Tell them that you do not want any further DVDs from them and you do not intend to pay for the ones they have sent unsolicited.

Tell them that if they want the DVDs back you will hold them for 14 days and they should send appropriate pre-paid packages for you to return them.

Ask them to confirm in writing that you will not be harassed by them with any more DVDs. keep a copy of all letters sent to them - you may need them.

Finally, if you were paying by direct debit inform your bank not to pay anything to them.

As a matter of interest you can get casino Royale for £10.99 in a number of retailers.

Regards,
Art.

Robothell

Robothell wrote: »

Perhaps not the right forum for this question - if not please point me in the right direction.

I recently ordered a Sat Nav from Tesco direct online for £50 (including £5 delivery charge) as past of their bank holiday deals. However, instead of ..........keep them without being charged and if not, do I have a right to some sort of remuneration for series of mistakes Tesco have made?

To update......

Took advice here and arranged collection with Tesco last week. Gave a four hour window in which they could collect them and gave the option of leaving them at my front door like the courier did but stipulating that I couldn't guarantee they'd be safe. They opted for the four hour window. Guess what?.........the courier never turned up. I've emailed them again and offered a second collection.

My question is this......at what point have I done enough? I'm getting sick of chasing them to correct their own mistake which, at the end of the day, is in their interest and not mine. I'm thinking if they don't turn up this time I'll tell them they will be sitting on my drive from 0830 some Monday morning and if they want them before someone decides to take them they can come and get them.

Any opinions greatly appreciated.