Consumer Rights - Returning Faulty Goods

24seven

A Question if anyone could help please. (hope it's the right place to ask)

Ordered a PC (bare bones) for a Xmas present for one of my Boys

It was DOA

Reported the fault straight away, company refused to help unless I covered the return postage cost, I pointed that the goods are "Faulty" which means they have to cover the costs of return, they again refused to help if I did not follow their RMA procedures, infact they said this would be the last time they would even enter into correspondence on the matter.

A Quote from their RMA T&C's

The customer will be responsible for all carriage cost incurred whilst returning the faulty goods to *****. And for the customers that are not in the UK mainland will bare the cost of return (both ways) carriages of RMA goods.

I have this all via email, is the above an Unfair Contract Term

RightRevBod

Hopefully you paid by credit card.

If so, just call your card company and tell request them to do a chargeback. If the goods are over £100, the credit card company are jointly responsible with the retailer for the goods.

Also send a recorded delivery letter to the retailer informing them that if the faulty goods are not collected within 7 days, you will invoice them for storage charges at say £10 per week or part thereof.

RightRevBod

BTW - Do you want to name and shame the company?

b44rch

A slightly different scenario:
I ordered a videocard for my computer, but the one I received is different from the description on the website and as stated on my order confirmation. I've sent the company an email, and they've advised me to RMA it for a refund. Obviously this would mean incurring postage costs...

What would be the best thing to do? (I paid by credit card)

star1_2

In the latter case (of the Video card not being the one you actually purchased from the description) - "Sale of Goods act 1979, miss-descriptions", if a product is not as described just point this out to them and tell them they are not permitted to make any deductions (P&P or otherwise).

In the initial case (trying to getout of P&P), I'm in a similar situation with an on-line seller, after exgaustive investgation both with Consumer Direct, a family member who's a lawyer and my local Trading Standards they have told me that (regardless of what a seller puts into their T&C's) they are not entitiled to make any deductions what-so-ever when goods sold do not meet the sales of goods act legislation. In your (and my case), they failed.

The only time a company can retain or expect a person to pay P&P is where they have an exchange/return policy when they are (as an act of goodwill) are prepared to accept un-wanted goods back.

As soon as my matter gets a little futher - I will have great joy in "naming and shaming" the company I have the issue with .... to warn all MSE's of the risk they run when making a purchase with them !!

RufusA

Did a quick google on the offending T&C and stumbled across their website - do they begin with G ?

IMHO their T&Cs are contrary to the Sale of Goods Act, and as they are trying to reduce your statutory rights, this would be in breach of the unfair contract terms, so liable to prosecution:

http://www.shef.ac.uk/law/research/icls/documents/soga/SoGA_new.doc

SOGA wrote:

PART 5A ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES

48A Introductory.
(1) This section applies if—
(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b) the goods do not conform to the contract of sale at the time of delivery.
(2) If this section applies, the buyer has the right—
(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b) under and in accordance with section 48C below—
(i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii) to rescind the contract with regard to the goods in question.
(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
(4) Subsection (3) above does not apply if -
(a) it is established that the goods did so conform at that date;
(b) its application is incompatible with the nature of the goods or the nature of the lack of conformity.

48B Repair or replacement of the goods.
(1) If section 48A above applies, the buyer may require the seller—
(a) to repair the goods, or
(b) to replace the goods.
(2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a) impossible, or
(b) disproportionate in comparison to the other of those remedies, or
(c) disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below

Would suggest you ask them politely by phone stating you intend to reject the goods, asking them to agree to cover return postage costs under Soga section 48B. If they still refuse then notify your local Trading Standards. IMHO they are also probably in breach of the Distance Selling Regulations as there is no mention of a 7 day right to inspect goods, and return for a full refund.

YMMV - Rufus.

goody2

Hey b44rch

I returned an item to Simply Games last week .

I rang them for a RMA number and they gave me a FREEPOST address so I did not pay anything postage.

Alternatively ask them to send you a prepaid label

24seven

Thanks very much for the info.

The total cost less postage was less than £100, so could I still do anything with the Credit Card company. E.G payment into dispute?

I will not name them at the moment, but will update this thread with what happens. (RufusA, I think you are right)

I sent it back yesterday at my expense, on the theory that is was better to fight over the £12.50 than the total cost, plus my young lad wants his Xmas present, I have kept all receipts for postage costs and all correspondence.



The company does know I'm not happy.

What does worry me slightly, is what happens if they claim that the item is not faulty, it would be easy to fix said problem and claim it was never there.

24seven

As a feared the company claims there is not a fault and now wants

£23.50 to return the goods to me.

I have now put the payment into dispute with my credit card company and await the outcome.

It's going to end up with my word against theirs in the end though

I bought two Shuttles off them, I have two of everything to build the shuttles, chips, ram GFX's etc.

One worked fine and the other was faulty, this was reported 2 days after receiving the products, as I had two sets of everything, it was easy to prove that it was the shuttle at fault by swapping around components.

biglugs

This sounds like Aria or Ebuyer to me! I've had similar RMA problems with defective memory chips which they claimed were OK and kept charging me the return postage each time I sent it back. In the end I threw the chip away and vowed not to buy from Aria ever again.

24seven

No it's https://www.gemma.co.uk

Here are the RMA T&C's

http://www.gemma.co.uk/gemma_rma_form.asp

and they do not ever mention the Distance Selling Regulations either on their site or via the email conformation. (Thanks RufusA for point that out)

The free of charge pick up & return flashing banner also never mentioned "for resellers only" until I told them about it.