Help with a company who won't refund on a faulty item :(

happymonday_2

Would love some advice on how to proceed with a problem I have with an internet company!

On 11th November I ordered the item from the company and it arrived in due course. Unfortunately, it was faulty, so I emailed the company, and was told that yes, I would get a refund and to return it. Which I did. I emailed them after another week to ask when my refund would be processed, to be told that the item had been checked by their experts, was not faulty and was being returned to me.

At this point I asked them not to return it, because despite what they said, I know it was faulty and therefore was requesting a refund under Distance Selling Regs..

I've been in email contact with them regularly since then, and I am just getting passed around the houses, I was finally told on the 8th Dec, that I would be getting a refund, within 1-4 days, needless to say it has yet to arrive on my card.
I emailed again and again to be told that the 'returns department' are dealing with it - yet nothing is heard...and yes I realise its been christmas etc so I don't expect them to be there all the time - however its been dragging on for almost two months now

Additionally, the item arrived back with me on Christmas Eve (unfortunately, my other half signed for it without realising otherwise I would have refused delivery) so now I have the item, I don't know what to do with it - sending it back would leave me out of pocket even more than I already am! It's getting quite ridiculous now and I'm at a loss - I feel like saying stuff it, but then the other side of me thinks why should I let them get away with it!!

Any advice welcomed

Not so HappyMonday!

*LoopyLaura*

Can you provide any details ie what the product was, what fault was etc?

becky81

Hi, i hope this helps......




Consumer rights


Goods you buy should always be in a satisfactory condition, defect free and fit for the purpose they were intended when you receive them. Likewise services, such as buying a meal in a restaurant, should fit the bill.

Faulty goods

Under the Sale of Goods Act 1979, you are entitled to return and get a refund if items do not meet the basic criteria stated above. You do not have to accept a credit note or gift voucher instead of a full refund.
The same rights apply if you buy in a sale. But if the defect was pointed out before you bought the item, you cannot claim a refund. You can also claim money back even if you have bought second-hand.
If goods are faulty and you have lost the receipt all you have to do is provide proof of purchase, such as a cheque book stub or a credit card statement.
Always try to keep receipts, especially if you buy something as a gift for someone else. Legally, only the person who bought the item has the right to exchange it or claim a refund but most stores allow for others to return goods, so long as they have proof of purchase.
The law stipulates that you should return items within a reasonable time. This can vary but you should be able to take goods home and try them out. If there is a fault, it is important to complain as soon as possible.
Change of mind
Retailers are under no obligation to give a refund if the item is of good quality. Many stores, however, will take back goods as a gesture of goodwill and to maintain customer relations.
If the retailer refuses a refund, complain higher up the chain of command, - to the head office if needs be. If you have no luck, seek advice from the Citizens Advice Bureau or your local Trading Standards office. Failing that, you can take the company to court. If the goods are worth less than £5,000 you can take the retailer to the small claims court and you don't need a solicitor.


Private deal
Tread carefully if you buy from an individual as your rights a very limited. The rule is that what you buy must look and function as it was described to you. If not, ask for your money back immediately. It is best to take someone with you as a witness if you want to buy privately.
Extra protection
Use your credit card. The card issuer then becomes equally responsible for faulty goods, especially if the vendor was misleading or if the goods don't arrive. You can claim the money back from the credit card issuer, so long as what you paid for costs between £100 and £30,000. Beware - this rule does not always apply. Credit card issuers are not responsible for faulty goods purchased with a credit card overseas, including purchases made on overseas websites.


Extended warranties
You are under no obligation to buy one, so don't let anyone pressure you into it. Extended warranties add to your rights but they don't replace them. They allow you to get goods replaced or repaired once the usual guarantee has run out.
Extended warranties are notoriously expensive – they can cost up to 50% of the purchase price of an appliance according to the Department of Trade and Industry (DTI), and have often been dubbed a rip-off. Check if your home insurance covers what you have bought if it were to pack up after a couple of years. If you have bought with a credit card, check with the card provider if it already offers an extended warranty. See our full guide to extended warranties.


Poor service
Whether you get your haircut or the car repaired at the garage you are entitled to complain. The DTI says that you should complain if the job was not carried out with reasonable care and skill or within a reasonable time. You can also complain if the person or firm providing you with the service charges you unreasonably. Make sure you know in advance how much the service will cost.

becky81

also found this too.............

Returning Damaged or Faulty Goods

July 6th, 2008 • Related • Filed Under • addthis_pub = 'tb1234'; addthis_logo = 'http://whatconsumer.co.uk/wp-content/themes/WP-MagTheme10-Prem/images/what consumer.gif';addthis_logo_background = 'ffffff';addthis_logo_color = 'ffffff';addthis_brand = 'Whatconsumer.co.uk';addthis_options = 'favorites, email, digg, delicious, myspace, facebook, google, live, more';Bookmark and Share

Related:

• What are my Statutory Rights?
• Delivery and Collection of Goods
• Unwanted and Damaged Christmas Presents

Filed under:

• Consumer Guides

Tags: Buying Seconds or Damaged Goods • Consumer Rights • damaged goods • defective goods • getting your money back • Poor Quality Goods • refund • replace repair refund discount • retailers shops legal obligations • sale of goods act • Statutory Rights



The Sale of Goods Act covers the purchase of most things from shops, suppliers and online or mail order retailers. It also details the retailers obligations in situations where you have to return an item to them take on the basis that it is damaged or faulty - or both.
Your statutory rights

One of your principle statutory rights is the expectation that the item will be of reasonable quality. This also includes fitness for purpose specified, appearance and finish, freedom from minor blemishes, safety and durability. The failure of the product to meet any one of these criteria is a breach in your statutory rights, enabling you to go back to the retailer, even after some months of use.
The retailer’s obligations

If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.
In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. If any inconvenience is caused you should be given a replacement item on a ‘like for like’ basis (and not simply the cheapest and most basic model). Many consumer complaints relate to the length of time the item is away being repaired - and although you must allow reasonable time for repair, the law does not say what ‘reasonable time’ is. It very much depends on the item itself and the nature of the problem. For most things, shops would usually allow you to exchange the item or give you your money back straight away. However, if the damage is minor and can be repaired easily, then the shop can insist on this as a first option, although this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with it.
If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality in this legislation, you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that any refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to take return the item if something else goes wrong
Proof of purchase?

Shops will often tell you they will only give a refund on production of proof of purchase. Don’t be mislead into thinking this must be a till receipt. It can be a bank or credit card statement, although you may run into difficulties if it is for a different amount than that of the item you are trying to return.
If the item is damaged, the shop cannot say they will only refund on the basis of a till receipt. However you must have proof of purchase of some kind - particularly if it was bought recently and you want to show that the damage wasn’t caused by continued use or wear and tear over time.

Where you have no rights

• If you were aware of the defect before you bought it
• If you bought it from a private buyer on a non-commercial basis (i.e. not a shop)
• If you were invited to carry out a thorough inspection of the product and fail to spot a defect which that inspection ought to have revealed
• You simply changed your mind or the item was not appropriate due to colour, size or style
• The item is dirty and the mark can be removed easily at home. This is not the same as damage and shops are not obliged to give you any discount

Buying seconds or damaged items

If you are buying seconds, you are still entitled to a product which is undamaged and fully useable. If you knowingly buy a damaged product, the specific defect must be pointed out to you before you buy, and although you cannot then return the item on the basis of that defect, it does not mean you cannot return the item if you discover something else wrong with it - even if they have reduced the price. Don’t let the sales assistant tell you otherwise!
See also:

[*]Deliveries and Collections




In all honesty they should give you a refund if you returned it within 28 days of buying whether it was faulty or not. But if you sent it back after 28 days they STILL should refund it as its your rights. Do they have a store you can return it to, or was it bought from an online shop?

If they say NO, then tell them you will pay for someone to tell you whats wrong with the item, and tell them you will take them to the small claims court with PROOF its faulty, and that they have neglected you statutory rights.
good luck, please let us know how you get on

anuroop

I bought an mp3 player from maplin in june 2008.

Discovered an inhererent problem after 4-5 months (honest).

Was 'very' busy so i just could not go to them till july 2009.

the day i went there the store (Reading) manager said that it's over 12 months.

I mentioned EU directive and i got a blank face.

Emailed there customer care and here are the details:- (Eventually they accepted to replace/refund 'and pay for the postage (which they initially refused as it was out of warranty period (12 months) according to them.Please read on to see how i managed to get what i wanted,hope this helps ;-).

I wrote:-

Dear Sirs,
Hope you are in best of your Health and Spirits and life is kind to you.
I am your regular customer and I bought this MP3 player on 4th june 2008.
About 4 weeks ago I noticed that there was a fault with it and as I was busy with a lot of workload I could not take it to your store until today.
Today,when I took it to the store (at Reading) , your Manager said that as it was bought on 04/06/2008 it is not under warranty.
According to my understanding ‘A Two Year Guarantee applies for the sale of all consumer goods everywhere in the EU. (EU Directive 1999/44/EC).
When I mentioned this to your store manager,he said he could not over ride (his words) the instructions about 1 Year warranty he has from his bosses and that he cannot not do anything about it.
Could you please let me know as to how you would like to resolve this matter at the earliest.
I look forward to hear from you soon.


They Replied:-



Dear Mr Tyagi,

Thank you for your email.

The EU Version is lower in terms than the sale of goods act and the 2 year EU Directive is not a warranty to cover faults arising in this time. This is a limit where customers can seek to request action however it does not mean that this will be agreed by the company.

As a goodwill gesture I can arrange for the item to be returned for a replacement to be issued.

Sorry for any inconvenience that may that have been caused.

Kind Regards

Becky Hey
Customer Care Department
Maplin Electronics


I wrote:-



Dear Becky,

Hope you are in best of your Health and Spirits and life is kind to you.

Thanks for your email below.

Can you pleas arrange for the replacement and let me know how to proceed in this matter.

I look forward to hear from you soon.


They Replied:-

Dear Mr Tyagi,

Please can you provide me with your receipt details so I can arrange a return for you.

Kind Regards

Becky Hey
Customer Care Department
Maplin Electronics


and then a few other emails not relevent so not posting here.....

next email from them:-

Dear Mr Tyagi,

Thank you for your email.

If you would like to return the item to the address below:

Maplin Electronics
Brookfields Way
Manvers
Wath Upon Dearne
Rotherham
South Yorkshire
S63 5DL

Please quote your returns number on the parcel, RTX 704054

Once we receive this item back at Head Office we will be able to arrange for the faults you have reported to be examined and tested by our engineers, if the faults are confirmed to be a manufacturing issue then a replacement or refund will be offered.
Kind Regards

Becky Hey
Customer Care Department
Maplin Electronics


I replied:-

Many thanks for your email.

Could you please confirm how maplin is going to reimburse the cost of sending the goods back.

I look forward to hear from you soon.

Kind Regards


They wrote:-

Dear Mr Tyagi,

If the item is out of 12 months warranty we would not cover the cost for return

I have already honoured the item to come back as a goodwill gesture

Kind Regards


I replied:-

Appreciate your prompt reply.

I refuse to bear the cost of return to and from your company.

In your email -

You mentioned – ‘If the item is out of 12 months warranty we would not cover the cost for return.’ My question – Is this company policy or Law?

You also mentioned – ‘I have already honoured the item to come back as a goodwill gesture.’ My Reply – I appreciate your gesture but please note that I ‘am’ aware of my consumer rights.

In this case there is an inherent fault.

Maplin would still be liable for any breaches of contract, such as the goods being faulty. In fact, the Maplin could be liable to compensate me for up to ’’’’’six years’’’’’’.

After six months and until the end of the six years, it is for the consumer (In this case me and I have all the proves required by the law of this country) to prove the lack of conformity.

As a consumer I have the statutory right to seek a repair or replacement as an alternative to seeking damages.

However, remember any remedy has to be carried out "without significant inconvenience" and within a "reasonable time" for the consumer (Me in this case) Remember I could also seek damages instead.

This matter has already caused a significant inconvenience to me and has not been resolved within a reasonable time and If this matter in not resolved in next ‘14 working days’ then I would be forced to contact all the appropriate authorities such as Consumer Direct, Small Claims Court etc.

I look forward to hear from you soon.

Kind Regards


They wrote:-

Dear Mr Tyagi,

Thank you for your email.

Please return the item to the below address:

Maplin Electronics Ltd
Freepost Maplin

Kind Regards


:T :T :T :T :T