Faulty goods - can they make you pay a percentage?

bundly

I bought a wireless grip mouse online from Ergoptions.com at a huge price of £48 (because I had RSI from my normal mouse). Once I saw it was all working correctly I disposed of the packaging.

However, a day later the thing ceased working. Looking at the receipt there was no address or phone number just email. I emailed them for five consecutive days before getting a reply. I wish I'd never bought from anyone without a phone number.

Now they have sent me a form to fill in to return the faulty mouse. But it states (and I have to sign to say I agree to this) that I have to pay a 20% "restocking fee" because I don't have all the original packaging, and a "labour charge" (an unspecified amount) because I am unable to place the cables etc as they were when the thing arrived. I also have to pay the return postage.

All this seems very hard considering the item is faulty.

Anyone got any ideas?

Bundly

williham

Well they shouldn't be charging return postage for faulty items.

Auntie-Dolly

I don't think any of that is legal under the Distance Selling Regulations. They must also have contact details on their website. You may get somewhere by pointing this out to them and letting them know you will be contacting Trading Standards.

Tozer

Distance Selling Regs are irrelevant. If the item is faulty, your rights are under the Sale of Goods Act.

They cannot charge a restocking fee - the item is faulty. Why would they restock it?

deanos

Ergoptions Ltd, a UK company (No 6300906) with its registered address at Elm Point, East End Way, Pinner HA5 3BS

http://www.ergoptions.com/conditions.php?osCsid=4b567fbbf73630403a0aea56abf8c906


http://www.ukdata.com/company-credit-reports/ERGOPTIONS-LIMITED.html

pinkshoes

Reply to them stating that as the mouse is faulty, and this is not a return under distance selling regulations, then there is no restocking fee to pay.

Also point out that they are required to pay the return postage on a faulty item, so you should not be out of pocket.

Ask them to send you a pre-paid envelope to return the item.

Point out that if cannot comply with the above, you will be contacting trading standards.

Mark_Hewitt

Yep, they are trying it on. However they know that, even if they are acting illegally, there is little a single customer can do about it.

freejack77

I'm having exactly the same problem with the same people over the same item, I'm wondering now if it's the same mouse they're shipping out to everyone. Like a mug i've paid for the return postage and sent the item back already having dug the original packaging out of the bin. I need it for my RSI and sent the item back weeks ago and despite emailing several times I'm yet to hear back from them or receive my new mouse.

Anyone had any further joy? Any ideas?

Thanks

tgb_2

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Firefox1975

Tozer wrote: »

Distance Selling Regs are irrelevant. If the item is faulty, your rights are under the Sale of Goods Act.

They cannot charge a restocking fee - the item is faulty. Why would they restock it?

But they don't know that yet? All they know is a customer wishes to return it claiming that it is faulty? I think that is why they are possibly justified in their initial approach to resolving the problem.

The other issue is as soon as OP returns it then basically they could say ANYTHING was wrong/right with the product when they tested it.