Advice needed asap on returned item

thecookiemonster_2

As i have a Visa Electron card and paid for this item 8-9 days ago can i do a chargeback?

thecookiemonster_2

Just rang my bank and they couldn't help me with a chargeback.

JAG

thecookiemonster wrote: »

Just rang my bank and they couldn't help me with a chargeback.

They just fobbed you off. Read this webpage:

http://whatconsumer.co.uk/visa-debit-chargeback

derrick

Distance Selling Regulations cover you! Your only problem appears to be proving you did not cause damage or that there is no damage!

The right to return, without reason, is for 7 working days beginning the day after receipt of goods.

OFTs BUSINESS GUIDE TO DSR

From page 18; -
The time limits for cancellation are as follows.
For goods: 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


From page 17; -
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 20; -
What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they want to cancel. This includes letter, fax or email. A phone call is not enough unless you say in your terms and conditions that you will accept cancellations by phone.


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.

derrick

For future reference, the best board for this type of query would be the Consumer Rights board

rsykes2000

Aria aren't a great company. I ordered a couple of (used) scanners from them and got 2 that were broken and stull had the notes from previous customers saying exactly what the faults were, inside the packaging. Yes they were used but I expected them to work. Haven't used them since, won't use them again. I go to CCL Computers (https://www.cclonline.com) for a lot of my kit, also occasionally dabs and ebuyer.

thecookiemonster_2

Found out today that under OFT guidelines that they have to refund me within 30 days.

Also they would then have to prove that i damaged the item to take action against me.

This is what i found out today:-

Can I withhold a refund if a consumer fails to take
reasonable care of the goods?

3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give
consumers an unconditional right to cancel a contract and legally
oblige you to refund all sums due in relation to the contract as soon
as possible after the consumer cancels, and within a maximum of 30
days. The DSRs do, however, give suppliers a right of action against
consumers for breach of the statutory duty to take reasonable care.

In short, the seller must accept the item back and refund the consumer. They then can take action against the consumer for damages. It will be for them to prove on the balance of probabilities that the buyer caused the damage.

Section 3.40

If the consumer has done no more than examine the goods as they would have in a shop and if that requires opening the packaging and trying out the goods then they would not have breached their duty to take reasonable care of the goods.

Section 3.58

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.

thecookiemonster_2

I received an email from the company today Informing me that all my comments posted on this board and on other forums have been passed onto their legal and management teams for investigation.

JAG

thecookiemonster wrote: »

I received an email from the company today Informing me that all my comments posted on this board and on other forums have been passed onto their legal and management teams for investigation.

Nothing you have said in this thread will jeopardize your case, and it is clearly posted what your rights are (which a lot of companies don't like you knowing about and usually fob you off).

thecookiemonster_2

JAG wrote: »

Nothing you have said in this thread will jeopardize your case, and it is clearly posted what your rights are (which a lot of companies don't like you knowing about and usually fob you off).

I have been posting on other forums too and they have said that all my comments and my comments on other forums and consumer forums like the consumer rights forum have been passed onto their legal and management team for investigation.

This is the link to my thread on a different forum:-

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/213264-need-urgent-help-regarding.html