quick soga question

kilop999

edited by me

dmg24

Advise the retailer that the item is faulty. They should give you details of how you can return it to them (either by freepost or with them reimbursing the costs of postage). Your entitlement to a refund, replacement or repair will depend on how long you have had the item for.

(Little hint - 'short and sweet' is usually best accompanied with a please and/ or thank you).

kilop999

edited by me

derrick

kilop999 wrote: »

indeed where are my manners thank you. Had the item less than a day ive been offered a refund but only for the cost and not the postage in which i paid am i entitled to that as well. Also i think there letting me keep the damaged item. It works out id lose £3 postage but seeing as the item is damaged and unusable i'd like it all back. Am allowed to do this. Can I refuse a refund and ask for a replacement to be sent out have I got the right to do this?

The item is damaged/faulty, the supplier is liable for P&P both ways under DSR and SoGA,

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

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.

3.56If 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.


SoGA; -
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.


48B Repair or replacement of 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).

woody01

None of the above applies as this sounds like a private ebay sale to me.

hollydays

name the company

Halloway

Indeed. What's the item, how much did it cost and from whom did you buy it?

derrick

kilop999 wrote: »

Bought somethiing online has arrived with loads of dents in it. Is it not down to who i bought it off to replace and recover the item. What exactly can I do in this situation short and sweet.

kilop999 wrote: »

indeed where are my manners thank you. Had the item less than a day ive been offered a refund but only for the cost and not the postage in which i paid am i entitled to that as well. Also i think there letting me keep the damaged item. It works out id lose £3 postage but seeing as the item is damaged and unusable i'd like it all back. Am allowed to do this. Can I refuse a refund and ask for a replacement to be sent out have I got the right to do this?

woody01 wrote: »

None of the above applies as this sounds like a private ebay sale to me.

How did you arrive at that conclusion? there is nothing in the above posts to suggest that!

The 2 quotes above yours in this post, (and the thread), are the OPs posts and I can see nothing to suggest Ebay!

kilop999

edited by me

derrick

kilop999 wrote: »

aye, aint ebay. Spent now got a full refund minus postage and cheers for the info

So you are happy for them to break the law, (DSRs, and SoGA) , by not refunding postage on a damaged item?

You need to report them to Trading Standards, via Consumer Direct, and name them so that other people will benefit; -

Consumer Direct is designed to operate from our 0845 number, so we cannot guarantee connectivity, but under many circumstances these landline numbers will work correctly.

East of England: 01438 737460
East Midlands: 01522 563000
London: 020 8799 9200
North-East: 01642 495600
North-West: 01229 842203 020 31035167
Scotland: 01851822401
South East: 01622 626520
South West: 01209 720333
Wales (English language): 02920 367800
Wales (Welsh language): 02920 367801
West Midlands: 02476 786610
Yorkshire and the Humber: 0113 201 3670

Consumers who call Consumer Direct from a mobile phone are handled personally. We will offer to text a landline number to consumers who call us from a mobile phone, and who live in an area that is served by Consumer Direct, because calls from mobile phones to 0845 numbers can be much more expensive.

Wig

woody01 wrote: »

None of the above applies as this sounds like a private ebay sale to me.

Even if it were Ebay, as long as you can show the seller is using Ebay as a business. -which can be shown by a pattern of continued and extensive use (many sales). They are bound by DSR on "Buy it nows". On an auction item, they still have to deliver the goods, if they don't deliver and they say "we offered an optional postal insurance" It is irrelevant, they have a duty to deliver the goods regardless of whether the buyer chose the insurance or not.

This duty to deliver in "as described" condition, also applies to private sales (sales which are not through business sellers) both buy it now and auction. So you can ignore all offers on ebay of paying extra for insurance. However it can be disproportionately expensive to get a court case against the seller, and even if you win, some people will just not care and you will never see what ever amount you were awarded by the court. Personally, I think the law needs changing in this respect, I think a plaintiff and the accused should have deposit some appropriate monies with the court prior to the case being heard, then the monies can be released by the court in the appropriate manner after the ruling.