Want a full refund inc postage

rippedoffconsumer

I bought a hair straightener for a christmas present from an internet site.
The site deals with new and used electrical goods. The product I bought was stated as being as "reworked' but I thought it was an item brought back to a shop in ' as new ' condition and resold by another company. The price was only marginally lower than a brand new product and the photo showed a box and contents in perfect order.
When the box arrived it was obvious that this was not the case. The box was battered , copious amounts of yellowed sellotape held it together and there were a number of grease stains on the front. The contents rattled inside loosely were not being held in place by polystyrene packing that is the norm for electrical products these days. If I had bought this from an Ebay buyer I would have been disappointed by from a bona fide business, I was outraged!
I didn't even bother opening it but took photos of the box and sent a lengthy email to the company asking for a full refund inc postage.
They have told me to send it back for a refund- presumably just the product price. They didn't address any of the issues I raised in my email other than to add it was a 'reworked product'. I really think under these circs I should get a full refund together with the price of having sent to me and returned.
Half of me thinks forget it, stick photos of the product on the web naming and shaming the company and the rubbish I was sent, but I would really like ALL my money back.
Any thoughts on the way to go please?

neilmcl

What's the website? Are they UK based?

the182guy

Hi rippedoffconsumer,

You have rights in this situation. The supplier is in breach of contract because the goods are not as described.

You need to inform the supplier that they are in breach of contract, that you are legally entitled (because of the Distance Selling Regulation and your Statuory Rights) to a full refund (including original postage), and a refund on the return postage.

So you can either request that the supplier makes arrangements to have the goods collected, or you can return at own cost then get it refunded.

If the supplier responds with resistance then the best course of action is to phone Trading Standards, who will most likely advise you to write a formal letter to the supplier (recorded delivery) about their breach of contract, TS will give you an outline of the letter, including everything you need to say in it.

Anihilator

The DSR wont apply.

SOGA is arguable too given it was sold as "reworked"

4743hudsonj

Anihilator wrote: »

The DSR wont apply.

SOGA is arguable too given it was sold as "reworked"

care to explain?

Hintza

You made the error (but I thought it was an item brought back to a shop) and they have offered you a refund.

What more do you want? Take the money and run. They might withdraw their offer.

the182guy

4743hudsonj, if I was you I wouldn't waste my time responding to offensive forum trolls.

Hintza wrote: »

You made the error (but I thought it was an item brought back to a shop) and they have offered you a refund.

What more do you want? Take the money and run. They might withdraw their offer.

OP states that photos in the item description significatly differ from the goods received. In other words, item is not as described.

jdturk

i don't think Annihalater hs posted anything offensive

the182guy

jdturk wrote: »

i don't think Annihalater hs posted anything offensive

How can you possibly say? Analator's offensive posts were reported by multiple members, and have subsequently been deleted by the MSE abuse team.

Ivory_Tinkler

OP - how did the website describe the term "reworked?" Surely it must have given some indication that the product wouldn't really be suitable to give as a present?

4743hudsonj

Hintza wrote: »

You made the error (but I thought it was an item brought back to a shop) and they have offered you a refund.

What more do you want? Take the money and run. They might withdraw their offer.

Does this matter, if the op is telling the truth, the goods are clearly not as described. Even if not, the DSR applies.