What rights when paid by credit card

Tillydot

Hello
I ordered a bike on line and paid by credit card. It arrived today minus the pedals! I rang the on line store to tell them and then continued to unwrap the bike (bubblepacked). There are a few scratches on the bike but the back mudguard is touching the wheel and the rack on the back has bent slightly. Also the front mudguard is missing. I rang the store again (only 2.30pm) and they had gone home. I have a feeling I am not going to get a lot of joy out of these people so wondered where I stood as I have paid by credit card. I dont want them to fetch the bike back and then not have one and wait and wait for a new one as I have done with this one. Do you think its worth asking the store to refund some of the money (it did cost £650) so not a cheap item. I think under section 75 of the credit consumer act I am covered for something but not sure what. Any advice appreciated.

unholyangel

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...........but the retailer doesnt HAVE to agree to this.

And under section 75, basically you have the same rights from your cc company as you do the retailer IF the amount paid was £100 or over (think it goes up to £30,000). So if the goods are faulty and the retailer isnt going to help or the company go into liquidation......you can claim back off your credit card.

isplumm

unholyangel wrote: »

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...........but the retailer doesnt HAVE to agree to this.

And under section 75, basically you have the same rights from your cc company as you do the retailer IF the amount paid was £100 or over (think it goes up to £30,000). So if the goods are faulty and the retailer isnt going to help or the company go into liquidation......you can claim back off your credit card.

Not sure when bought, but can the OP not reject under DSR? if within 7 days ... or even rely on sales of goods act & reject?

Mark

unholyangel

Yeah but thats not what the OP asked

He doesnt want to wait on a replacement bike. He was enquiring if he could ask for a partial refund and keep the bike he has now (damaged) i think.

Of course he can reject under the SOGA as the item is faulty. SOGA gives slightly better cover than DSR as in some cases, DSR can require the customer to pay postage. Under SOGA, for faulty/damaged items the retailer is responsible for bearing return costs.

isplumm

unholyangel wrote: »

Yeah but thats not what the OP asked

He doesnt want to wait on a replacement bike. He was enquiring if he could ask for a partial refund and keep the bike he has now (damaged) i think.

Of course he can reject under the SOGA as the item is faulty. SOGA gives slightly better cover than DSR as in some cases, DSR can require the customer to pay postage. Under SOGA, for faulty/damaged items the retailer is responsible for bearing return costs.

Indeed it wasn't - I shouldn't skim read things - if the OP wants to try & get a discount then that is up to him ...

Mark

unholyangel

I do the same LOL.

Its usually only when i'm reading it for a 2nd or 3rd time i notice the added extras

derrick

unholyangel wrote: »

Of course he can reject under the SOGA as the item is faulty. SOGA gives slightly better cover than DSR as in some cases, DSR can require the customer to pay postage. Under SOGA, for faulty/damaged items the retailer is responsible for bearing return costs.

Also applies under DSR for goods that are faulty or do not comply with the contract ;-

From page 27, [FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]
"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. "

unholyangel

Yeah but what i mean is that technically its your rights under the SOGA. As SOGA covers faulty/damaged. It would be dumb to say you can return faulty/damaged only if you bought them in person.

SOGA applies to goods bought under DSR and in person.

Again, may not be explaining myself crystal clear. Seems i've been bad for that lately but i prosmise i do have good reason. Just not the kind you share

Tillydot

Thank you for all of your help with this but the following sentance;

"He doesnt want to wait on a replacement bike. He was enquiring if he could ask for a partial refund and keep the bike he has now (damaged) i think"

is totally inaccurate. I have waited a long time for my bike. I am a pensioner and wanted a 3 wheel bike for stability. The bike they have sent didnt have any pedals. I took it to a bike shop to see if they could sell me a pair and the man there pointed out the problem with the bent mudgard and plate at the back. Also no mudguard on the front. Since posting I have had my son look at the bike and when I had a go on it it was pulling to the left which actually caused me to fall off! Yes you can fall of a 3 wheeler. The bent mudguard has made the wheel wobbling which is causing it to pull to the left. I am very disappointed with this product but I am not out to con anyone. I have ordered what I considered to be a good quality British product and look what they have sent me. So when I thought it was just the pedals, mudguard and a bit of a bend on the back mudguard then I think that is quite reasonable to ask them to knock a bit off but for it to be totally unsafe and unusable is another thing and I want my money back. So does anyone have any suggestions please of what I should do. I will ring the company on Monday about collection but if I only have a week to get the bike back to them they might not pick up within the week and then say I'm out of time for a refund? Should I send it back myself and get a receipt. I would really appreciate any help as I am really worried about it. Thank you.

unholyangel

Not really inaccurate. I said "i think" meaning that is the impression your original post gave. You specifically asked if they would "refund some of the money" due to the mudguards etc. Obviously as you didnt know the product was unsafe when posting, i was even more clueless as i have to rely on information provided by you

Regardless of the DSR, you are covered for the item being faulty/damaged. Under section 75, you can expect the same rights from you CC provider as you would the retailer.

I mean what outcome are you hoping to attain? A full refund, replacement etc or something additional?

If you can let us know that, we'll be able to advise you on the best possible course of action

Tillydot

Thank you for your reply. I just want a refund as I am totally unhappy with the product. Should I send them a registered letter or should I contact the credit card company?