JBSMusic.co.uk refusal to refund:

azza21

Hi guys I’m really hoping you peeps can give me some advice on this situation, where do I stand and what are my rights, if I even have any.

On Wednesday 4th August I purchased some Pioneer DJ equipment from an online e-tailor called JBSmusic (also run a shop in Kent). I purchased the equipment over the phone because I paid half with a credit card and half on my debit card. The bloke also assured me the equipment would be with me the next day, Thursday. So I booked the day of work, however the equipment never showed up. So that evening I rang the shop he basically apologise and promised me the equipment would definitely be with me Friday. The DJ gear arrived that Friday, however the mixer that was advertised on their site that came as part of this DJ package I purchased wasn't the same as the mixer that arrived, and it was a different model. The shop claimed they have sent me a newer model of product but it’s not what I purchased and in fact it has different features to the one i thought I had wanted/ordered. What’s more I was never informed of this replacement.

I left it a day to think over my options as then rang them back yesterday to say I would like to send the equipment back as I’m not happy about the customer service and the equipment. The manager of the shop oddly changed and said if I really wanted the mixer I’d originally purchased he could get it for me but at this stage guys I was furious with the whole situation and had made my mind up. I told the manager would like to send the DJ equipment back he said unfortunately with this type of equipment because you have opened the boxes is not allowed a refund. He told me what he could do for me is to try and sell the equipment to someone else but it would be at a loss because I had opened the gear. I tried to argue my case but he’s refused a refund.


Really where do i go with this peeps...

Aaron

Torby

google distance selling regulations.... or look here for starters

http://whatconsumer.co.uk/returns-and-refunds/

trumpton

http://www.consumerdirect.gov.uk/after_you_buy/buying_at_home/returning-cancelling/

You can cancel up to 7 working days from receiving the items.

Do this in writing asap. Send an email, then send a registered post delivery letter.

They have 30 days to give you a refund, but as they have already refused to do this I would get onto Trading Standards on Monday anyway. You ring the Consumer Direct number and a local Trading Standards officer will ring you back.

This is from JB Musics own terms and conditions:

"The consumer shall have the right to cancel a contract in writing by fax or email within seven working days from the day after the date of delivery of the goods by the company to the consumer.



If a consumer exercises his/her right to cancel a contract, JB`s Music Store shall, in accordance with the Regulations, reimburse any payment (and delivery charge) made by the consumer within 30 days from the day on which they give such notice of cancellation, provided that the consumer;

• takes reasonable care of the goods either prior to cancellation of the contract or, following cancellation and while the goods remain in the possession of the consumer. A consumer shall be deemed not to have taken reasonable care of the goods if such goods are not kept packed in their original box, with all accessories, manuals and cables and the internal or external packaging is defaced or damaged in any way, and;
• the goods are either marked, damaged or not in the same condition in which they were sold.

The consumer is responsible for the cost of returning any unwanted items, or will be responsible for the direct cost of collection of such items. If the consumer fails to return the goods where he has agreed to do so, then the consumer may be charged by JB's Music Store for the cost of collection. We reserve the right to deduct this amount from any refund given."

Make it clear in your email and letter exactly why you are returning the goods.

Also, you should be able to do a charge back through your credit company for the half of the money which you put on a cc if you get no joy through Trading Standards.

I would certainly get on to Trading Standards asap as it sounds to me like they are trying it on with the 'no refund' business.

Well done for keeping a screen shot with what you ordered on - that's always a good idea when buying a package where the order doesn't list exactly what you are supposed to get.

azza21

Torby wrote: »

google distance selling regulations.... or look here for starters

http://whatconsumer.co.uk/returns-and-refunds/

trumpton wrote: »

http://www.consumerdirect.gov.uk/after_you_buy/buying_at_home/returning-cancelling/

You can cancel up to 7 working days from receiving the items.

Do this in writing asap. Send an email, then send a registered post delivery letter.

They have 30 days to give you a refund, but as they have already refused to do this I would get onto Trading Standards on Monday anyway. You ring the Consumer Direct number and a local Trading Standards officer will ring you back.

This is from JB Musics own terms and conditions:

"The consumer shall have the right to cancel a contract in writing by fax or email within seven working days from the day after the date of delivery of the goods by the company to the consumer.



If a consumer exercises his/her right to cancel a contract, JB`s Music Store shall, in accordance with the Regulations, reimburse any payment (and delivery charge) made by the consumer within 30 days from the day on which they give such notice of cancellation, provided that the consumer;

• takes reasonable care of the goods either prior to cancellation of the contract or, following cancellation and while the goods remain in the possession of the consumer. A consumer shall be deemed not to have taken reasonable care of the goods if such goods are not kept packed in their original box, with all accessories, manuals and cables and the internal or external packaging is defaced or damaged in any way, and;
• the goods are either marked, damaged or not in the same condition in which they were sold.

The consumer is responsible for the cost of returning any unwanted items, or will be responsible for the direct cost of collection of such items. If the consumer fails to return the goods where he has agreed to do so, then the consumer may be charged by JB's Music Store for the cost of collection. We reserve the right to deduct this amount from any refund given."

Make it clear in your email and letter exactly why you are returning the goods.

Also, you should be able to do a charge back through your credit company for the half of the money which you put on a cc if you get no joy through Trading Standards.

I would certainly get on to Trading Standards asap as it sounds to me like they are trying it on with the 'no refund' business.

Well done for keeping a screen shot with what you ordered on - that's always a good idea when buying a package where the order doesn't list exactly what you are supposed to get.

Thanks for the advice guys really appreciate it.

Yesturday i done just as you guys mentioned, wrote an e-mail to both trading standards and consumer direct about whats gone on.

I do have a slight problem with this situation, with regards to the 7 days distance law.

Its down to the poor staff at jbsmusic but i was stupid enough to go along with what they told me.

What happened was i rang them wednesday and asked to cancel my order, get a refund. The bloke told me the manager wasn't back till tomorrow (Thursday) and he was the only person able to deal with refunds. Thursday came, i got hold off the manager and he was being either quite helpful (or being coy) and said he'd look into the matter but he needs to contact the pioneers dealer who sorts it and he'd ring me back later that afternoon. He never did.
I rang in friday, he apoligised but claimed he wasn't able to get hold of the pioneer dealer as off yet. He told me he'd get back to me again later that day, he never did so i rang him before they shut. He told me he still couldn't get hold of this pioneers dealer but as i mentioned in my original post he didn't think he could offer a refund as this type of item as different rules apply to this sort of product. However he did say he'd look more into whats gone on, he'd get back to me, again. So i waited and rang them first thing sat, unaware that sat was the 8th day. This was was when he become alot less helpful and said he couldn't get hold of the pioneer rep but he's not entitled to give me a refund and so on.
Me being unaware of the 7 days distance law, i never even realised he could be using delaying tactic which would take me over the 7 days, friday being the 7th day. Or am i looking to much into this...

Saturday was when i realised this isn't fair and took the matter further and become aware of the rules BUT i told them wednesday, thursday and friday i want a refund. But as its over the phone how can i prove that?

Torby

azza21 wrote: »

Thanks for the advice guys really appreciate it.

i told them wednesday, thursday and friday i want a refund. But as its over the phone how can i prove that?

firstly....its naff all to do with Pioneer, the contract is between you and the shop and you notified them about the problem within 7 days of receipt of the items...

as for different rules applying?....don't think so...
as for opening the stock to change the plugs?...think that sounds like grey imports to me...the only time I've ever had to have plugs changed was when I bought stuff from Thomann.de they have european plugs, but they usually supply an adaptor to convert from 2 pin to 3 pin...and all electrical goods in the UK must comply with this...as I understand it UK Pioneer products come supplied with the correct plugs (don't create too much of a stir with that one, but it may explain their innability to contact the Pioneer rep)

the 7 days starts from when you tell them you want to return, the fact they've been bluffing, avoiding the subject is their problem AFAIK, at the end of the day you can understand their reluctance...its a lot of money in their tills....but you should stick to your guns....unless they offer to throw in £300 worth of lights....its only 10% of the total, they were at fault and in a music store I would be looking for 10% off for cash anyway...

prove what was said in the phone call?...let them disprove it...why would you say anything other than what you said....the goods weren't as described for a start, weren't delivered when promised...

Torby

Pioneer EFX 1000 Thomann £733.95 http://www.thomann.de/gb/pioneer_efx1000.htm

Pioneer EFX 1000 JBs Music £829.00 http://jbsmusic.co.uk/view/870/

no doubt there'll be some cases of "swings and roundabouts", to be honest I prefer Thomann to some of the UK suppliers, prices are better, after sales is better, delivery is cheap and communications are usually better as well.

PinkLipgloss

I used to live in Japan and I'd be quite concerned if they had simply "changed the plugs" on the equipment as electrical products in Japan are designed to handle 100 volts (UK is much higher)!

Laptops have build in "transformers" to deal with different voltages however I don't think your equipment would. They might be lying - but it's a worry none the less!

4743hudsonj

To be fair, you dont even have to mention the DSR's as its a simple case of goods not as described, no arguing, you get a refund. That way theres no time limit, no return delivery fees etc etc, get onto trading standards (inform them of this) and just threaten them with small claims action. They should give in.