Quick questions on Consumer Rights

marliepanda

Have you got a link to the car seat.

You missed the question about it fitting in your car.

RosiPossum

Sorry, I couldn't access the file.
Screen shots of the relevant info from the manufacturer's fitting list



Seems to say it will fit and to use it in the back.
Thank you

Bluecup

Hello All.

For Christmas I bought my wife a six month subscription to one of those through the post product boxes.

This particular company sold a box which contains four small samples of wine with tasting notes.

After two deliveries of the box they sent my wife an email that the boxes are unsustainable and they can not continue to send the boxes as advertised. Instead they are going to send one more box of larger samples and that will be it as this will be of similar value.

We have not agreed to this change of product and have not been given a choice. They have said that they almost went in to administration and this is a way to keep their company going. But this is not the product I paid for.

Am I right to ask for a refund for the four months they are not supplying? Their website states that the pre-paid subscriptions are non-refundable.

marliepanda

If they are going into administration then you'll become a creditor and may not get anything back. the bigger bottles in place of the four months of smaller bottles may be the better option

unholyangel

How much did you pay and how did you pay?

Have you actually asked them yet whether they would issue a partial refund to cover the months left?

Bluecup

unholyangel wrote: »

How much did you pay and how did you pay?

Have you actually asked them yet whether they would issue a partial refund to cover the months left?

It was £55 via a credit card. So yeah, too low for section 75.

I'm just waiting on them to clarify the wording on the email as it was a little vague on how many more boxes she will be receiving before asking for a refund. It definitely does read like it will be one more box that will have a quantity that equals the remaining wine but wanted to make sure 100% before asking.

The subscription was sold on the many different varieties of wine that the recipient can taste and not on the volume they can drink. That's the rub, I'm not receiving the gift I paid for. They have changed the product without offering a choice.

They are not going in to administration, they have secured extra funding to continue but they say they need to stop offering this box.

Therefore, am I within my rights to get a refund or is it at their discretion if I do ask for one?

unholyangel

Basically once a contract has been agreed, you can't vary it unless both parties agree to the variation.

I'd wait and see what they say about whether they'll issue a refund. But if they refuse and tell y. ou that you need to continue with the alternative they have provided, there is guidance from the now defunct OFT (its guidance collates a few pieces of legislation - the consumer protection from unfair trading regulations, the unfair contract terms act and also the unfair terms in consumer contracts regulations) that you should be able to use to support your claim for a partial refund.

Terms allowing the supplier to vary what is supplied - especially when its within their control would be at high risk of being an unfair term (and unfair terms are unenforceable). They can't bind you to your side of the contract if they are not bound by their side of the contract.

Delilah's_Friend

I recently went to fill my car at a service station. The pump was malfunctioning and did not stop when the tank was full but spilled over drenching a rather expensive pair of boots I was wearing. The staff said they knew the pump was faulty and that an engineer had already been called. The manager filled in a complaints form and took a picture of the boots. I filled in my part of the complaints form and sent further pictures and receipt for boots as requested. The company have offered to pay the original cost of the boots (not replacement value) but have asked me to send them the boots 'to be processed'. I have already had to buy new boots for work but would like to keep the old for rough as they still fit. Do I have to give them up if I want the compensation for damages?

derrick

Delilah's_Friend wrote: »

I recently went to fill my car at a service station. The pump was malfunctioning and did not stop when the tank was full but spilled over drenching a rather expensive pair of boots I was wearing. The staff said they knew the pump was faulty and that an engineer had already been called. The manager filled in a complaints form and took a picture of the boots. I filled in my part of the complaints form and sent further pictures and receipt for boots as requested. The company have offered to pay the original cost of the boots (not replacement value) but have asked me to send them the boots 'to be processed'. I have already had to buy new boots for work but would like to keep the old for rough as they still fit. Do I have to give them up if I want them compensation for damages?

Yes, the idea of compensation in cases like this is to put you back in the position you were before the incident.

The company is behaving more than responsibly as they only need to pay compensation for the value of the boots at the time of the incident, you are getting full replacement value, but you want an "extra pair of boots" in addition, the damaged boots will belong to the insurer and not you as they are being replaced with new.

Just accept the offer and be glad they are not deducting for wear and tear, i.e. second hand value.

.

Poppie68

Delilah's_Friend wrote: »

I recently went to fill my car at a service station. The pump was malfunctioning and did not stop when the tank was full but spilled over drenching a rather expensive pair of boots I was wearing. The staff said they knew the pump was faulty and that an engineer had already been called. The manager filled in a complaints form and took a picture of the boots. I filled in my part of the complaints form and sent further pictures and receipt for boots as requested. The company have offered to pay the original cost of the boots (not replacement value) but have asked me to send them the boots 'to be processed'. I have already had to buy new boots for work but would like to keep the old for rough as they still fit. Do I have to give them up if I want them compensation for damages?

They are giving you money for the boots so they then belong to them, maybe you could ask them for them back after processing but I wouldn't hold out much hope plus they will expect you to pay for both lots of postage.