Internet purchase wrong item sent and restocking charge

madhouse

I bought a heating part from an internet store. I ohoned for advice on the part before ordering and was assurred it was the correct part. To cut a long story short it was incorrect and they told me to return it for a refund. They now refuse to refund the postage and have charged a restocking fee leaving me £40.00 out of pocket, where do I stand legally, does anyone know -please?

arcon5

Business purchase or personal?

If personal, you can cancel an order upto 7 working days after receiving goods, you will likely be liable for return postage costs and they can NOT charge a restocking fee! (under Distance Selling Regulations).
If business, check terms on returns.

You may however have a case under Sales of Goods Act 'not as described' for which they should also reimburse/pay for return costs.

unholyangel

As above. You're looking for a "not as described" case. Put your complaint in writing. Try to keep it as simple as possible. What the problem is (you were given wrong advice which, under SoGA, formed part of the contract. Because of this you are entitled to a full refund and you expect this within x days.

I would say if you want less hassle to cancel under DSR's but for some reason i think they're going to kick up a fuss either way. Under DSR's, you have 7 working days to inform them of your intent to cancel (they dont have to have received the goods back within this time). They must refund you in full - including the original delivery charge. You may have to pay to return the item but they need to have informed you of that prior to the contract being concluded, otherwise they are liable for return costs also. Although should perhaps point out DSR's do have some exceptions to the right to cancel.

Either way i'd put my complaint in writing. All this above is - of course - based on a consumer to business contract.

madhouse

Thanks for the advice, he's decided that we damaged the part, and thats why he deducted a charge. He says because of this we are not covered by the sale of goods act or distance selling regulations. I know that the heating engineer unwrapped the part and said it was unusable and not the right part and we sent it back. I have asked him to confirm in writing that he is refusing to refund so that I can speak to trading standards, as I'm clearly not going to get anywhere with him. thanks again.

unholyangel

madhouse wrote: »

Thanks for the advice, he's decided that we damaged the part, and thats why he deducted a charge. He says because of this we are not covered by the sale of goods act or distance selling regulations. I know that the heating engineer unwrapped the part and said it was unusable and not the right part and we sent it back. I have asked him to confirm in writing that he is refusing to refund so that I can speak to trading standards, as I'm clearly not going to get anywhere with him. thanks again.

Nothing can remove your statutory rights. DSR's state they must refund in full. However if the product was damaged by the consumer or not returned, they can then claim breach of statutory care. In theory they must still refund fully within 30 days regardless of any other circumstances.

Sale of Goods Act stated that within 6 months of purchase, the fault is assumed to be inherent and it is up to the retailer to prove otherwise, ask him (in writing) how he achieved this. May also be worthwhile asking your engineer to write a letter stating that a) the product was damaged when he opened it and b) not the right part.

Personally I'd send him a LBA (letter before action) and give him 7/14 days to refund in full. You'll find templates for these letters so makes it very easy

madhouse

Thank you, I've contacted Trading standards as I'm hoping they will help with this, I will also look up LBA's as I've never heard of these.

unholyangel

madhouse wrote: »

Thank you, I've contacted Trading standards as I'm hoping they will help with this, I will also look up LBA's as I've never heard of these.

Its basically a sort of "last warning" that if they do not comply within the time period specified, you will start legal proceedings. This will give you a rough idea of how its to be set out:
https://consumer-tools.direct.gov.uk/consumer-advice/template_letters/letter_before_action/

Good luck and let us know how you get on

arcon5

LBA = letter before action

Basically pre-court protocol. A pay up or we're filing a small claims action letter.

How did you pay and how much? maybe a chargeback would be suitable

madhouse

I paid by Visa debit card and it was £142 including postage which was approx.£9. I was thinking about chargeback.

arcon5

madhouse wrote: »

I paid by Visa debit card and it was £142 including postage which was approx.£9. I was thinking about chargeback.

wait until either 30 days have past or they have part-refunded you then contact the card company (30 days from the point of cancellation that is, not from the point you returned the goods). Just tell them you've returned goods under DSRs and the company have failed to refund you/the company have refused the refund the total amount paid

madhouse

I've received a part refund only, he's now telling me I didn't report a fault straight away so i am not covered by the sale of goods act. But I sent him a letter reporting the fault with the part and it was all sent by recorded delivery. I think I'll go for chargeback. Thanks everyone.