returned faulty xmas pressie where do I stand regarding refund ??

jumbopants

Hi All..

Purchased a hannspree hanspad tablet (188 pound) for my newphew for xmas on the 14th of dec. from Laptops direct, I wrapped it ready when it came around the 16th of dec ready for xmas day.

When my nephew opened xmas day the on/off switch was faulty so I took it back off him and gave him the cash instead as i new it would not be a take back to the shops boxing day and swap it over within 24hr senario...

When I got home xmas evening I went to the laptops direct site and read that I need to fill in an emsg as instructed informing them of the fault and wait for an RMA number to return which could take 24hrs to get a response. Within the RMA I filled out I said that I wanted a refund not a replacment..

2 days went by, so now the 27th i'd had no response, so sent another emsg from there site asking for an update, they then responded saying that they had not rec'd my emsg from the 25th !! (which I don't believe but had no proof of this as you have to go through there site to send emsg's, they will not accept standard emails)

So I then filled in another request on the 27th for an RMA, again telling them that I wanted a refund not a replacement, this time on the 28th they sent me an RMA number to send the item back...

I sent the tablet back which they have now confired that they have received on 4th Jan. , but I then received an email today saying that they have approved my return confirm the fault and will sent me out a replacement !!

I emsg'd them back immediately saying please don't send another one please issue a refund, but then got a response saying that they will only issue a credit if sent back within 7 days....

My big question is am I within my rights to refuse the item they resend and insist on a refund, or get the money back through hsbc gold card ??

I've sent them another emsg saying that this is what I intend to do, but all I've had back is no response except a tracking number for the re-sent item....

I would never ever use laptops direct again, they have been a nightmare, the whole reason I purchased from them is that it states on there front web page No quibble returns policy.... Which is just a joke.....

Many thanks in advance for any advice...

Valli

How did you pay for the item?

Did you make it clear you were returning a faulty item?

jumbopants

Thanks for the quick response...

Payed for on hsbc credit card £188, in the emsg to obtain an RMA off them I told them that the on/off switch was faulty and the bottom left hand side had a dead pixel, and to pls issue a refund as it was an xmas present for my nephew which we found the fault on xmas day when he opened for the first time.

newfoundglory

Distance selling regulations are 7 working days (not saturday, sunday or public holidays) following the date of delivery. If it was delivered on the 16th, the 28th was only the 6th working day following delivery.

I believe you only need to tell them within this time that you want to return the item, you don't actually have to physically return it within this period.

Seems like they should refund you.

wealdroam

OP, you need to make it clear that you are rejecting the thing for a full refund as allowed for under the Sale of Goods Act.
The thing is faulty and should not be accepted.

Further details can be found in MSE's Consumer Rights Guide and/or their How to Complain guide.

xanthe

DSR is 7 working days but only if you change your mind. If the item is faulty you are within your rights for a refund. Quote the Sales of Goods Act when you talk to them.