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Sent the wrong item
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As Withabix mentioned earlier, are you a business customer?
If so, Distance Selling Regulations will not apply.
No I'm not a business customer.ThumbRemote wrote: »I don't believe they have any legal right to refuse you a refund. They have failed to fulfil their side of the contract, as they have not sent out the correct goods. You officially have a duty of care for the goods wrongly sent out, so they could claim the cost of 3 disks plus packaging from you, if they were so inclined. Irrespective, they must offer a full refund to cancel the contract, or supply the correct goods to complete it.
The small claims court would almost certainly find in your favour; after all, the retailer didn't notice the wrong goods had been sent out, why would you be expected to spot the difference on the label?
If you want an alternative approach, under the distance selling regulations, you have 7 working days to inform them you wish to cancel an order for a full refund, including the delivery charges paid. If their T&Cs say so, you have to pay return postage costs, otherwise this is incumbent on them. They then have to give you a full refund. They can subsequently pursue you for the cost of damage to packaging, used disks etc, but that's their business decision to do so. You could simply inform them immediately by email you wish to return under the DSRs and put this in motion.
Either way, you are quite entitled to a refund and should continue to press for this.
I was likely a bit dramatic about the whole thing in the begging but eventually when I realised I wasn't going to get what I had ordered in the first place I decided to take the offer of a refund, that is when I informed them that I had used the 3 disc's. The nature of the use of the disc's means that it is common to have possibly 2-3 fail, only after the 3rd one I was worried and checked the label, but as has already been mentioned why would I need to check when this "reputable" company employ people to read labels. If I had a use for these dvd's I wouldn't complain but they are completely useless to me.
Also would someone mind helping me to structure the next email to them please.0 -
My understanding of this situation is that, having USED the discs you are now deemed to have accepted them.
But do feel free to verify this hereDon't put it DOWN; put it AWAY"I would like more sisters, that the taking out of one, might not leave such stillness" Emily DickinsonJanice 1964-2016
Thank you Honey Bear0 -
That link doesn't help in this situation. This is about using a product that it not as sold. It's about SOGA, not DSROne important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.0
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Neither party comes across great. I think the company was conversing reasonably well until the OP got their back up. I do think the company should have accepted the 47 discs back and sent out the correct product though, as the error was theirs to begin with. If your a business and you make a mistake then it's going to cost £ and you have to accept that.
I'd have mentioned I'd used three of the discs in the first email though. You kind of springed that on them, and it sounds like you were hoping they'd send you the correct product without requiring the old product back (thus never discovering you'd used some of the discs) in compensation for "losing a day's wages".
It may have sounded like that but that was never my intention, I would have happily paid for the disc's I used but am still quite adamant that they owe me the correct discs for the same price. I would even under protest keep these disc's and pay the same amount again for the proper discs.0 -
halibut2209 wrote: »That link doesn't help in this situation. This is about using a product that it not as sold. It's about SOGA, not DSR
nevertheless chances are no matter what legislation the OP wishes to pursue under, they were opened, and three discs were used...
OP should have checked goods before OPENING and USING.Don't put it DOWN; put it AWAY"I would like more sisters, that the taking out of one, might not leave such stillness" Emily DickinsonJanice 1964-2016
Thank you Honey Bear0 -
The company should have accepted the return as a gesture of goodwill - as it was their error.
BUT - you are supposed to check you are happy with the item before using them - unless they are faulty. These are not faulty.
Legally - they are probably right - morally, maybe not.somethingcorporate wrote: »I am 100% in agreement with this post.
I may be a little bold here but I would suggest that perhaps the OP has gone in guns blazing which may have got the backs up of the company and given any chance of goodwill a good kicking. That is the impression I have got from the replies from the company in question.
According the DSRs, the buyer is allowed to test the products before accepting them. if the OP has cancelled the contract within the prescribed times, he is within his rights to request a refund. If the seller considers the OP has breached his statutory duty, to take all reasonable care of the item, they are also at liberty to sue him through the small claims court. But that should not prevent him getting his refund as they are seperate issuesThe greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
ThumbRemote wrote: »I don't believe they have any legal right to refuse you a refund. They have failed to fulfil their side of the contract, as they have not sent out the correct goods. You officially have a duty of care for the goods wrongly sent out, so they could claim the cost of 3 disks plus packaging from you, if they were so inclined. Irrespective, they must offer a full refund to cancel the contract, or supply the correct goods to complete it.
The small claims court would almost certainly find in your favour; after all, the retailer didn't notice the wrong goods had been sent out, why would you be expected to spot the difference on the label?
If you want an alternative approach, under the distance selling regulations, you have 7 working days to inform them you wish to cancel an order for a full refund, including the delivery charges paid. If their T&Cs say so, you have to pay return postage costs, otherwise this is incumbent on them. They then have to give you a full refund. They can subsequently pursue you for the cost of damage to packaging, used disks etc, but that's their business decision to do so. You could simply inform them immediately by email you wish to return under the DSRs and put this in motion.
Either way, you are quite entitled to a refund and should continue to press for this.
Not in this case he won't, as the wrong goods have been sent.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
My understanding of this situation is that, having USED the discs you are now deemed to have accepted them.
But do feel free to verify this here
I've had a look at that link and it doesn't say anything about not using blank computer discs (or anything else).The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
According the DSRs, the buyer is allowed to test the products before accepting them.
I thought that the basis of the DSR's was to give consumers the same chance to inspect and test goods as they would do if they made the purchase in a shop.
I can't think of any retailer who would allow a customer to open a pack of DVD's and try 3 of them in their computer.0 -
course it does - cos there's the phone number and contact details for Consumer Direct.
nevertheless chances are no matter what legislation the OP wishes to pursue under, they were opened, and three discs were used...
OP should have checked goods before OPENING and USING.
I am sorry, but that is not according to the Distance Selling Regulations.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0
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