Can't get refund on faulty goods

Ip123

Hi,
First of all, please excuse my english gramma which is not very good. (english is my second language)

I ordered a set of Lego City Garage from Play.com which costs £129.99, I paid by MasterCard, it arrived 08/03 (last thursday).
Over the weekend me and my son builded almost 60%. On monday, we found the garage door stuck inside which causes unable to open or close, then we found out some parts of the garage door bits are broke, that's why it can't close or open.

As my son is autistic, he only interesting in 1 thing - building blocks, which advised by GP that can help him to learn sit still, stand still, concentrate and creativity.

We never bought a big set of Lego like this before, we always bought him a small sets to build, now the problem is my son found really frustrated and angry as he couldn't open or close the door, also he seems not interested to this set any more, he just kept looking and looking at the garage door and shown us that he is very angry.

So we sent an email to ScottoToybox to explain this situation and ask for a refund.

They sent the email back to me to say my son has damaged one or more of the shutter sections, and suggested I need to contact Lego for the replacement parts.

As I already explained to ScottToybox, even we have a replacement parts or set which is no good for Harry whatsoever, because he hate that set and he won't touch it anymore. It will takes him a long... long time to touch and build up more confidence to build any building blocks again.

Then they sent us another email:
_____________________________________________________

Hi Tracy,

In the parcel, along with the LEGO and your invoice was a sheet of paper detailing your rights under the EU Distance Selling Regulations and our policy for Damaged or Faulty Products. As I'm sure you have already read out policy is:

Damaged or Faulty Products
If any product you purchase is damaged or faulty when delivered to you, we shall, at our option, make good any shortage of component parts, replace or repair any damaged or faulty products, or refund to you the amount you paid for the product provided that you notify us of the problem by email within 7 days of delivery of the product. (Nothing in this clause affects your Statutory Rights). In this situation, you should send the email to help@ScottsToyBox.co.uk with your name, address, telephone number, order number, product details and the exact nature of the damage or fault. We may, in deciding the best course of action, either telephone or email you for further information and we will notify you of how the problem is to be resolved.

Our policy mirrors Play.com's own policy on damaged or faulty products, so regardless of when/how the parts were broken, the above still stands. Returning the product for a refund is not an option as I have already advised you, under our policy, of how this is to be resolved.

If you would prefer not to contact LEGO to obtain the replacement parts, then if you provide me with a list of the parts, I would be happy to do this for you.

Kind Regards

Scott
_____________________________________________________

Please advise me what consumer rights I have to get the refund as it costs £129.99.

Thanks

Tracy

sorcerer

Why don't you find out what parts are missing and get them to send them to you direct from LEGO.

Ip123

Hi,
I have no problem to find out the parts, but the problem is my son hate this set so much and I know the fact he will not touch them any more.

paddyrg

Unfortunate as it is, it is not the vendor's fault that your child will no longer want to play with the toy purchased.

Actually, their offer seems reasonable to me - if they will replace the dud bits, even if you can't play with it again, you can always sell it.

unholyangel

You can (providing the company is in the Uk) actually reject outright within a reasonable time under Sale of Goods Act for a full refund.

However, by building it, you have constituted acceptance and as such, cannot outright reject the goods. Which means that they are free to offer repair, replacement or a refund. You can request one remedy over another but they can refuse if your method is disproportionately costly in relation to another remedy.

A full refund is almost certainly disproportionately costly.

You could always get the replacement parts and then sell it on ebay perhaps?

Labmanager

unholyangel wrote: »

You can (providing the company is in the Uk) actually reject outright within a reasonable time under Sale of Goods Act for a full refund.

However, by building it, you have constituted acceptance and as such, cannot outright reject the goods. Which means that they are free to offer repair, replacement or a refund. You can request one remedy over another but they can refuse if your method is disproportionately costly in relation to another remedy.

A full refund is almost certainly disproportionately costly.

You could always get the replacement parts and then sell it on ebay perhaps?

Really????

unholyangel

Labmanager wrote: »

Really????

(1)The buyer is deemed to have accepted the goods [F1subject to subsection (2) below—
(a)when he intimates to the seller that he has accepted them, or
(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.



Would you say them building it is consistent with the goods still belonging to the seller? Perhaps if you disagree with what I put above you can say why and what legislation you feel reinforces your view?

I am by no means saying my advice is flawless, but I do know both the acts well and imo, OP's actions are inconsistent with the seller being the owner.

CoolHotCold

Ask to send the items back under the Distance Selling Regulations.

Doesn't matter that it's built, just try and put everything back into the box as it came out (I know you don't have to return the packaging under the DSR but it's such a pain to retailers to resell without packaging).

You have 7 working days from purchase (so the day starts after you reveive it and excludes saturdays and sundays) to inform the retailer you wish to cancel (via written means)

It gets sort of sticky with the missing parts, but you just include a copy of any dialog between you and them and it should be fine.

bod1467

Do Play.com's T&Cs (or equivalent Jersey legislation) concur with UK Distance Selling Regulations? (Play are based in Jersey).

unholyangel

bod1467 wrote: »

Do Play.com's T&Cs (or equivalent Jersey legislation) concur with UK Distance Selling Regulations? (Play are based in Jersey).

If memory serves, they're a little less well written but are more or less identical.

squeaky

There's a link to them in the ReadMe sticky if you really want to compare