Charged for a refund within cooling off period

Mike842

Hi All,

I have just received a mobile phone from a 3rd party on Amazon. The phone charger is a US charger (2 pins both parallel with a round hole in each pin) and the manual seems to be Spanish (just used Google translate).

On Amazon it said that it was "UK Sim-Free Phone", but it is clearly not.

The problem is that on the Sellers Page (the company is called DigitalbargainUK) it says "%10 restocking fee will be applied to all refunds." This means that the £450 I spent on the phone, I will only get back £405 if I ask for a refund.

Under the Distance Selling Regulations it says full refund.


Would I still be charger the 10% if I ask for a refund or should I get a full refund?


Thanks in advance!

Forwandert

Why do you need a refund? Just contact them and ask for the right charger. If it's the S3 the instructions make no difference the actual instructions is on a link in bookmarks and this is also the same with most android phones. There shouldn't be any issues as to why the phone won't be ok to use.

The phone is also exactly the same for UK and EU.

Mike842

Thank you for reply.

The reason I need a refund is because on the website it said it was "UK Sim-Free Phone", however I have emailed them after receiving the phone and found out that it is actually a US version and they have confirmed this. It is still confusing as to why the charger is US and the manual is Spanish... surely they both should be English if it is from the US?

This now means that it is NOT covered by the warranty as Samsung will only cover UK from that have been imported by Europe and Samsung have told me this as I rang them this afternoon.


Am I entitled to a FULL refund, considering their webpage says "%10 restocking fee will be applied to all refunds"?


Your help is appreciated!

chanz4

why not ask amazon?

Buzby

It is NOT a 'US charger' - it is an EU charger - which has round pins - US ones are flat. The description is also correct, it IS a 'UK SIM Free Phone'. It is the charger that is an EU one, but as you can buy an adaptor for £1, it isn't really an issue.

Quentin

Mike842 wrote: »

Under the Distance Selling Regulations it says full refund.

Would I still be charger the 10% if I ask for a refund or should I get a full refund?

The DSR apply, irrespective of the sellers conditions.

If you comply with the DSR, then the seller should refund in full.

Mike842

I appreciate your replies.

I will ask Amazon, but I am trying to sort it out with the seller first, as it was the seller that sold me the phone. If I don't get anywhere with the seller then I will take it up with Amazon.

I believe it is a US charger. Maybe I didn't describe it properly. The 2 pins are rectangular (not rounded at the ends), they have a hole in each pin.
The main issue for me is the why would a product from the US have a Spanish manual.
Also with the warranty being void (as the seller has confirmed it is a US product that Samsung will not cover) I don't see the point in keeping it. If something was to happen to the phone in a few months, I would have to pay for it.
It is a issue for me because I have spent a lot on it and it doesn't have an official UK charger (although not a big issue), has a Spanish manual (again not a big issue, but why a Spanish manual with a US charger) and is not covered for warranty (huge issue)!

I just want to be clear as to whether I will get a full refund. Looking at the DSR again, it says "The full price paid for the goods must be refunded and this includes the cost of delivery of the goods to the consumer." - so I guess I should be refunded the full amount.


Thanks.

robbies_gal

misselling do a chargeback if they dont refind in full

Quentin

Mike842 wrote: »

I appreciate your replies.

I will ask Amazon, but I am trying to sort it out with the seller first, as it was the seller that sold me the phone. If I don't get anywhere with the seller then I will take it up with Amazon.

I believe it is a US charger. Maybe I didn't describe it properly. The 2 pins are rectangular (not rounded at the ends), they have a hole in each pin.
The main issue for me is the why would a product from the US have a Spanish manual.
Also with the warranty being void (as the seller has confirmed it is a US product that Samsung will not cover) I don't see the point in keeping it. If something was to happen to the phone in a few months, I would have to pay for it.
It is a issue for me because I have spent a lot on it and it doesn't have an official UK charger (although not a big issue), has a Spanish manual (again not a big issue, but why a Spanish manual with a US charger) and is not covered for warranty (huge issue)!

I just want to be clear as to whether I will get a full refund. Looking at the DSR again, it says "The full price paid for the goods must be refunded and this includes the cost of delivery of the goods to the consumer." - so I guess I should be refunded the full amount.


Thanks.

It doesn't matter what sort of charger it is - the DSR apply, and you get a full refund. (As long as you comply with the DSR!)

Farway

Mike842 wrote: »

The main issue for me is the why would a product from the US have a Spanish manual.
.

The second language in US is Spanish, if you go to Florida for instance most signs are in English & Spanish

prowla

Farway wrote: »

The second language in US is Spanish, if you go to Florida for instance most signs are in English & Spanish

They are hardly likely to produce a phone with a Spanish only manual, and I don't recall seeing signs 50/50 English & Spanish in Florida.