Faulty Radio Controlled Car - Distance Selling Regulations

hugbert

I purchased a new radio controlled truck which is RTR (ready to run) online 6 days ago for over £200 on my credit card. After approximately 1 1/2 hours use the speed controller started smoking and now whenever the battery is plugged in the speed controller smokes and does not function.

I called the online model shop this morning and they said that I could send them the speed control to be fixed under warranty, they were unclear about time frame but it looks like over a week. I said I would prefer to return the model under the distance selling regulations as I had only received the model 6 days previously and if I receive a refund I can immediately order another and have it tomorrow. They said that because I had used the model it was now second hand and cannot be returned under the distance selling regulations.

I really just want my model working asap, is there any point in me pushing for a new replacement model or should I accept the offer to have the speed controller fixed under warranty? If I am within my rights to get a replacement model I would prefer to do this as it would be much quicker. I would like to make a decision before this afternoon's post leaves.

Thanks in advance for your advice.

maninthestreet

Sale of Goods act will apply - the seller has the choie of repair replace or refund - they have chosen the first option.