Online shop refusing refund...

hiohaa

So, i bought a small electronic device for £60 incl P&P.
It came yesterday, 13.08

Opened the packaging, and it does not do what I expected it to, and I want to return it.

These are the T's & C's on the website:

(cannot post links, the website is 3dfury . com and they have a T's and C's section) - this is what it says:

Refund Policy:

All goods have 6 months warranty. If for any reason you are not satisfied with your purchase, all goods must be returned in mint condition within 7 days of receipt.


I believe I'm well within my rights to ask for a refund. This was my email to them:

Hello,

I received this today. I would like to return it as it does not do what I thought it did.
The packaging is opened, I tried to be as careful as possible.

Would it be okay to return this for a refund?

best wishes

This was their response:
Hi,

This is for edid issues & NOT a hdcp stripper as stated clearly on the wbesite. Therefore returns cannot be accepted sorry.

i mean...was not expecting that at all. Also i dont even know why she is mentioning 'hdcp stripper' issues....i didnt even give a reason.

what can i do? i've sent another email back stating that I believe I'm within my rights and that the device I bought did not perform as I thought it would. (i did the necessary research and from all the advertising it did seem like it would do what i needed it to do)

im not willing to let this go, its £60!

wealdroam

Distance Selling Regulations allow you up to seven working days to cancel the order and receive a full refund of all monies paid.
That right to cancel is unconditional, in other words, you do not have to give a reason for cancelling.

Write them an email/letter stating that you wish to cancel the order under DSRs, and receive a full refund.

You may have to pay the cost of returning the thing to them.
Send it via a trackable method.

You might like to read the OFT's guide to the DSRs, in particular, on page 20 where it says:

What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they want to cancel. This includes letter, fax or email. A phone call is not enough unless you say in your terms and conditions that you will accept cancellations by phone.

Also, on page 25 it says:

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

Also read more about cancellation rights on page 17 onwards.

The fact that you have opened the packaging is of no consequence.

redfragglebiker

What was the item? You may be covered under the DSR's unless it was a custom item or falls under certain other criteria

shaun_from_Africa

Is this the company concerned?
http://www.3dfury.co.uk/

If so, you shouldn't even have to pay the return postal costs as the DSR's state you are only liable for this if the sellers terms state this. There is no mention of it on their website.

If they continue to refuse a refund, you may have to contact your credit or debit card issuer and ask about a chargeback stating that the retailer concerned is failing to abide by their legal obligations.

hiohaa

shaun_from_Africa wrote: »

Is this the company concerned?
3dfury

If so, you shouldn't even have to pay the return postal costs as the DSR's state you are only liable for this if the sellers terms state this. There is no mention of it on their website.

If they continue to refuse a refund, you may have to contact your credit or debit card issuer and ask about a chargeback stating that the retailer concerned is failing to abide by their legal obligations.

well, i got a shocking email back from them:

Hello,

You bought this expecting it to strip HDCP, it clearly states it doesn't. I am fed up of people doing this so do what you want. I will inform the DMCA.

regards Gemma

I've responded back with this:

Hello,

Well I am appalled at the tone of your email.
I literally do not know what you are on about regarding 'hdcp', I bought this device to sustain a signal between my amp and computer so I could play music with the TV switched off.

It does not function as it should and I want to return it for a refund.
You have T's and C's on your website which states the refund policy, and there is also distance selling regulations, where I have up to seven working days to cancel the order and receive a full refund.

I take it from your email that you are not willing to give a refund, therefore I am going to action this with my bank tomorrow morning.


oh well.

beeg0d

hiohaa wrote: »

I will inform the DMCA.

That bit of the email i love, How can they inform "the DMCA" as D.M.C.A is simply a law (an American one at that) and not an orginization or anything.

FYI hiohaa HDCP is a copy protection system.

hiohaa

beeg0d wrote: »

That bit of the email i love, How can they inform "the DMCA" as D.M.C.A is simply a law (an American one at that) and not an orginization or anything.

FYI hiohaa HDCP is a copy protection system.

yeh i just googled it. Im not sure what shes trying to achieve, its just weird.

im not bothered who she informs as i have nothing to hide.
my only concern now is even though i paid with my credit card, and have payment protection cover under Lloyds TSB, it was via Paypal, i.e paid through my paypal account via my lloyds credit card.

I'm not sure if Lloyds would be willing to cover it or just tell me to go back to paypal, which means the chances of getting my money back will be slim to none....

any ideas as to what Lloyds might do? guess i'll find out when i call them tomorrow.

wealdroam

hiohaa wrote: »

yeh i just googled it. Im not sure what shes trying to achieve, its just weird.

im not bothered who she informs as i have nothing to hide.
my only concern now is even though i paid with my credit card, and have payment protection cover under Lloyds TSB, it was via Paypal, i.e paid through my paypal account via my lloyds credit card.

I'm not sure if Lloyds would be willing to cover it or just tell me to go back to paypal, which means the chances of getting my money back will be slim to none....

any ideas as to what Lloyds might do? guess i'll find out when i call them tomorrow.

Paypal offer some buyer protection.
Might be worth looking into that as well, although you'll probably have to pay to return the thing in that case.

bod1467

Doing a WHOIS search on the domain shows that the business is a sole trader, and also gives his name and address.

dacouch

bod1467 wrote: »

Doing a WHOIS search on the domain shows that the business is a sole trader, and also gives his name and address.

It's on his website along with a mobile number...