Carparts4less

unholyangel

mo786uk wrote: »

Not true

Distance Selling would cease to apply once the aprt was fitted to the car

The Distance selling regulatiosn provide cnacellation right if you want to change your mind - if you start using the godos you lose the right to change your mind.

Sale of Goods Act covers faulty goods - and it would not make a difference if the goods were used if they were faulty at time of sale.

Actually where DSRs give you the right of cancellation, that right is unconditional (at least until new regs start applying to contracts). By law they're supposed to refund and then chase you separately for breach of statutory duty/care.

The only stipulation given by DSRs is that you should take reasonable care and retain possession of them. Nothing about them being unused or unopened.

mo786uk

Brooker_Dave wrote: »

Distance selling act allows the consumer to try the goods, in this case fitting them to the car.

HTH.

it actually doesnt say anything about tryign the goods

the general interpretation has been that you can try things out liek you would do in the shop - fitting a car part is going way beyond that - by the tiem you have fitted it you have effectivley said you are happy with it - the SOGA cover faults

the DSR is not a be and end all right to test every type of good - there are clearly limits with some types of goods.

WRT Unholynagels point - yes technically the consumer can ask for money back before new law comes in june 2014 but practically speaking no shop wil lrefund without the goods back and the OP needs immediate resolution.

frugal_mike

mo786uk wrote: »

it actually doesnt say anything about tryign the goods

the general interpretation has been that you can try things out liek you would do in the shop - fitting a car part is going way beyond that - by the tiem you have fitted it you have effectivley said you are happy with it - the SOGA cover faults

the DSR is not a be and end all right to test every type of good - there are clearly limits with some types of goods.

WRT Unholynagels point - yes technically the consumer can ask for money back before new law comes in june 2014 but practically speaking no shop wil lrefund without the goods back and the OP needs immediate resolution.

The distance selling regulations and sale of goods act are not mutually exclusive. The ideal way to handle a case like this one would be to send a durable message to the seller claiming that you were cancelling the order (which satisfies the distance selling regulations), and state that the reason you were cancelling was due to rejecting the goods under the Sale of Goods Act.

This would give the seller 20 days to collect the goods at their own cost, and 30 days to refund.

However OP claims the item was bought a couple of weeks back, and it isn't clear whether they are still within the minimum DSR cooling off period or whether their communications so far count as cancellation by durable means.

Brooker_Dave

mo786uk wrote: »

it actually doesnt say anything about tryign the goods

That's the whole point of it, you can try stuff.

"The DSRs allow customers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods, then they have not breached their duty to take reasonable care of the goods. "

ThumbRemote

The discussion of the DSRs is irrelevant to the OP.

The part is faulty. They are entitled to reject it under the SoGA for a full refund.

CarParts4Less are trying it on, and by trying to deny OPs statutory rights are committing an offence. pd52, your best be is probably a chargeback as arcon5 says. Otherwise send them a letter stating the part was faulty, and as per your telephone call you reject it under the Sale of Goods Act and require a full refund. If they still refuse, letter before action and small claims.

frugal_mike

ThumbRemote wrote: »

The discussion of the DSRs is irrelevant to the OP.

I wouldn't say its totally irrelevant as the DSR's specify a time period for how long OP has a duty of care for the parts if the seller doesn't collect them (20 days from cancellation) and how long the seller has to refund (30 days from cancellation).

The DSR certainly isn't necessary though, the SoGA on its own is enough.

mattyprice4004

Brooker_Dave wrote: »

That's the whole point of it, you can try stuff.

"The DSRs allow customers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods, then they have not breached their duty to take reasonable care of the goods. "

As they would in a shop? You try walking into halfords and asking if you can fit some parts to your car to see if it fixes your problem!
Congrats on proving yourself wrong though...

mo786uk

Brooker_Dave wrote: »

That's the whole point of it, you can try stuff.

"The DSRs allow customers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods, then they have not breached their duty to take reasonable care of the goods. "

Big difference between getting an item out of a box and getting an item out of a box, fitting it to a car, using it and then expecting to send it back all dirty.

IMO the shop are well within their rights to reject any request to cancel under the DSR.

OP needs to REJECT under the SOGA.

Brooker_Dave

mo786uk wrote: »

Big difference between getting an item out of a box and getting an item out of a box, fitting it to a car, using it and then expecting to send it back all dirty.

IMO the shop are well within their rights to reject any request to cancel under the DSR.

The shop *have* to cancel and refund, even if the packaging has gone missing and the goods cannot be sold again.

http://dshub.tradingstandards.gov.uk/in_practice/return-item-poor-condition

"Under the Distance Selling Regulations (DSRs), customers are under a statutory duty throughout the period of cancellation, and following cancellation, to retain possession of the goods and take reasonable care of them until they are returned to the seller.

It doesn't sound like this customer has taken reasonable care. However, under the DSRs the right to a refund is not connected to the consumer’s duty to exercise reasonable care of the goods. The law requires you to refund all sums due in relation to the contract as soon as possible after your customer cancels (and no longer than 30 days beginning with the date of cancellation), even if the goods are not returned in a reasonable condition.

The DSRs give you the right to take action against customers"

Very one sided law.

HTH.

mo786uk

I know practically they have to refund - but are they going to? How many shops have a default of giving the money back without the item back? I think the vast majority of consumers understand this position even if the law says different. They are not going to refund the OP without the item back whether they have to or not.

The DSR does not require the refund to be paid immediatly so infact just cancelling udner the DSR won't necessarily get the OP the money back - its a moot point anyway as the scenario of the OP cancelling and getting a quick refund ain't happening in this case.

Legal discussion is one thing but I think the OP wants practical advice.