Very.co.uk agreed refund then changed mind

fairycupcake

Hi,

Purchased a Monster High tablet on-line from Very.co.uk 14th December 2013 (Christmas present for daughter); she dropped it and smashed screen so unable to use.
Emailed Very.co.uk customer services and I quote

"unfortunately this has been dropped and the screen smashed. Although I appreciate I did not take out a replacement plan, do I have any recourse to a repair facility or replacement, considering the short amount of time the tablet has been owned".

First reply I received "I am sorry to hear that the item has been damaged" and it is suggested that if it is kept, I can have it at a reduced price; or return and re-order item. I did reply to advise it was unusable, and if I returned it, would I be refunded for the tablet, and the advise was yes, contact the 0844 number for its return, include the email references and I would be credited on its return.

Tablet sent, with references; within days it was returned, Very.co.uk charged me for the pleasure, and I was advised "unable to refund as damaged". This is what I had told them from the beginning. So emailed again, with the original email refs and pointed out I had clearly said from the beginning it had been dropped and smashed. Although postal charges refunded, not tablet.

Do I have any come back on this, because I have been quite straight from the beginning, and TWO of their customer service advisers have clearly acknowledged it has been damaged, yet still offered me reduced/complete refund, but when have done this, been told cannot be done. Wouldn't be on here asking if it wasn't for that!

Thanks!

OlliesDad

fairycupcake wrote: »

Hi,

Purchased a Monster High tablet on-line from Very.co.uk 14th December 2013 (Christmas present for daughter); she dropped it and smashed screen so unable to use.
Emailed Very.co.uk customer services and I quote

"unfortunately this has been dropped and the screen smashed. Although I appreciate I did not take out a replacement plan, do I have any recourse to a repair facility or replacement, considering the short amount of time the tablet has been owned".

First reply I received "I am sorry to hear that the item has been damaged" and it is suggested that if it is kept, I can have it at a reduced price; or return and re-order item. I did reply to advise it was unusable, and if I returned it, would I be refunded for the tablet, and the advise was yes, contact the 0844 number for its return, include the email references and I would be credited on its return.

Tablet sent, with references; within days it was returned, Very.co.uk charged me for the pleasure, and I was advised "unable to refund as damaged". This is what I had told them from the beginning. So emailed again, with the original email refs and pointed out I had clearly said from the beginning it had been dropped and smashed. Although postal charges refunded, not tablet.

Do I have any come back on this, because I have been quite straight from the beginning, and TWO of their customer service advisers have clearly acknowledged it has been damaged, yet still offered me reduced/complete refund, but when have done this, been told cannot be done. Wouldn't be on here asking if it wasn't for that!

Thanks!

I would say no, you do not have a right to a refund. As they made a mistake in saying you could get a refund, you were entitled to the postal costs back, however as they have now reversed the charges you have no further comeback.

tinkerbell28

To me it seems it's obvious what has happened here.

Your quote of what you said to them is quite ambiguous. You don't specifically say, my daughter smashed it.

There is no way a retailer will take a hit on something you've broken, I don't think any reasonable person would even ask it, either.

It could have easily been miss read as it having not been dropped not by yourselves, if they were in a hurry.

So miss communication has occurred. You won't get a refund on something your daughter smashed.

InsideInsurance

You have no statutory rights and unregulated companies are not legally bound to honour their staffs word.

At a minimum you should get any postage you paid to return it back and the items returned to you which puts you back in the same position you were in prior to the missadvice.

That said, if you are a good customer and make enough of a noise about it you may find a person who will honour the original promise of a refund despite it not being legally required. I know when I worked in mail order there were a couple of occasions when I had to honour daft things said by my colleagues including allowing the return of a 6 year old hover for full refund because the customer could no longer find bags for it locally.

fairycupcake

Thank you for your responses, I do appreciate your views.

Tinkerbell28, my daughter did not smash it, it was dropped and the screen smashed (exactly as I put it) and touchscreen would not respond. I do not feel this is ambiguous at all. I agree, I didn't expect a refund when I sent my first email; was originally asking if they had any kind of repair or replacement service, as i posted - it was the two Very customer services who offered me that option and I would have thought it would be reasonable for anyone offered that to follow it up! Am curious though as to what difference it would make as to who actually dropped it? And their replies clearly show they understood the tablet has been damaged - because that is the word they used.

Thank you for your information, InsideInsurance - that was what I basically wanted to know - my consumer rights in this situation. I wasn't aware these companies were not regulated and am now quite pleased that I am such a good customer of Very that I do not owe them a penny!!

tinkerbell28

fairycupcake wrote: »

Thank you for your responses, I do appreciate your views.

Tinkerbell28, my daughter did not smash it, it was dropped and the screen smashed (exactly as I put it) and touchscreen would not respond. I do not feel this is ambiguous at all. I agree, I didn't expect a refund when I sent my first email; was originally asking if they had any kind of repair or replacement service, as i posted - it was the two Very customer services who offered me that option and I would have thought it would be reasonable for anyone offered that to follow it up! Am curious though as to what difference it would make as to who actually dropped it? And their replies clearly show they understood the tablet has been damaged - because that is the word they used.

Thank you for your information, InsideInsurance - that was what I basically wanted to know - my consumer rights in this situation. I wasn't aware these companies were not regulated and am now quite pleased that I am such a good customer of Very that I do not owe them a penny!!

Your daughter did smash it, she dropped it which resulted in the screen smashing.



"unfortunately this has been dropped and the screen smashed. Although I appreciate I did not take out a replacement plan, do I have any recourse to a repair facility or replacement, considering the short amount of time the tablet has been owned".

That is ambiguous to people who will get 1000's of emails a day. Who dropped it? The warehouse? The delivery driver? The depot?

I'm sure they would not be expecting someone to confess to smashing their device themselves and asking for a replacement! So they probably assumed you meant damaged on delivery, someone had dropped and smashed it. As these things happen.

Poppie68

OP your daughters actions caused the screen to smash...so therefore your daughter smashed the screen... You claim you have been straight with them from the beginning but from what you have posted it seems you have tried to decieve them by omitting your daughter smashed the screen and trying to place the blame on another source.

tomtontom

I'm astounded that the OP expects anything from Very!

SuperHan

fairycupcake wrote: »

Am curious though as to what difference it would make as to who actually dropped it?

If Very or someone providing a service on their behalf dropped it, you should absolutely get a refund, as the law states.

If you or the end consumer dropped it, then no you shouldn't.

Surely that's not too difficult a conclusion to reach?!

tomwakefield

fairycupcake wrote: »

Tinkerbell28, my daughter did not smash it, it was dropped and the screen smashed (exactly as I put it) and touchscreen would not respond.

I think your first post is more accurate

fairycupcake wrote: »

she dropped it and smashed screen

fairycupcake wrote: »

I do not feel this is ambiguous at all.

Of course it is. For instance, it gives no indication that it was your daughter that dropped it, causing the subsequent damage (unless you are suggesting that your daughter dropping the tablet and it smashing were unrelated incidents, which by sheer coincidence happened at the same time).

Poppie68

QUOTE: Am curious though as to what difference it would make as to who actually dropped it?




Surely your are not serious with that ridiculous question.....?