Can I ask for a refund or the correct product

Sandrah

I purchased a set of skate board wheels for my son online and the parcel duly arrived. He opened it and put the wheels on his skateboard and went outside to use them. He then noticed that it did not feel right. He checked the packaging and the wrong size wheels 57mm had been sent. I checked the invoice and they stated 51mm wheels. I have emailed the company Skatehut and they state that as they have been used I cannot have a replacement without paying for a new set. Is this right, or is there a consumer right that as the wrong stuff was sent and the invoice was wrong, I can return them and get a new set?

lucy03

Sandrah wrote: »

I purchased a set of skate board wheels for my son online and the parcel duly arrived. He opened it and put the wheels on his skateboard and went outside to use them. He then noticed that it did not feel right. He checked the packaging and the wrong size wheels 57mm had been sent. I checked the invoice and they stated 51mm wheels. I have emailed the company Skatehut and they state that as they have been used I cannot have a replacement without paying for a new set. Is this right, or is there a consumer right that as the wrong stuff was sent and the invoice was wrong, I can return them and get a new set?

It's probably easier to return them under the Distance Selling Regulations - when did you purchase them?

marliepanda

Tricky one. DSR allow you the same inspection rights as a shop. You could not put wheels on your skateboard and ride them outside in a shop.

They did send you the wrong product which muddies the waters, but it was clear on the packet apparently (aka testing wasn't the only way to tell...)

By using them outside you could be deemed to have accepted them. Not sure legally where you would stand on this.

Hintza

Failure to fulfil contract send them back under SOGA. Their mistake.

ThumbRemote

I'd say it depends what state they are in. If they can be removed from the skateboard and the wheels look like new, then you should be able to get a refund under the DSRs. If they are visibly marked then I suspect you are going to find it more difficult.

cookie365

It would be unreasonable to expect the OP to notice the retailer's mistake before installing the wheels.

Retailer has failed to provide the goods contracted. Reject. Refund.

wealdroam

Sandrah wrote: »

I purchased a set of skate board wheels for my son online and the parcel duly arrived. He opened it and put the wheels on his skateboard and went outside to use them. He then noticed that it did not feel right. He checked the packaging and the wrong size wheels 57mm had been sent. I checked the invoice and they stated 51mm wheels. I have emailed the company Skatehut and they state that as they have been used I cannot have a replacement without paying for a new set. Is this right, or is there a consumer right that as the wrong stuff was sent and the invoice was wrong, I can return them and get a new set?

Are you sure the invoice is wrong?

What size did you order?
51mm wheels or 57mm wheels, or some other size?

I fear that by fitting the supplied wheels and then using them outside, you could be seen to have accepted the alternative goods supplied.

bris

Acceptance and failing to take reasonable care of them by using them, so not really much hope of a refund.

DSR technically says refund but in the real world no chance.

Sandrah

thanks all for your advice. I ordered 51mm wheels, the invoice stated 51mm wheels however they are 57mm wheels, my son checked the invoice and it said they had sent the correct thing. The shop say they can't resell as they are used.

DSR makes me think that this is their problem and not mine. They have offered me 30% off a new set, but this is giving them a further sale and I feel reluctant to do this. This is my son's hard earned pocket money!

Sandrah

They were only purchased last week

ThumbRemote

Did they come in any packaging? If it came in a box or packet marked 57mm wheels, you should probably have noticed beforehand. On the other hand if they are sold loose then you can't be expected to measure them before fitting.

Also, are they visibly marked?