Can I ask for a refund or the correct product

daytona0

cookie365 wrote: »

I would be looking at a credit card chargeback in the OP's [STRIKE]shoes[/STRIKE] wheels

I love the way people say that...

Admittedly I don't know much about credit cards by virtue of not having one, but if you are seen to accept the goods under DSr and aren't covered under SOGA then wouldn't a charge back effectively be stealing?

Sandrah

Thanks for all the advice. These wheels are the same colour and have the same packaging. the only difference is from 51 to 57 mm i.e. just 6 mm. The invoice said they were 51mm. The 57mm on the package is small and the difference between a 1 and 7 in the writing is minor! I haven't mentioned the bearings that were purchased at the same time and put into the said wheels, that can only be removed by a skateshop should I get the opportunity to return the wheels .......

lucy03

marliepanda wrote: »

Well that would depend if putting on the wheels and riding around on them is deemed accepting the incorrect goods. How else would you accept skateboard wheels?

I believe a judge would find it completely acceptable to read the packet the items came in...

Added into this equation the judge will often side with the consumer where there is doubt. I've seen cases go through the small claims court route where the consumer seems to have acted in a manner which could be seen as unreasonable, but they've still won.

Some consumers might well read the packet, but if they've ordered a specific item I can't personally see it's unreasonable for them to assume it's the correct one. Just because they had opportunity to notice the error doesn't mean that they lose the rights that they had.

If the OP went to court (which is quite stressful and a lot of hassle) the business would have to defend the case. The case would usually be heard in the court where the consumer lives and so the business would have to put in a written submission or traipse all the way to the court which would likely cost more than the wheels anyway. The matter is really generally stacked on the side of the consumer IMO.

daytona0

Sandrah wrote: »

Thanks for all the advice. These wheels are the same colour and have the same packaging. the only difference is from 51 to 57 mm i.e. just 6 mm. The invoice said they were 51mm. The 57mm on the package is small and the difference between a 1 and 7 in the writing is minor! I haven't mentioned the bearings that were purchased at the same time and put into the said wheels, that can only be removed by a skateshop should I get the opportunity to return the wheels .......

I can certainly see how the seller may have made a legitimate mistake then! I can also see how the seller may be worried about being out of pocket under SOGA because you have opened and used them...

I'd just probably take them and check future goods before opening (though you may be covered under SOGA here). Unless the user of said item is Tony Hawk or Bam Margera (and even he wouldn't care ) then it is mainly a bigger issue having the correct set of bearings for skateboarding

Sandrah

This is the response by email from the company today

After inspecting the photos provided it is clear on the packaging that the wheels were 57mm in size. Once an item has been used it is deemed to have been accepted by the customer. We are then only able to refund or replace if the item is faulty.

Unfortunately these wheels are not in a resaleable condition as the wheels have worn down and the transfer logos have worn away.

I will today contact our Trading Standards Representative for further information on this but until I receive a response I am afraid that I am unable to process a refund on this occasion.

They aren't worn down and still have the tread on them, they were literally used for five minutes or more

daytona0

Sandrah wrote: »

This is the response by email from the company today

After inspecting the photos provided it is clear on the packaging that the wheels were 57mm in size. Once an item has been used it is deemed to have been accepted by the customer. We are then only able to refund or replace if the item is faulty.

Unfortunately these wheels are not in a resaleable condition as the wheels have worn down and the transfer logos have worn away.

I will today contact our Trading Standards Representative for further information on this but until I receive a response I am afraid that I am unable to process a refund on this occasion.

They aren't worn down and still have the tread on them, they were literally used for five minutes or more

The company have omitted a key point...

Under SOGA they have to refund, repair or replace if the item is faulty, not fit for purpose or not as described. It sounds like they've just fired out incomplete info to deter you. Also, I wouldn't buy into the Trading Standards rep bit - That is likely (but it may not be) just the company director who has no connection to Trading Standards who fob you off if you chase it up (I would recommend going straight to trading standards if you prefer, and if you want to kick up a fuss then ask for the name of their TS rep so you can verify things but that's taking it quite far). Unfortunately it is at this point where communication with the seller tends to cease.

you can try and explain that you purchased 51 mm with the expectation of receiving 51 mm and you received 57 mm (or if it was the other way round). Technically you received a not as described item so technically you are covered under SOGA. As for accepting the item, you kinda have accepted it by using them so i'm not sure how that impacts on this.

You can also possibly get them more open to this idea if you agree to pay the returns postage as a goodwill gesture. Apart from that you are in for a likely uphill struggle from this point onwards. Good luck

OlliesDad

marliepanda wrote: »

The DSR give you the same inspection rights as a shop.

I have seen this mentioned on the forum several times, however there is no mention of it in the DSR's.

lucy03

Sandrah wrote: »

This is the response by email from the company today

After inspecting the photos provided it is clear on the packaging that the wheels were 57mm in size. Once an item has been used it is deemed to have been accepted by the customer. We are then only able to refund or replace if the item is faulty.

Unfortunately these wheels are not in a resaleable condition as the wheels have worn down and the transfer logos have worn away.

I will today contact our Trading Standards Representative for further information on this but until I receive a response I am afraid that I am unable to process a refund on this occasion.

They aren't worn down and still have the tread on them, they were literally used for five minutes or more

Personally I'd just send a letter before action which is short, contains the relevant information of the remedy you want (a refund) and a reasonable time period for them to comply. Just detail the date of purchase and that you are seeking a refund under the Sales of Goods Act.

I wouldn't mention this in the LBA but if it was so apparent that the item was wrong, then they should have noticed this as well. It seems a bit obtuse IMO to claim that you have an obligation to notice whereas they don't, even though this is a matter in which it could be assumed they should be more experienced in.

As for the Trading Standards representative, whatever dialogue they have with them because they don't know what to do isn't really relevant IMO.

However whether it's worth the hassle to you of going beyond this is another matter.

Hintza

lucy03 wrote: »

It seems a bit obtuse IMO to claim that you have an obligation to notice whereas they don't, even though this is a matter in which it could be assumed they should be more experienced in.

Very good point well made.