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Online shop purchase, seeking refund but no replies

Hi all....

Still wet behind the ears here so go easy one me :D

Ooooookay. So....I purchased a set of new headlight bulbs for my car (i hear some of you smirking at the meagre price but pls read on)....these being Xenon Gas Discharge bulbs (AKA HID)...they aren't exactly £3 at a local garage.

More like £80.

Aside from the raft of fakes about (which I am sure many buy and don't notice).....there aren't too many retailers offering these at good prices. yes, £80 is a good price for these.

Now. The OCD bit.

HID's typically offer a crisp white with a blue tint light. Do not confuse these with chav chariots that blind you racing round town. My car came with them standard.

So, when I put the bulbs in my car and turned them on.....yellow. Which I do not like.

It was only after doing some research I found out that this is normal and after ~100 hours....they may become the colour I was accustomed to and wanted. ONE HUNDRED HOURS for clarification.....is a very long time for headlights to be on if you think about it. Yes....I could set up an elaborate rig to run them for 4/5 days straight....but they still might not end up how i want them to look. Right now, they are still pristine. No damage and the box is as new. They have about 5 minutes use.

I subsequently discovered (after contacting Osram) that hey sell these bulbs for people driving older cars who want that particular look straight away......THIS.....is what i SHOULD have bought.

So i contacted the seller on their very professional looking site and requested a refund. Now, I appreciate that the DSR have now been replaced with CCR and with regards to returns, i understand that as these have technically been used, i would be liable to a restock fee. So i stated this in my query.

This was over a week ago now and despite various attempts at calling, emailing, raising an account query online, facebook and twitter.....i have not received any response. I would call in but i live in NI and they are mainland based.

As my car was one light down, i had to locate and purchase the bulbs i wanted elsewhere (which were MORE expensive, but im happy with them).

But now, I don't know what to do.....I cant get in touch with the shop.....they wont answer or replay to any correspondence.....but i want a refund.

I don't think I am being unreasonable as I have been upfront all along.

Can someone please give me some advice as to how to approach this? The clock is ticking and I am fast approaching my 14 day return period.

Regards
Andy

Comments

  • Browntoa
    Browntoa Posts: 49,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    which website ??
    Ex forum ambassador

    Long term forum member
  • Jinjur
    Jinjur Posts: 5 Forumite
    hids-direct co uk
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Don't worry too much about your '14 day return period'.

    You actually have 14 days to notify them of you wish to cancel the transaction, and another 14 days from that to return the goods.

    And those limits only apply if they have send you the right information in a durable medium.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you sent them an email stating you'd like to return?

    If so then technically you've already fulfilled the cancellation part. Next would be to send it back within 14 days of sending your cancellation.

    If you paid by card, i'd contact your card company and see if they can help - never had to do it myself but I know a few people who have been able to get a refund via their card issuer/bank after sending the goods back via a tracked method.
    (2) If it is not the trader’s responsibility under paragraph (1) to collect the goods, the consumer must—

    (a)send them back, or
    (b)hand them over to the trader or to a person authorised by the trader to receive them.

    (3) The address to which goods must be sent under paragraph (2)(a) is—

    (a)any address specified by the trader for sending the goods back;
    (b)if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;
    (c)if no address is specified for either of those purposes, any place of business of the trader.

    (4) The consumer must send off the goods under paragraph (2)(a), or hand them over under paragraph (2)(b), without undue delay and in any event not later than 14 days after the day on which the consumer informs the trader as required by regulation 32(2).

    (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

    (a)the trader has agreed to bear those costs, or
    (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Jinjur
    Jinjur Posts: 5 Forumite
    Have you sent them an email stating you'd like to return?

    If so then technically you've already fulfilled the cancellation part. Next would be to send it back within 14 days of sending your cancellation.

    If you paid by card, i'd contact your card company and see if they can help - never had to do it myself but I know a few people who have been able to get a refund via their card issuer/bank after sending the goods back via a tracked method.

    I have indeed sir.....its a great point about the CC as i used that.

    :D

    J
  • Jinjur wrote: »
    Now, I appreciate that the DSR have now been replaced with CCR and with regards to returns, i understand that as these have technically been used, i would be liable to a restock fee. So i stated this in my query.

    The CCR's don't actually state that a restocking fee can be charged.
    What they do state is that the retailer is entitled to make a reduction in the refund given (up to the full price paid) if the value of the goods being returned is diminished due to the purchaser using the goods to a greater extent than would reasonably be allowed in a shop. (and what shop will allow bulbs to be fitted for test purposes prior to purchase?)

    IMO, they could rightly argue that the information regarding the characteristics of the bulbs in question was available before the purchase and that by actually fitting the lamps to your vehicle, it will be impossible for them to be resold at anywhere near to the original selling price, hence they will only offer a nominal amount when you return them.
    I know that I wouldn't be willing to buy used headlight bulbs, and maybe many other purchasers will feel the same as me.
  • Jinjur
    Jinjur Posts: 5 Forumite
    The CCR's don't actually state that a restocking fee can be charged.
    What they do state is that the retailer is entitled to make a reduction in the refund given (up to the full price paid) if the value of the goods being returned is diminished due to the purchaser using the goods to a greater extent than would reasonably be allowed in a shop. (and what shop will allow bulbs to be fitted for test purposes prior to purchase?)

    IMO, they could rightly argue that the information regarding the characteristics of the bulbs in question was available before the purchase and that by actually fitting the lamps to your vehicle, it will be impossible for them to be resold at anywhere near to the original selling price, hence they will only offer a nominal amount when you return them.
    I know that I wouldn't be willing to buy used headlight bulbs, and maybe many other purchasers will feel the same as me.

    Fair point mate.

    But what is to say I didn't buy used bulbs? Do you know how to distinguish a used Xenon from a new one?

    Boxes aren't sealed.

    Its about trust I agree but the items were sent special delivery and fitted as soon as they arrived. They will see when it was signed for online and my email request to them about 15 minutes later.

    So I would argue that they are used within reason and have not deviated from brand new condition. I would be happy to buy them to be honest.

    Its all about the etailer here and the fact that they dont even think it deems a response is the weak bit.

    If they voiced your very same concerns then i could discuss it with them.

    The fact that they refuse to reply is what is getting my back up a bit.

    *what if* I actually hadn't opened them at all. Then....surely....I would be 100% within my rights to return.

    What has happened however, is I have been honest with both them and you guys.

    And it is not paying off.

    J
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did they inform you of you cancellation rights and any restrictions/conditions related to the return?

    They have to comply with providing certain information. If they havent....they're not allowed to make a deduction whether the value has been diminished or not.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Jinjur
    Jinjur Posts: 5 Forumite
    Did they inform you of you cancellation rights and any restrictions/conditions related to the return?

    They have to comply with providing certain information. If they havent....they're not allowed to make a deduction whether the value has been diminished or not.

    They haven't replied at all buddy....not to even say "nope".

    Nothing.

    That's the only reason I haven't returned the items as I need confirmation as to where to send the items to and they do say to contact them first for a return form etc

    A
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