Small item, seller won't refund because I didn't ask for sample

vtc6

I made a relatively small purchase online £20 for two items. Neither fitted, one was badly described, and one was my fault it didn't fit, I measured up wrongly. They are both standard, off the shelf items (not custom made or anything).

The seller ignored my emails until I telephoned him. During the phonecall he said he saw the email and will reply, which he did, but then didn't continue to reply to the next email to discuss a solution. He stated that as I didn't ask for a sample his policy is not to give a refund. I think he's a business supplier and the 7 day returns don't apply to business purchases but I am a private buyer.

I plan to write a letter next informing him of the DSR. Question is, is there an easy way to claim the money? I've used Money Claim Online when a customer didn't pay an invoice for work I'd done, and the system was quick, simple and effective. But can I use MCOL to claim money owed on this purchase? Or would I have to use some other long winded way to claim?

I spoke with Barclaycard and they said they will only do a chargeback if the goods didn't arrive or where not as described (which one of the two items was).

I know I have only 7 days to return the item. Within 7 days I emailed the seller to ask how to return the items but got no reply and now the seven days has passed. Does this change things?

Thanks!

zaax

Distance Selling Regulations no longer apply in UK law. I suggest you read the links above.

vtc6

I did a cursive read of the links and didn't see anything saying the regs dont apply any more. Ok, so good thing I've found out distance selling regulations no longer apply on a £20 item and not something expensive. I might still launch a chargeback on one of the two items.

Thanks

Fosterdog

Did you buy the items from a business to consumer seller or one that only offers business to business sales?

bris

Link to the website please. Most business sellers only sell after you confirm you are a business, it's still possible for a consumer to buy from a B2B seller but only if they don't ask you to confirm you are a business. Doing a charge back is easy, when the seller doesn't fight it, but if they deny the goods weren't as described you will lose.

vtc6

Guys, seeing as the DSR no longer apply then I'm not entitled to a refund and as for the item that's not quite as described, I don't think I want to cause the seller grief over £10.

The only thing that concerns me is this:

bris wrote: »

Doing a charge back is easy, when the seller doesn't fight it, but if they deny the goods weren't as described you will lose.

So whatever the merchant says goes? The credit card company doesn't check if it's true? The consumer's claims are disregarded? Seems very pointless then!

Mr_Norrell

Can you provide us with the website? There are different rules and protections for business to business and business to consumer contracts.

vtc6

System won't let me post links because I'm new But if you Google "gbk engineered solutions to everyday problems" then they are the company at the top. GBK UK Limited.

Mr_Norrell

bris wrote: »

Most business sellers only sell after you confirm you are a business, it's still possible for a consumer to buy from a B2B seller but only if they don't ask you to confirm you are a business.

Ok, I'm going to make the assumption that the above information is correct.


The website linked to, when registering, asks for a company name. Moreover their customers are "small regional businesses, major global businesses".


In this case, I think the "battle of the forms" (Butler v Ecxell-o-corp [1979] WLR 401) comes into play and you have contracted on their standard business terms. Therefore, I'm going to infer that it's a business-to-business contract. (Perhaps the terms and conditions of sale that you agreed to will confirm this)


From my reading of your problem, it seems that neither part is faulty so any remedy would be subject to the terms and conditions you agreed to.

vtc6

One of my original questions was whether the gov MCOL service can be used in claims against merchants. Question wasn't answered

paddyrg

vtc6 wrote: »

One of my original questions was whether the gov MCOL service can be used in claims against merchants. Question wasn't answered

Absolutely, yes. Just make sure you exhaust all other routes first as the courts won't take kindly if you haven't