Returned goods- only received half money back

csh_2

Hi, i am looking for some help.
My husband ordered an in car stereo/amp system from a website. When it arrived he fitted in and tested it. The quality was terrible and he informed the company that he would like to return for a refund.
They emailed a prepaid postage label and the whole lot was returned. Most of the speakers were not in original packaging although he did inform them of this at the time and it was within 7 days of receipt.
Yesterday he received an email telling him he had been partially refunded, £79 back of an original purchase price of £150.
Is this fair? No other way to test the system other than fit it and the quality was awful. I feel he should have got more, if not all his money returned

lovinituk

The new Consumer Contract Regulations state...

"A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary."

By not returning the full packaging (and perhaps it had been marked from the fitting/removing process) then the product can not be resold at full value so they are in their rights to withold some money. Although perhaps nearly half was a bit much.

I should point out that the CCRs also state...

"The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop."

Which wouldn't allow you to fit it (although a demo model would normally be available) and you would certainly not be able to keep any of the packaging.

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

csh_2

Thanks
How else would you test incar speakers? They weren't returned as we didn't like them, we returned because the quality was terribl, they were not fit for purpose

wealdroam

csh wrote: »

Thanks
How else would you test incar speakers? They weren't returned as we didn't like them, we returned because the quality was terribl, they were not fit for purpose

If you returned the goods because they were faulty, then that is a different matter.

You need to be clear here... were the goods faulty, or were they just not of the standard you were expecting?

lovinituk

csh wrote: »

Thanks
How else would you test incar speakers? They weren't returned as we didn't like them, we returned because the quality was terribl, they were not fit for purpose

I would imagine that if you had returned the full packaging so they could be resold as new, there wouldn't have been a partial refund. Or at least you would have had a stronger argument.

So were they faulty or was it a case that you were just not happy with the quality? If they were cheap then perhaps they are just low quality. That doesn't make them unfit for purpose, it just makes them cheap!

If you want to know what something sounds like before buying then buy from a high street shop that provide demo models on their premises.

wealdroam

csh wrote: »

Thanks
How else would you test incar speakers? They weren't returned as we didn't like them, we returned because the quality was terribl, they were not fit for purpose

Just to add to my earlier post:

If the goods were faulty, then you have the right to reject them for a full refund. The seller must cover all the costs involved.

Of course, the seller has the right to disagree with you, and if he denies the goods are faulty and refuses a full refund, then you will need to take court action and let a judge decide who is right.

bris

The quality of speakers is subjective, what's good to someone isn't good to someone else. What shot you in the foot though was not returning it in it's original packaging, returning it so early your husband should really have made the effort to package it the way he received it.

csh_2

Goods were not faulty, just of poor quality for the money.
I still feel they have over charged excessively...had he kept them he would have got more for them on ebay than what they have refunded him.
Thanks everyone for your help!

Collabora

csh wrote: »

Goods were not faulty, just of poor quality for the money.
I still feel they have over charged excessively...had he kept them he would have got more for them on ebay than what they have refunded him.
Thanks everyone for your help!

So you cannot say they are not fit for purpose as they do what they are meant to do, just not what you expected

unholyangel

lovinituk wrote: »

The new Consumer Contract Regulations state...

"A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary."

By not returning the full packaging (and perhaps it had been marked from the fitting/removing process) then the product can not be resold at full value so they are in their rights to withold some money. Although perhaps nearly half was a bit much.

I should point out that the CCRs also state...

"The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop."

Which wouldn't allow you to fit it (although a demo model would normally be available) and you would certainly not be able to keep any of the packaging.

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

Just to note btw, the ccrs say the following:

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);
(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

So they can only make a deduction for diminished value if they complied with the above requirement.

Either they havent provided that info or the OP didnt read it - else I suspect they wouldnt have said within 7 days of receipt.

However, if the speakers fail to meet a standard a reasonable person would regard as satisfactory taking account of all the relevant information, then the return would come under SoGA - of course, quality is subjective so not guaranteed to fall within its scope.

unholyangel

csh wrote: »

Goods were not faulty, just of poor quality for the money.
I still feel they have over charged excessively...had he kept them he would have got more for them on ebay than what they have refunded him.
Thanks everyone for your help!

In that case you could challenge the amount of their refund if you can show they do normally sell - in the same condition - at a higher price. The law only allows them to deduct the amount the goods value is actually diminished by.