Online faulty item rights query!

mjblackfire

Hello all!
This has probably been covered many times with different scenarios, but please bare with me.
I purchased a car rear valance (bottom half of bumper) from an online retailer specialising in car parts.
On receiving the item I immediately had reservations about the quality - badly drilled screw holes etc, but I attempted to fit it nonetheless. My reservations where correct. No way was it going to fit without massive modification to the car and refilling screw holes where they should actually be - which was not stated on the website, and shouldn't be the case anyway as its supposed to be a straight fit.
I emailed the seller telling them of the problems and provided pictures.
Basically, they agreed to refund the item but told me I had to pay postage myself.
This is the point of my enquiry - I'm certain that I shouldn't be paying postage because the item isn't fit for purpose and not up to standard.
The seller is blaming the fact that I attempted to fit it on my drive rather than take it to a body shop for fitting - I don't think this is relevant seeing as the part is built shoddily anyway, and I am mechanically savvy anyway.
I sensibly paid for the item with PayPal for extra protection, but on escalating the claim to PayPal, they merely said 'you pay postage, we'll refund the valance and original postage in full'.
Now I think this is a breach of the law but I'd like some backup!
Return postage is other wise going to cost £28 because the box is so long.

Thanks for reading, and please advise. :beer:

Airkraft

mjblackfire wrote: »

Hello all!
This has probably been covered many times with different scenarios, but please bare with me.
I purchased a car rear valance (bottom half of bumper) from an online retailer specialising in car parts.
On receiving the item I immediately had reservations about the quality - badly drilled screw holes etc, but I attempted to fit it nonetheless. My reservations where correct. No way was it going to fit without massive modification to the car and refilling screw holes where they should actually be - which was not stated on the website, and shouldn't be the case anyway as its supposed to be a straight fit.
I emailed the seller telling them of the problems and provided pictures.
Basically, they agreed to refund the item but told me I had to pay postage myself.
This is the point of my enquiry - I'm certain that I shouldn't be paying postage because the item isn't fit for purpose and not up to standard.
The seller is blaming the fact that I attempted to fit it on my drive rather than take it to a body shop for fitting - I don't think this is relevant seeing as the part is built shoddily anyway, and I am mechanically savvy anyway.
I sensibly paid for the item with PayPal for extra protection, but on escalating the claim to PayPal, they merely said 'you pay postage, we'll refund the valance and original postage in full'.
Now I think this is a breach of the law but I'd like some backup!
Return postage is other wise going to cost £28 because the box is so long.

Thanks for reading, and please advise. :beer:

I'm more than happy to back you up to the hilt!

However, sadly my, or anyone else's here, back-up doesn't really mean a tin of beans.
What you need is independent legal advice

wealdroam

Paypal have quoted you what they are prepared to do under their buyer protection scheme.

That is in addition to your statutory rights, as you didn't actually buy anything from Paypal.

You do have the right to receive the return postage cost from the seller if the goods do not conform to contract.

You need to pursue the seller for your costs.

unholyangel

Who are the retailer? Are they a UK company? Assuming they are....

Its technically not a breach as they're only liable for return postage if the goods dont conform to contract. Its basically up to you to show the goods dont conform.

neilmcl

Airkraft wrote: »

I'm more than happy to back you up to the hilt!

However, sadly my, or anyone else's here, back-up doesn't really mean a tin of beans.
What you need is independent legal advice

Or perhaps someone with more consumer rights knowledge than you, apparently.

OP, they are effectively agreeing that you can return as is your right under the Consumer Contracts Regulations (CCRs) as it was a distance sale, however it is true that you would have to pay postage (if this was outlined in their T&Cs). However, if you want to remedy as the item doesn't conform to contract then you would need to show that.

mjblackfire

Thanks for the replies.

Yes, they are a UK based company, although the email replies are a little bit broken.
I've emailed them pictures of the faults, but they chucked them in the mud and disregarded them stating that the valance had been fully tested on a car and there was nothing wrong with it. The bad craftsmanship is blatantly obvious!
I'm tired of fighting with them, and they're getting more and more shirty about it.
I may have to give in and perhaps report it to trading standards?

Le_Kirk

mjblackfire wrote: »

I'm tired of fighting with them, and they're getting more and more shirty about it.
I may have to give in and perhaps report it to trading standards?

........... or you could take up the offer from PayPal.

I have to say I laughed at the bit where they said it was because you tried to do it yourself and not have it fitted by a body shop!! As if that would make the holes magically move to line up with those already on the bumper.