Consumer Rights Act

[Deleted User]

wealdroam wrote: »

A bank or credit card refund certainly can be a partial refund if only part of an order is being rejected and returned as inherently faulty.

Who judges whether physical damage is an "inherent fault" in this case, though?

I still say the OP will run into more difficulties if he attempts to circumvent the retailer. I'm talking about a Chargeback here, not a part refund provided by the original vendor and paid to his card.

Although it is looking increasingly like the OP has not purchased from a reputable seller, given their lack of response and their legally non-compliant terms and conditions..

wealdroam

Moneyineptitude wrote: »

Who judges whether physical damage is an "inherent fault" in this case, though?

If we are talking about a Consumer Credit Act Section 75 claim, it is for either the seller of the credit supplier to prove that the damage is not due to an inherent fault. Remember, an inherent fault is one that was present at the time of delivery to the consumer.

If we are talking about a Chargeback, then usually the card issuer will refund immediately and ask the seller, via their merchant bank, for reasons why that refund should't stand. It is then for the seller to provide the same proof to the satisfaction of the card issuer so that the chargeback is undone.

Moneyineptitude wrote: »

I still say the OP will run into more difficulties if he attempts to circumvent the retailer. I'm talking about a Chargeback here, not a part refund provided by the original vendor and paid to his card.

I'm not sure what you mean by your second sentence here.

Moneyineptitude wrote: »

Although it is looking increasingly like the OP has not purchased from a reputable seller, given their lack of response and their legally non-compliant terms and conditions.

I agree.

beefturnmail

Thanks all for comments

Further to this, on Monday I sent them an e-mail saying I wanted contact within 72 hours (till end of yesterday) or I would assume they are unable to provide a replacement in a which does not cause me significant inconvenience, which would force me to reject the goods and seek a refund

As expected I have heard nothing. So what now? Send another e-mail saying I am rejecting the goods and give (14 days?) for them to pay this? Order was through paypal (charged direct to Amex), so I could try re-claiming the money through Paypal.

[Deleted User]

beefturnmail wrote: »

Order was through paypal (charged direct to Amex), so I could try re-claiming the money through Paypal.

Oh dear. Paypal is definitely not your pal in these circumstances, I'm afraid. Pity you didn't simply pay with your credit card.

beefturnmail

yeah - would have done, but the order was under £100 - I tend to use credit card if over £100 and Paypal if under.

What is the problem with Paypal claims then?

beefturnmail

And now I'm not particularly surprised to see this on their website http://www.ukflooringonline.co.uk/503.php.

Worth raising a claim through paypal or one to put down as a loss? - only £40 down.

wealdroam

beefturnmail wrote: »

And now I'm not particularly surprised to see this on their website http://www.ukflooringonline.co.uk/503.php.

Worth raising a claim through paypal or one to put down as a loss? - only £40 down.

Raise a Paypal claim - goods not as described.

Not too sure how that will work, as usually Paypal will require you to return the faulty product, but it must be worth a few minutes of your time.

beefturnmail

Yeah - will give it a go - at least I can still source another matching pack of laminate from somewhere else and finish my floor - otherwise I would either have had a non-matching floor or lost the cost of the whole floor (c. £700 paid for through a prior order). Still saved money (if not time) as doing it DIY not had to pay a fitter

beefturnmail

Just received an e-mail from them! But... It asks me to review my recent purchase... I guess this is automated

beefturnmail

Just to update - Paypal have awarded in my favour, and the refund is showing on my credit card :beer:

No need to return goods either