Refusing to refund on electric shower

Ashcaw

Hi everyone,
So I ordered an electric power shower online from soak.com, as I'm not an electrician or a plumber I did some homework first by checking my pressure and what type of plumbing system I had at home, once I'd done that I went onto ordering a nice powerful shower using PayPal credit.
When the shower was delivered I opened the box to check everything was there (as you normally do), I noticed straight away the bottom of the unit had a hot and cold feed so checked with an electrician.... yep I'd ordered the wrong one!

I phoned the return department the next morning to be told that I couldn't return it coz I had broke the security seal off the box!! So I explained that the description online didn't say anything about hot / cold feed (partly my mistake) however nowhere on the return FAQ page did it say not to break the seal, it wasn't communicated at all otherwise I wouldn't of opened the box.

I've emailed their after care sales team as instructed but haven't heard anything since (3 days) and now I'm concerned after reading some reviews. Does consumer rights cover me due to the fact it wasn't communicated or have I now lost £120?!

wealdroam

Ashcaw wrote: »

Hi everyone,
So I ordered an electric power shower online from soak.com, as I'm not an electrician or a plumber I did some homework first by checking my pressure and what type of plumbing system I had at home, once I'd done that I went onto ordering a nice powerful shower using PayPal credit.
When the shower was delivered I opened the box to check everything was there (as you normally do), I noticed straight away the bottom of the unit had a hot and cold feed so checked with an electrician.... yep I'd ordered the wrong one!

I phoned the return department the next morning to be told that I couldn't return it coz I had broke the security seal off the box!! So I explained that the description online didn't say anything about hot / cold feed (partly my mistake) however nowhere on the return FAQ page did it say not to break the seal, it wasn't communicated at all otherwise I wouldn't of opened the box.

I've emailed their after care sales team as instructed but haven't heard anything since (3 days) and now I'm concerned after reading some reviews. Does consumer rights cover me due to the fact it wasn't communicated or have I now lost £120?!

The seller cannot refuse a cancellation for that reason.

The seller can however reduce the refund amount if the value of the goods have been diminished due to -

(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.

I make no comment on whether or not your "handling" was excessive, other than to say that that is further clarified in the legislation -

(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

Both those quotes come from Regulation 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

unholyangel

OP perhaps also direct them to their own returns page:

Please note though, that we can only offer a full refund on items that have not been used.

In order to qualify for a refund on any items being returned that are NOT faulty, all items must be returned unused, by yourselves and in a good re-sellable condition, including the original, undamaged packaging (or in the case of large items the specially designed pallet), with the return form.

Putting aside the legality of them asking for the original packaging undamaged, their own returns info states a full refund can only be given on goods that have not been used. Your goods aren't used. Nor does it say anything about seals being broken.

Ashcaw

Thanks for the reply's, getting nowhere with them as they aren't replying to emails, the refund department is just saying "email after care sales". This is the worst company ever! An I've only got 3 more days until the 14 day return policy is up :mad: :mad: :mad:

wealdroam

Ashcaw wrote: »

An I've only got 3 more days until the 14 day return policy is up :mad: :mad: :mad:

Are you sure?

You have a statutory right to cancel the order at any time up to 14 days. from receiving the goods. That 14 days starts on the day after delivery. You then have 14 further days to get the goods back to the seller.

So get that cancellation notice in now - before that 14 day period is up. Make it an email - not a phone call.

The seller also has obligations, one of which is to provide the refund within 14 days of receiving the goods back.

dj1471

Ashcaw wrote: »

Thanks for the reply's, getting nowhere with them as they aren't replying to emails, the refund department is just saying "email after care sales". This is the worst company ever! An I've only got 3 more days until the 14 day return policy is up :mad: :mad: :mad:

You only need to inform them of your decision to cancel within 14 days, you have a further 14 days to return the item.

I'm not familiar with PayPal Credit, but you should be able to raise a Section 75 claim with them if the retailer refuses to refund you. Maybe try filling a dispute under their Buyer Protection scheme in the first instance.

m0bov

Send them an LBA setting out your reason for returning it. Take photos of the packaging. E mail and post the letter, give them 7 days to respond then do a moneyclaim online.