DC Digital - won't refund

John1980xx

Hi everyone.

I bought a mobile from DC Digital on 12th December. It arrived promptly but it was not as described. The listing on their website stated "new" which is basically as new with all leads etc but open box. The mobile arrived and it had nothing in the box but the phone and it had a line of dead pixels. I called them straightaway and they said if I got it back to them by 19th December they'd send me one before they shutdown for Christmas. To cut a long story short they have not sent me one despite giving me a number of subsequent dates when I could expect a phone to arrive (first before christmas, then 3rd Jan, then 17th Jan they are now saying 24th Jan). I called today to ask for my money back and they say I am not entitled to it as it is past 14 day cooling off. If they hadn't told me they would replace it straightaway I would have asked for a refund when the first phone was not as described and faulty.

They have not contacted me to let me know what was going on, they never email back when they say they will.

My question is - am I really not entitled to a refund? They've not fulfilled the sale and have not been able to guarantee when I can receive the phone.

The customer service is apalling they suggest my expectations are unreasonable. They say they have 60 days to fulfil the order.

I really wish I'd researched more as they are clearly fairly disreputable. Thanks in advance.

stuartJo1989

Well, you are entitled to either the item you ordered AS DESCRIBED or a full refund. So in that respect they have breached the contract.

Not sure about the cooling off period regulations when the item has not been received properly etc.

dj1471

The cooling-off period is about change-of-mind returns and not relevant in this case.

Assuming you paid by card contact your card issuer for a chargeback.

John1980xx

Thank you both for the replies. I took advantage of their 10% reduction if you pay by bank transfer. In hindsight not a sensible decision.

The cynic in me wonders whether they do that so it's much harder to get your money back. They won't entertain my complaint just repeatedly stating that I'll get the mobile next Wednesday. I have no reason to believe this will be the case given previous experience and they have no complaints process. They say the resolution is that I'll get my phone - I always thought resolution was when both parties agreed on an outcome.

Moral of the story - avoid DC Digital like the plague. I have reported to Trading Standards and BBC Watchdog

Thanks again both. :T

Greta_Sharbo

John1980xx wrote: »

.

The customer service is apalling they suggest my expectations are unreasonable. They say they have 60 days to fulfil the order.

I really wish I'd researched more as they are clearly fairly disreputable. Thanks in advance.

If no specific delivery date has been agreed in the contract they have 30 days to deliver. If you still want the phone if been inclined to hold off slightly longer to see if it arrives and then start formal action.

John1980xx

Thanks for the response.

unholyangel

Dc digital seem to think they only need to deal with "faulty goods" within the first 14 days and after that you need to refer to your warranty.


But as for OP's issue....if you agreed to their repair/replacement then you cannot exercise the right to reject unless they have failed to provide that repair/replacement within a reasonable time. There is no statutory definition of reasonable time.

stuartJo1989

John1980xx wrote: »

Thank you both for the replies. I took advantage of their 10% reduction if you pay by bank transfer. In hindsight not a sensible decision.

Never pay by bank transfer.

You have no protection when it comes to recovering your monies.

Starting to think that you may well have been scammed here... I hope you do see the item as ordered or refund, but it could go either way here.

John1980xx

unholyangel wrote: »

But as for OP's issue....if you agreed to their repair/replacement then you cannot exercise the right to reject unless they have failed to provide that repair/replacement within a reasonable time. There is no statutory definition of reasonable time.

I know it's a technicality and I don't have it in writing - I only agreed to them replacing it as they told me they'd send me one straightaway

John1980xx

stuartJo1989 wrote: »

Never pay by bank transfer.

You have no protection when it comes to recovering your monies.

It's not something I'll be doing again. :mad: