Seller ignores emails

tracey28

At the ideal home show 7 April this year I ordered 2 bedside led lamps, with phone fast charging facility and two fast charge pads and 2 inserts for mine and my husband's phones as mine did not work directly on the pad. I was assured the I inserts would work with most phones total cost 259.99.paid on MasterCard

Order delivered roughly 1 week later and discovered that lamp worked as lamp but both phones were intermittent with charging, my Android would sometimes be on the pad or lamp all night and only reach 70% my husband's iphone would make a "Bink" sound when charging activated, then at random Bink again and again every so often even when not anywhere near charged. Very annoying when trying to sleep
Contacted seller and detailed faults he sent 2 new inserts for the phones but still same issues.
Emailed to say it must be a compatability issue and requested a refund as unfit for purpose.
Seller took over a week with no reply then only responded with a second reminder and said would refund if everything returned but would only pay £5 towards postage.
I replied that as the goods are not fit for purpose the whole return cost was for them to pay (with ins it was 11 to 20 depending on carrier) Have sent a second reminder the goods are packaged and await their reply, but they now just seem to be ignoring me. I can sent for 5 but the goods are not covered for loss or damage.
Where do I go now as there is no phone number on their website or paperwork?
Do I just take the hit on the extra postage as to do anything will cost more, although it is annoying they get out of their legal obligation?

DoaM

Mastercard credit card? Was at least one of them items £100+? If yes then raise a Section 75* claim with them - make sure it's clear that you're raising a S75 claim and not a chargeback. If the seller won't respond then this may be the easiest route to a resolution.

* Section 75 of the Consumer Credit Act 1974 makes the credit provider jointly liable with the seller for the performance of the contract.

tracey28

Thank you, yes credit card and yes each lamp over £100. I buy on Credit card for the S75 but have never had to use it so unsure of process and if I could still use them when it was only a part of the money that was the issue, would I return the items and claim the extra postage costs from S75 or deal with Master card right from the off before returning the goods?

Matty36

DoaM wrote: »

Mastercard credit card? Was at least one of them items £100+? If yes then raise a Section 75* claim with them - make sure it's clear that you're raising a S75 claim and not a chargeback. If the seller won't respond then this may be the easiest route to a resolution.

* Section 75 of the Consumer Credit Act 1974 makes the credit provider jointly liable with the seller for the performance of the contract.

Didn't think it mattered what the cost of the individual items were as long as the total order was over £100?

Paul_DNAP

Matty36 wrote: »

Didn't think it mattered what the cost of the individual items were as long as the total order was over £100?

No, it's strictly based on single item value, and not transaction total. But in this case I think it could be argued that bedside lamps are sold as a matched pair and therefore "a pair of bedside lamps" is a single item in the one transaction.


Even then, the total was £259.99 in the OP, so £130 each is still above £100 per single lamp.

tracey28

Paul_NAP, you are correct, each lamp was £129, so okay as far as the £100 goes. The deal offered at the show, was the separate charging bases (normally £45 each) came as a "free offer" also the inserts (normally 19.99 each) with the lamp. The price was a special show deal I guess of their starter package (on the website at £149 for the three items). Their website does have refund terms which I think are against their legal obligations for a faulty item. unable to post link as too new, however the company is Touchdown Charging Ltd.

Paul_DNAP

As it was a promotional bundle, then counting it as a single item for section 75 claim seems perfectly reasonable.


EDIT - they look rather swish, I can see why you're disappointed they don't work well.

tracey28

They are, in theory very good, also a great idea. I would have much rather they worked and wasn't having to return them. Our phones, although not the very latest are not really old (an iphone 6 and one plus 6) but just are too temperamental with the wireless insert to accommodate the charging feature. In one email the guy did say there was a feature in the lamps that shut off the charge when full, so perhaps that was working incorrectly with my husband's iphone causing it to "bink" as it switched on and off charge, even though it was nowhere near 100%.


Update: I have, after another reminder yesterday, just received an email to say to send the items without insurance on a signed for courier, on receipt they will then refund the items and postage (which is a few pence over £5) As I did email to say were they happy to accept the loss or damage if I only spent £5 on postage, then I am taking that to be them accepting that risk. Fingers crossed the items get back to them without issue!

peter_the_piper

Without Insurance?? Eeek!! With his history?

DCFC79

Id consider just getting the insurance.
How much would insurance cost ?

DoaM

I'd agree ref. insured delivery ... regardless of what the seller says, you are engaging the courier so the goods remain at your liability until they are received by the seller.

Alternatively ... get the seller to send you a prepaid label for the return? That way the courier is engaged by them and so liability lies with them.