Carstore 14 days return Policy

ronbentley
ronbentley Posts: 5 Forumite
Fourth Anniversary
edited 31 October 2019 at 12:45PM in Consumer rights
Hi Wonder in anyone can help on the below.

Sunday (29th of October) i bought a car from my local car store branch. After getting this home and going through the extras that they stated it had. I noticed that most of the extras were not included in this model. For example Android Auto, Lane Assist , Blind spot warning etc. Also i noticed that the SD card for the sat nav was missing as the service book was missing also.

After a few calls they called me back and sent me a few photocopies of the service book and agreed to find me an SD card., By this time i had had enough so wanted to return the car.

I went to CarStore who agreed to get a replacement service book but for all other things that were not included they say this information comes from an online portal and they cannot be help responsible for any errors in the listing. I bought the car because of these extras and could have saved a few thousand pounds for a lesser spec vehicle. I was also informed that Carstore do not offer a 14 return policy anymore even though it stated this on the Website when i purchased the car. To be fair i was informed that they were going to remove this but as it was still on the website i assumed it had not been actioned.

Anyway to cut a long story short they say that they do not offer a 14 day return policy and cannot be held responsible for the incorrect specs so refused to take the car back. Do i have to accept this or is there anything i can do.
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Comments

  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 31 October 2019 at 12:51PM
    ronbentley wrote: »
    Hi Wonder in anyone can help on the below.

    Sunday (29th of October) i bought a car from my local car store branch. After getting this home and going through the extras that they stated it had. I noticed that most of the extras were not included in this model. For example Android Auto, Lane Assist , Blind spot warning etc. Also i noticed that the SD card for the sat nav was missing as the service book was missing also.

    After a few calls they called me back and sent me a few photocopies of the service book and agreed to find me an SD card., By this time i had had enough so wanted to return the car.

    I went to CarStore who agreed to get a replacement service book but for all other things that were not included they say this information comes from an online portal and they cannot be help responsible for any errors in the listing. I bought the car because of these extras and could have saved a few thousand pounds for a lesser spec vehicle. I was also informed that Carstore do not offer a 14 return policy anymore even though it stated this on the Website when i purchased the car. To be fair i was informed that they were going to remove this but as it was still on the website i assumed it had not been actioned.

    Anyway to cut a long story short they say that they do not offer a 14 day return policy and cannot be held responsible for the incorrect specs so refused to take the car back. Do i have to accept this or is there anything i can do.


    Good warning - but if these things were important to you surely you checked when test-driving/viewing the car. The sat-nav SD card's the easiest thing in the world to go missing and surely (depending on make/model) the nav screen didn't show a map. The service book may/may not exist in physical format nowadays and the others should be realively easy to spot.


    Assuming they told you the 14day return policy no longer existed (and it certainly doesn't appear on the website any more) I'm not sure how you'll get anywhere
  • bigisi
    bigisi Posts: 925 Forumite
    As above, surely these things were all obviously missing when you viewed and test drove it? Why didn't you decide not to buy it then if these were so important to you?
  • I don’t think the 29th Oct was a Sunday this year.
    Are your dates/days correct ?
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Do you sync your phone to a car when test driving it? I reckon most people would not, so lack of Android Auto wouldn't be obvious. Some of the other extras may be obvious on a test drive, others not.

    Bottom line - the seller is responsible for the goods being accurately described. (Where they get it from is irrelevant - it's still their responsibility). If the goods don't match the description then they don't conform to contract. Thus the OP is entitled to require the seller to make the goods conform to contract, or a full* refund. However (for a refund) the OP would need to stop using the vehicle immediately and either return it (if they collected from the seller) or make it available for collection (if it was delivered).

    * With vehicles the seller can make a minor deduction for loss of value; but it the OP has only put a few miles on the clock such loss of value would be negligible.
  • Sorry It was the 27th

    When i test drove the car the navigation worked and as i say they gave me a new SD card so that is not an issue. For the rest suppose i should have made sure it had all the extras. Although some like Android auto i would not know until i plugged in the USB lead. Also hard to test automatic braking :)
    Anyway you live and learn it is not a bad car just not what i was expecting.
  • DoaM wrote: »
    Do you sync your phone to a car when test driving it? I reckon most people would not, so lack of Android Auto wouldn't be obvious. Some of the other extras may be obvious on a test drive, others not.

    Bottom line - the seller is responsible for the goods being accurately described. (Where they get it from is irrelevant - it's still their responsibility). If the goods don't match the description then they don't conform to contract. Thus the OP is entitled to require the seller to make the goods conform to contract, or a full* refund. However (for a refund) the OP would need to stop using the vehicle immediately and either return it (if they collected from the seller) or make it available for collection (if it was delivered).

    * With vehicles the seller can make a minor deduction for loss of value; but it the OP has only put a few miles on the clock such loss of value would be negligible.

    Took the Car back even offered to buy a vehicle from them at the same value, but they point blank refused.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 31 October 2019 at 4:06PM
    ronbentley wrote: »
    Took the Car back even offered to buy a vehicle from them at the same value, but they point blank refused.
    If the car was advertised with these features and doesn't have them then then it is clearly not as described and you are legally entitled to return it for a full refund. It's the responsibility of the seller to ensure that it meets it's description so they can't simply use the excuse that it's not down to them. Go back to them and formally reject the car.

    The only thing I can see about 14 days is their 14 day price promise, I can't see anywhere that they advertise a 14 day returns guarantee., so you need to exercise you statutory consumer rights under the Consumer Rights Act 2015.
  • neilmcl wrote: »
    If the car was advertised with these features and doesn't have them then then it is clearly not as described and you are legally entitled to return it for a full refund. It's the responsibility of the seller to ensure that it meets it's description so they can't simply use the excuse that it's not down to them. Go back to them and formally reject the car.

    The only thing I can see about 14 days is their 14 day price promise, I can't see anywhere that they advertise a 14 day returns guarantee., so you need to exercise you statutory consumer rights under the Consumer Rights Act 2015.

    It is still on there website under legal

    Our fair use policy
    To get our 14-Day Money Back Guarantee, we need you to take really good care of your car whilst you're deciding whether to keep it.

    Drive it for no more than 400 miles (excluding the distance of 1 trip from your home to your closest Car Store). We'll charge a flat rate of £1 per mile if you go over this limit.
    Fulfil all your legal responsibilities as the owner of the car - including taxes, insurance and paying any fines you incur whilst driving it.
    Keep the car in the same condition as it was when you picked it up. We'll need to charge for any new damage caused whilst the car is in your care.
    Return the car with all keys, books (such as manuals and service books) and accessories (like floor mats and SD cards) that were supplied with it
    You can use our money back guarantee once per household in any 6 month period.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sorry but I can't see that anywhere. Can you post a link please?

    Not that it really matters much, my advice regarding your consumer rights remains the same.
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    neilmcl wrote: »
    Sorry but I can't see that anywhere. Can you post a link please?

    Not that it really matters much, my advice regarding your consumer rights remains the same.

    Likewise it doesn't show for me - I did however find
    Please ensure that a vehicle has any specific feature that is important to you prior to purchase
    It'd be an interesting test case to check this vs the spec advertised for a 'standard' car
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