Bought a strimmer online, It didn't work, returned, not a full refund?

rhazrr

I bought a petrol strimmer online for £110, it arrived, my first thoughts were, its terrible quality, but i pushed on and thought you get what you pay for. After following all of the instructions, we couldn't get it to start, called the company, they tried to help me get it started, but were not able to help, it still wouldn't start, eventually we gave up, and decided to return it. Called the company, they said they would arrange a collection, the collection happened, and then i received a call to say that they may not able to refund me in full. If the machine goes back, and it is checked, and found to be working, I will be liable for a 25% deductions, based on returning a used machine that is working. 
My understanding was that if I order something and its terrible quality, doesn't work and is inside 30 days, I can return it for a full refund???

pbartlett

You have 14 days to return with no questions asked for online purchases.

rhazrr

This was my understanding of it, but I've been told that this is not the case here. Is there some documentation that states this so I can go back to the company with it. 

Aylesbury_Duck

Yes, the consumer rights act, 2015.

I'm assuming you are a consumer and not a business?  If you bought this for business use, then consumer rights don't apply in the same way, it's down to the terms of the B2B contract.

rhazrr

Ok so i called them again - they said that the machine needs to be checked before they can refund, they said that the machine is now classed as a used machine, even though i haven't used it. It has had oil and fuel put into it, as I tried to start it, as far as they are concerned, its now a used machine. If it is checked and they can get it to start, i'll be charged 25% for returning a non-faulty used machine. 

Aylesbury_Duck

How long ago did you buy it?  And receive it?

With online purchases, you have 14 days from receipt to inspect and try the goods.  If you don't like it, you can return it, but you can't take the mickey, e.g. strim your whole lawn with it twice every day then take it back.  In your case, what you've done may constitute unreasonable handling, in other words, more handling that you would have been able to do in store, which certainly wouldn't have been to oil it, fuel it and strim with it.

If you allege it's faulty and are returning it, they are entitled to check that the fault exists.  If it's a case of you not being able to follow instructions, or having done something else to it to make it impossible to start, then they're entitled not to accept it back at all, so making a deduction seems reasonable.

In order for people to advise properly, you'll need to provide a few more details.  When did you buy it?  Who from?  When did you receive it?  Are you a business?  

neilmcl

pbartlett said:

You have 14 days to return with no questions asked for online purchases.

Whilst he has the right to cancel under distance selling regs (CCRs) he doesn't necessarily have the right to a full refund, particularly id it's been used beyond what is allowed, which I'd argue is the case here.

neilmcl

rhazrr said:

Ok so i called them again - they said that the machine needs to be checked before they can refund, they said that the machine is now classed as a used machine, even though i haven't used it. It has had oil and fuel put into it, as I tried to start it, as far as they are concerned, its now a used machine. If it is checked and they can get it to start, i'll be charged 25% for returning a non-faulty used machine. 

That's entirely reasonable. If you want a refund you have to prove that it's faulty, if you can't and it is shown not to be faulty then they are entitled to deduct an amount for returning it to take into account your usage.

rhazrr

Aylesbury_Duck said:

How long ago did you buy it?  And receive it?

With online purchases, you have 14 days from receipt to inspect and try the goods.  If you don't like it, you can return it, but you can't take the mickey, e.g. strim your whole lawn with it twice every day then take it back.  In your case, what you've done may constitute unreasonable handling, in other words, more handling that you would have been able to do in store, which certainly wouldn't have been to oil it, fuel it and strim with it.

If you allege it's faulty and are returning it, they are entitled to check that the fault exists.  If it's a case of you not being able to follow instructions, or having done something else to it to make it impossible to start, then they're entitled not to accept it back at all, so making a deduction seems reasonable.

In order for people to advise properly, you'll need to provide a few more details.  When did you buy it?  Who from?  When did you receive it?  Are you a business?  

I'm an individual, i bought on the 11th May, it arrived on the 12th, I tried to start it that day, but after following the instructions to a T i couldn't get it started, called their aftersales dept, they suggested some steps, but i still couldn't start it. On the afternoon of the 12th, I asked if i could return it for a refund.

neilmcl

rhazrr said:

Aylesbury_Duck said:

How long ago did you buy it?  And receive it?

With online purchases, you have 14 days from receipt to inspect and try the goods.  If you don't like it, you can return it, but you can't take the mickey, e.g. strim your whole lawn with it twice every day then take it back.  In your case, what you've done may constitute unreasonable handling, in other words, more handling that you would have been able to do in store, which certainly wouldn't have been to oil it, fuel it and strim with it.

If you allege it's faulty and are returning it, they are entitled to check that the fault exists.  If it's a case of you not being able to follow instructions, or having done something else to it to make it impossible to start, then they're entitled not to accept it back at all, so making a deduction seems reasonable.

In order for people to advise properly, you'll need to provide a few more details.  When did you buy it?  Who from?  When did you receive it?  Are you a business?  

I'm an individual, i bought on the 11th May, it arrived on the 12th, I tried to start it that day, but after following the instructions to a T i couldn't get it started, called their aftersales dept, they suggested some steps, but i still couldn't start it. On the afternoon of the 12th, I asked if i could return it for a refund.

Well if that's the case that you haven't actually used it then you should be entitled to a full refund, even if it isn't faulty, as purchased it online and therefore the Consumer Contracts Regulations 2013 (CCRs) cover it.

Sandtree

neilmcl said:

rhazrr said:

Aylesbury_Duck said:

How long ago did you buy it?  And receive it?

With online purchases, you have 14 days from receipt to inspect and try the goods.  If you don't like it, you can return it, but you can't take the mickey, e.g. strim your whole lawn with it twice every day then take it back.  In your case, what you've done may constitute unreasonable handling, in other words, more handling that you would have been able to do in store, which certainly wouldn't have been to oil it, fuel it and strim with it.

If you allege it's faulty and are returning it, they are entitled to check that the fault exists.  If it's a case of you not being able to follow instructions, or having done something else to it to make it impossible to start, then they're entitled not to accept it back at all, so making a deduction seems reasonable.

In order for people to advise properly, you'll need to provide a few more details.  When did you buy it?  Who from?  When did you receive it?  Are you a business?  

I'm an individual, i bought on the 11th May, it arrived on the 12th, I tried to start it that day, but after following the instructions to a T i couldn't get it started, called their aftersales dept, they suggested some steps, but i still couldn't start it. On the afternoon of the 12th, I asked if i could return it for a refund.

Well if that's the case that you haven't actually used it then you should be entitled to a full refund, even if it isn't faulty, as purchased it online and therefore the Consumer Contracts Regulations 2013 (CCRs) cover it.

If they have attempted to start a petrol strimmer they must have filled it with petrol (else theres an obvious reason why it didnt start).

Rules on distance selling is about reasonable inspection and broadly intended to mirror what you can do in store as a rule of thumb... not sure if B&Q would be happy with someone turning up with a jerry can of petrol and start trying to fill up the petrol strimmers and mowers to test them out in store