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

Ditzy_Mitzy

Did you do any basic checks in relation to it?  Generally speaking it's best to pull the spark plug out and turn the engine over with the plug wire attached to check for a spark, then check to see if petrol is being drawn through the carburettor.  If all else fails, a squirt of easy start or WD40 into the carburettor mouth usually gets the engine going.  

Bradden

There is also a legal issue with transporting fuel. When I worked for B&Q years ago when we had to  ut labels on all the petrol tools warning people to drain all fuel before transporting. 

I remember that we had a lot of returns on strimmers etc.. either because they bought one to do a job and would then return them ... or failed to read the instructions and broken them through misuse.

Famoulsy the MD actually did this.. tried to reurn a faulty chainsaw to have someone point out that he had put any oil in!

Manxman_in_exile

Sandtree said:

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

The consumer is entitled to "handle" the goods in such a manner as to allow them "... to establish the nature, characteristics and functioning of the goods... " without losing their right to a full refund when cancelling a distance sale.  ( ss 29 & 34(9) CCR 2013)

It may not be entirely clear what "and functioning" means, but it's certainly possible to read it that Parliament intended the consumer to be able to check that something actually worked when it was switched on.  How could they do that with a petrol driven strimmer without putting petrol in it and trying to start it?

And does the Act mention anything about doing something that you could not do in a store affecting the right to cancel?  (I know you've described it as a rule of thumb, but it's often cited on this board as if it's in the legislation - I don't think it is... )

Sandtree

Manxman_in_exile said:

Sandtree said:

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

The consumer is entitled to "handle" the goods in such a manner as to allow them "... to establish the nature, characteristics and functioning of the goods... " without losing their right to a full refund when cancelling a distance sale.  ( ss 29 & 34(9) CCR 2013)

It may not be entirely clear what "and functioning" means, but it's certainly possible to read it that Parliament intended the consumer to be able to check that something actually worked when it was switched on.  How could they do that with a petrol driven strimmer without putting petrol in it and trying to start it?

And does the Act mention anything about doing something that you could not do in a store affecting the right to cancel?  (I know you've described it as a rule of thumb, but it's often cited on this board as if it's in the legislation - I don't think it is... )

Hey, I hedged my bets much further that just saying rule of thumb.

As always with law it all comes down to interpretation, which generally is ultimately the build up of case law over time, but on a personal level (as a random person on the internet, not claiming to be some law guru) the "functioning" of the goods (how it works) is not testing that the goods are functional (if it works). So for example if I buy some speakers do I like how they sound rather than if they make sound or not. There is already plenty of legislation to deal with rejecting defective goods irrespective if bought online or in store. 

unholyangel

CCRs only permit a deduction from the refund if:
1) The handling goes beyond what is necessary to establish nature/function/characteristics of goods
2) The handling diminishes the value
3) The retailer complied with their legal obligations about giving the necessary information (including that the refund would be reduced in the described circumstances) to the consumer in a durable medium before the contract is concluded. 

Very few retailers comply with item number 3, so there's a decent probability they won't be able to reduce even if the goods do conform to contract. 

unholyangel

Manxman_in_exile said:

The consumer is entitled to "handle" the goods in such a manner as to allow them "... to establish the nature, characteristics and functioning of the goods... " without losing their right to a full refund when cancelling a distance sale.  ( ss 29 & 34(9) CCR 2013)

It may not be entirely clear what "and functioning" means, but it's certainly possible to read it that Parliament intended the consumer to be able to check that something actually worked when it was switched on.  How could they do that with a petrol driven strimmer without putting petrol in it and trying to start it?

And does the Act mention anything about doing something that you could not do in a store affecting the right to cancel?  (I know you've described it as a rule of thumb, but it's often cited on this board as if it's in the legislation - I don't think it is... )

Handling the goods in a way that go beyond what would be allowed in a store doesn't remove the right to cancel. Just the right to a full refund (assuming all 3 conditions I mentioned above are satisfied). 

As for where legislation says about what's allowed in a shop.....s34(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.

Functioning just means what purpose they serve. It was discussed during the legislative process (consultations & reports) as well as in the implementing guidance provided by BIS. They basically said there was no need for the CCRs to concern itself with faulty/misdescribed since rights & remedies were already prescribed for in other legislation. 

ETA: if it helps....nature of a chair is that it's a chair. functioning is to be sat on. characteristics could be that it's leather upholstery and metal base.