CEX.com refusing refund

sunlak84

Hi all, I'm a first time poster here so apologies if I'm doing anything that doesn't adhere to the guidelines!

I bought a second hand Sonos Sub from CEX.com for £520 on 7th August. The item was described as Category B, which from their own website is described as follows:

"B - Good - Product in good condition with all essential accessories. No box required"

When the item was delivered on 10th August, I opened the box to find out there was significant damage to the item:

I went onto their website but there is no number to call, and the help section advised that online returns can be taken back to store.

So I went to one of their high streets stores as soon as I could, on August 18th. They accepted the item back into their care, but said that I'd have to raise a support ticket with their online team. I went home and did this.

After much to-ing and fro-ing, and the CEX rep asking me the same questions over and over again, they have refused to give me a refund on the grounds that I didn't bring this to their attention within 2 days of delivery. Part of their reasoning is that their delivery company (DPD) denied that they damaged the item (the packaging was fully intact when I received it).

My first thought is that this is downright illegal to insist on a 2-day period? Furthermore there is no mention of this in their own help guide!

<won't let me post a link - go to their help section and type in 'damaged'>

I've made a claim through my credit card company, but surely they can't be allowed to continue with these practices? I'm contemplating taking this to the Ombudsman even if my credit company refund me.

Awful, awful company who seem to be completely devoid of ethics. I've learnt my lesson and will never use them ever again.

jon81uk

sunlak84 said:

Hi all, I'm a first time poster here so apologies if I'm doing anything that doesn't adhere to the guidelines!

I bought a second hand Sonos Sub from CEX.com for £520 on 7th August. The item was described as Category B, which from their own website is described as follows:

"B - Good - Product in good condition with all essential accessories. No box required"

When the item was delivered on 10th August, I opened the box to find out there was significant damage to the item:

I went onto their website but there is no number to call, and the help section advised that online returns can be taken back to store.

So I went to one of their high streets stores as soon as I could, on August 18th. They accepted the item back into their care, but said that I'd have to raise a support ticket with their online team. I went home and did this.

After much to-ing and fro-ing, and the CEX rep asking me the same questions over and over again, they have refused to give me a refund on the grounds that I didn't bring this to their attention within 2 days of delivery. Part of their reasoning is that their delivery company (DPD) denied that they damaged the item (the packaging was fully intact when I received it).

My first thought is that this is downright illegal to insist on a 2-day period? Furthermore there is no mention of this in their own help guide!

<won't let me post a link - go to their help section and type in 'damaged'>

I've made a claim through my credit card company, but surely they can't be allowed to continue with these practices? I'm contemplating taking this to the Ombudsman even if my credit company refund me.

Awful, awful company who seem to be completely devoid of ethics. I've learnt my lesson and will never use them ever again.

I don't think there is a retail ombudsman.

You should have reported to CEX as soon as possible and within 30 days if its faulty. I agree it shouldn't be damaged and it makes no difference the cause (whether it was a poorly graded item or damage in transit). Unfortunately by returning to store I think that has caused further issues, you would have been better to submit the online support request immediately after finding the fault.

sunlak84

Hi Jon. Yes, perhaps that's fair, however I was only following what their online support guide said. It's a really bulky item so I thought taking it to store would be better than sending it by post.

I took it to store 8 days after delivery, so well within the 30 days. To insist on 2 days seems a breach of consumer rights to me?

bris

How long after delivery did it take to report it, It's pretty obvious damage so why not on the day it was delivered?

A new toy like that is generally opened straight away  so you must see how suspicious this looks to them.

Tokmon

sunlak84 said:

Hi Jon. Yes, perhaps that's fair, however I was only following what their online support guide said. It's a really bulky item so I thought taking it to store would be better than sending it by post.

I took it to store 8 days after delivery, so well within the 30 days. To insist on 2 days seems a breach of consumer rights to me?

I don't understand why you would wait 8 days to report it and then take it to a store? Why didn't you contact them as soon as you received it to report the fault because waiting 8 days does sound like you damaged it and then tried your luck at returning it. 

They managed to post it to you fine so i don't see why it would be an issue to send back, especially when they would have had to pay for the return. 

the_lunatic_is_in_my_head

There is no time limit for the consumer to report that the goods do not conform to the contract (other than the consumer only having 6 years to follow a legal avenue).

Within 6 months it is take that the goods did not conform unless it is demonstrated otherwise. DPD stating they didn't damage the parcel doesn't demonstrate it wasn't sent in this condition. 

How did you pay OP?

I see you paid by credit card so hopefully they'll be more aware of their obligations than CEX.

Have they opened a chargeback or S75 claim?