Restocking Fee Query

peetysmith

Hi All, 

1st post here so please be nice

I recently purchased a stereo upgrade for my car. For background the upgrade enables the current car stereo to be upgraded so that you can plug an iPhone or Android phone in and it will use either Apple Car Play or Android Auto. These basically offer an interface to run some apps on the built in stereo using the existing screens, etc that are in the car. This is to allow you to use google maps and Spotify, mainly, rather than the built in outdated sat nav and radio. I am not able to share a link as it's my first post. 

After seeing the details online we agreed an installation date over email/business WhatsApp. I paid 50% upfront (they did not hold stock of the item and requested this to order it in) and then 50% upon collection of the car, prior to seeing the installation. The 50% upfront was done via bank transfer and 50% on the day was paid via Amex. 

After seeing the installation the top of the display does not come through correctly and is not correctly aligned. This cuts off the top of the time, temperature display and battery display. If I'm honest the unit still functions but cutting off the top of the screen is not right and I'm not happy to have paid such a price for something that's not perfect. 

I complained about this on the day and they said they were going to contact the manufacturer. They have since gotten back to me and mentioned that the manufacturer commented: "Regarding the display, this is the resolution of Android Auto and it cannot be changed. This is to do with matching the resolution of Apple CarPlay and Android Auto to the factory screen in the car.". They are positioning this as expected behaviour. On the website there are no pictures of what the screen looks like with Android, which is what I'm using it for, nor is there any mention that the very top of the display is cut off. 

Already from their tone of email, i.e. that this is to be expected despite not being mentioned anywhere upfront, and the fact that on their website they claim that a 25% restocking fee will be applicable I am expecting that getting a refund is going to be complicated so I'd like to understand my rights first. 

So I guess my questions are:

1. Does the above sound like grounds for a refund under distance selling/consumer rights? Anything that I should be aware of when requesting a refund?
2. Does the way that I've paid cause any challenge on this, i.e. 50% paid upfront without seeing the goods (via bank transfer), 50% paid in person on Amex prior to seeing the installation
3. Where do I stand with refund on installation (£145 of the total price). Is this something that I can claim a refund for?

Thanks in advance for any guidance that you can provide. Purchase was made on the 16th December and the installation, and therefore delivery, was completed on the 20th December. 

Thanks,

Pete

cx6

For me, the starting point is this. Is the product performing to spec? If their advertising, FAQ, technical specs document, etc etc says the combination you are using is supported but does not mention this problem then a reasonable consumer would assume that everything was displayed and not cut off.

If the specs mention this resolution 'problem' but you simply did not read them etc then obviously you are on much shakier ground.

Assuming the first is true, then complain the product is not performing to spec and is faulty. and ask for a 'repair' or full refund.

As far as installation is concerned, it seems you paid this to the vendor and thus that should be refunded too (if you had paid a third party then that wouldn't be the case).

Luckily you paid part by card, so you can claim the whole amount against Amex if the vendor refuses to play ball.

Jenni_D

Amex credit card or Amex charge card?

peetysmith

Thanks for the replies guys.

@cx6 - correct, this is not working as expected and the specific product configuration I'm using was mentioned without any issues. The one point I would make is that only 50% of the payment was via Amex. The initial deposit was done by bank transfer.

@Jenni_D - 50% Amex credit card. 50% was via bank transfer.

Does the 50:50 payment affect anything do you think? Ulti.ately it's not performing as expected so I'm hoping it should be straight forward. 

Thanks
Pete

Jenni_D

The fact it was Amex credit card means you have Section 75 protection ... this means that the credit provider is jointly and severally liable with the seller for the performance of the contract. Thus whatever legal claim you may have against the seller you have an equal claim against the credit provider, which means you could sue either or both. (S75 only requires that some of the payment was made via credit, but provides protection for the whole amount).

Bearing in mind @cx6's post above, if there was no indication whatsoever regarding this issue then the goods/service do not conform to contract, thus the seller is liable to remedy the situation. (Repair, replace, refund [in full]). Or inside 30 days you can exercise your Initial Right To Reject for a full refund, though you would have to prove the non-conformance. If the seller won't budge then raise a S75 claim against Amex on the same basis.

peetysmith

@Jenni_D - thank you so much! Really helpful RE the S75 covering the whole emount even if only partially paid by Amex. 

I will go back to the retailer in the first instance and see where I get to.

Is there anything to consider or keep in mind with the s75 with Amex, e.g. should I notify them now of the issue?

Pete

peetysmith

Ah.. final question on this guys. Should I be paying the restocking fee, given the unit is not as expected? I presume not but would appreciate your input/guidance.

Pete

tasticz

No you should not