Fake item, Section 75

cpennington87

Hello all, I'm wanting a wee bit of advice

I recently paid quite a bit of money (iro £500) for a mirror made by a well known bathroom company, from a third party bathroom website. The mirror arrived, and it seemed off. Quality not great, didn't come with the features described (demister pad, IR sensor).

I wrote to the vendor to ask where the additional parts were. Got fobbed off.

I emailed the manufacturer with a link to the product. They advised me that the product is fake, and they would investigate.

I threw the mirror away because it just wasn't what I was expecting.

The vendor ignored my emails initially.

Now, they have offered a partial refund, or a full refund if I return the item. 

My question is; am I entitled to a full refund because the item is fake? Do I have to return the item for a full refund, bearing in mind, I can't? Will I be awarded a Section 75 in spite of throwing the item away?

Thank you

Nearlyold

Was it advertised as the genuine branded item?

eskbanker

No, if you've disposed of the item, you have no way of demonstrating any alleged breach of contract, so have effectively waived any refund rights you may have had from anyone other than the vendor.

DullGreyGuy

I would highly question how the manufacturer would know for certain that the product on the website was fake simply by looking at the website. What was the outcome of their investigation?

Presumably they never actually inspected your particular item? So all they may really be able to say is that it wasn't an authorised reseller of their products but they'll have no idea if the company is getting grey imports and is selling the genuine items or if it is a fake. 

Normally you'd send the item back and if the refund didnt appear then you'd do a chargeback. Clearly you have lost that opportunity now. 

S75 may be open to you but if I were assessing your case I'd want a report from someone who'd actually seen your item to confirm it was a fake and not just someone who's looked at a webpage. Given you can no longer do that the case can easily be lost. 

Grumpy_chap

cpennington87 said:

Hello all, I'm wanting a wee bit of advice

I recently paid quite a bit of money (iro £500) for a mirror made by a well known bathroom company, from a third party bathroom website. The mirror arrived, and it seemed off. Quality not great, didn't come with the features described (demister pad, IR sensor).

I wrote to the vendor to ask where the additional parts were. Got fobbed off.

I emailed the manufacturer with a link to the product. They advised me that the product is fake, and they would investigate.

I threw the mirror away because it just wasn't what I was expecting.

The vendor ignored my emails initially.

Now, they have offered a partial refund, or a full refund if I return the item. 

My question is; am I entitled to a full refund because the item is fake? Do I have to return the item for a full refund, bearing in mind, I can't? Will I be awarded a Section 75 in spite of throwing the item away?

Thank you

What was the time scale that this progressed over?

Ultimately, your Consumer Rights have been honoured by the supplier offering a full refund on return of the item.
It is entirely reasonable that the supplier requires the item back, otherwise the system would be open to abuse.

It was your choice to dispose of the item while still pursuing a resolution.  That seems like an act in haste.

Your option to raise a claim under S75 is only where you can hold the CC provider liable because the supplier failed to honour the obligations.  The supplier has honoured the obligations, so no second bite under S75.

Aylesbury_Duck

You have no right to a full refund having thrown the mirror away.  A partial refund might be the best offer you're going to get, and might be considered generous in the circumstances.  How much is the partial refund offer?

Olinda99

where did you buy it from - it's not one of these Chinese sites where they will only refund in full if you return it to Chinna

PS  I have to ask - what does £500 buy you in a mirror?!

Aylesbury_Duck

Olinda99 said:

where did you buy it from - it's not one of these Chinese sites where they will only refund in full if you return it to Chinna

PS  I have to ask - what does £500 buy you in a mirror?!

A lengthy period of reflection?

Okell

Why on earth did you throw it away?

What did you think you would gain from doing so?

(If it was a fake it would be one of those rare situations where Trading Standards might actually be interested.  But not if you've dumped the evidence...)

TELLIT01

The OP claims to have thrown an item away which cost £500 whilst attempting to get their money back.  At best this was extremely poor thinking.  How on earth did they think they were going to get any recourse when they no longer have the item?

pinkshoes

cpennington87 said:

Hello all, I'm wanting a wee bit of advice

I recently paid quite a bit of money (iro £500) for a mirror made by a well known bathroom company, from a third party bathroom website. The mirror arrived, and it seemed off. Quality not great, didn't come with the features described (demister pad, IR sensor).

I wrote to the vendor to ask where the additional parts were. Got fobbed off.

I emailed the manufacturer with a link to the product. They advised me that the product is fake, and they would investigate.

I threw the mirror away because it just wasn't what I was expecting.

The vendor ignored my emails initially.

Now, they have offered a partial refund, or a full refund if I return the item. 

My question is; am I entitled to a full refund because the item is fake? Do I have to return the item for a full refund, bearing in mind, I can't? Will I be awarded a Section 75 in spite of throwing the item away?

Thank you

If you wanted a refund (as per your rights) then you would need to make the item available to the retailer for collection. 

By throwing the item away, you have essentially accepted it.

You can push for a full refund with it being fake, but you would need a written report from the manufacturer stating that it was a fake. When you said the manufacturer "advised" you, did they put this in writing? Have they stated that they do not supply this 3rd party with their goods?