Use PayPal pay in 3, faulty item returned but no refund. What are our rights?

layhar

Ordered awning 24th June.
Delivered awning 26th June. 
Had some issues with the air beams and the valves being defective, contacted OLPRO who sent out some replacements, insuring us it was on a next day delivery for our impending trip. They sent them Royal Mail 48hr. We got by. 
Went away for the weekend to fully test it out (July 5th-7th) contacted OLPRO on the 7th July stating that the seams were leaking rain into the tent, it was puddling on the built-in ground sheet at the base of the air beams, provided videos and images via email on the 11th July. Chased them for a response on 15th July and got a reply on the 16th offering refund or replacement. We opted to give them another chance and asked for the replacement. They would not replace the awning until they had collected the faulty one and someone had to be home all day for this to happen, annoying but we managed to sort someone being home. It was collected on the 24th July and we were told that the replacement would be sent on the 25th, on a next day delivery, due to us requiring it for the weekend. OLPRO sent no replacement and instead contacted us telling us they were returning the faulty awning back to us for cleaning since the ground sheet was damp and had some grass on it. We replied stating that the actual tent was clean, used once, and that it was impossible for the bit that sits against the ground to not be as new since the weather was not favourable and we have no space anywhere in our home to house a tent of such a size. We said if we had turned it over to clean the bottom then the top would be damp instead! They ignored the email. We followed up now requesting a refund since we have been supplied faulty goods and they have not supplied a replacement. No reponse and no refund.

They attempted to deliver the faulty awning back to us on 29th and we refused delivery.

We paid using PayPal pay in 3 as it was a £629 awning and thought that we’d have some protection. However we contacted PayPal on the 29th and they said it was over 30days since it was delivered they could not get our money back. Even though we can supply all of the evidence showing what has happened, that OLPRO offered exchange or refund and have the awning back.

Spoke to bank who said they could recall the money back from PayPal but the agreement with PayPal would stand and so they could just take the money back out again after investigation. 

OLPRO are not responding to contact. 

Update: OLPRO responded…

 Hi Donna,

Thanks for your email.

I have notified PayPal of the following.

We have received your refused awning back to our warehouse.  As per our terms and conditions of returns, 

We cannot provide refunds or replacements for products that have incurred damage unrelated to manufacturer's defects or in a condition that makes them unsuitable for resale, this includes products that are dirty, damp, mouldy or have missing components. Upon receiving your order back, a refund will be processed within 14 days.

*If we receive the product and it does not meet these criteria, a 10% handling fee will be charged and deducted from your refund.

Kind Regards

Sarah @ Olpro

I have replied that the awning was returned due to manufacturer defect and therefore expect a FULL refund. Otherwise I shall be reporting them to trading standards for knowingly reselling faulty products and pursuing them in court for my money. 

Mark_d

You have a claim against OLPRO under the Consumer Rights Act 2015.  I would proceed with legal action against them

layhar

Mark_d said:

You have a claim against OLPRO under the Consumer Rights Act 2015.  I would proceed with legal action against them

Thank you Mark. Is there anyone I can go to for help with this? 

sheramber

layhar said:

Mark_d said:

You have a claim against OLPRO under the Consumer Rights Act 2015.  I would proceed with legal action against them

Thank you Mark. Is there anyone I can go to for help with this? 

Citizens Advice