Trading Standards vs incarexpress.co.uk

deklan99

Caught my eye since I've just been reading the free consumer rights guide from here - http://www.computeractive.co.uk/fair/
Bottom line is the buyer is entitled to full refund including cost of return postage if goods proven to be faulty. Goods can't be proven to be faulty until seller has got them back to test and nowhere does it say the postage charges have to be paid up front by the seller.

If the retailer requires you to send the goods back
at your own expense, make a note of the cost. If the
retailer admits the item is faulty, it must refund the

cost of sending the item in for it to check

Suggests it's at the seller's discretion how they go about things, not a point of law/act or whatever.

I would say the OP has got it wrong.

mdbarber

deklan99 wrote: »

Caught my eye since I've just been reading the free consumer rights guide from here - http://www.computeractive.co.uk/fair/
Bottom line is the buyer is entitled to full refund including cost of return postage if goods discovered to be faulty. Goods can't be proven to be faulty until seller has got them back to test and nowhere does it say the postage charges have to be paid up front by the seller.

If the retailer requires you to send the goods back
at your own expense, make a note of the cost. If the
retailer admits the item is faulty, it must refund the

cost of sending the item in for it to check

Suggests it's at the seller's discretion how they go about things, not a point of law/act or whatever.

I would say the OP has got it wrong.

well thats hardly the bottom line now is it?, once again for the slower folk out there
Section 36 of the SOGA (As Amended) states as such yet do I really need to declare there is no law that says I have to return them so the defendants can test if my claims are true
I really can't believe that someone is suggesting a district judge will ignore a written piece of statute on the basis he finds it morally wrong!!, now that is bordering on libel
As for DMG Ha,Iwas given a list of nearly 30 legal arguments or get outs pertaining to my case. yet you with your claimed legal training have so far failed to mention one.
that tells me you are a liar through and through, hows that for entertaining?

ps deklan it is not my point of view, simply that of my local trading standards, are you saying they got it wrong?

mdbarber

grayme-m wrote: »

Is it this?:

Buyer not bound to return rejected goods

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.
But that's not what happened, it was accepted....

Acceptance is not the same as signing for them on delivery in legal terms incarexpress pointed that out to me.

grayme-m

mdbarber wrote: »

Acceptance is not the same as signing for them on delivery in legal terms incarexpress pointed that out to me.

Doesn't fitting the item in your car constitute acceptance?

dmg24

mdbarber wrote: »

well thats hardly the bottom line now is it?, once again for the slower folk out there
Section 36 of the SOGA (As Amended) states as such yet do I really need to declare there is no law that says I have to return them so the defendants can test if my claims are true
I really can't believe that someone is suggesting a district judge will ignore a written piece of statute on the basis he finds it morally wrong!!, now that is bordering on libel
As for DMG Ha,Iwas given a list of nearly 30 legal arguments or get outs pertaining to my case. yet you with your claimed legal training have so far failed to mention one.
that tells me you are a liar through and through, hows that for entertaining?

ps deklan it is not my point of view, simply that of my local trading standards, are you saying they got it wrong?

Where've you been mdbarber?

We've missed you!

grayme-m

mdbarber wrote: »

once again for the slower folk out there

Section 36 of the SOGA (As Amended) states as suchI really can't believe that someone is suggesting a district judge will ignore a written piece of statute on the basis he finds it morally wrong!!, now that is bordering on libel

Which judge have I libeled?Could you please quote (again) Section 36 of the SOGA (As Amended); thanks.

mdbarber

grayme-m wrote: »

Which judge have I libeled?Could you please quote (again) Section 36 of the SOGA (As Amended); thanks.

I wrote " that is bordering on libel"

grayme-m wrote: »

Doesn't fitting the item in your car constitute acceptance?

Well you tell me?, though I would like a bit more info than dmgs usual "Because I say so"
The law allows me reasonable time to ascertain whether or not the goods fit the bill, how can i do that without connecting it up?.

cavycrazy_2

mdbarber wrote: »

can you please point to me in those terms and conditions where it states, "if customer rejects goods under soga they must pay for return of goods for testing"?

The warranty does not cover incidental or consequential losses, the cost of return for testing or the cost of removal and reinstallation

You agreed to these terms. That cancels out anything else because you knowingly, willingly and happily accepted THESE terms.

mdbarber

cavycrazy wrote: »

The warranty does not cover incidental or consequential losses, the cost of return for testing or the cost of removal and reinstallation

You agreed to these terms. That cancels out anything else because you knowingly, willingly and happily accepted THESE terms.

oh please you moron, i have not claimed under their warranty and have stated this many times please stop repeating your drivel,
I REJECTED THE GOODS UNDER THE SOGA, is that clear enough for you or will you please sign this piece of paper which states i can commit a crime and you will take the blame,,, idiot

cavycrazy_2

mdbarber wrote: »

oh please you moron, i have not claimed under their warranty and have stated this many times please stop repeating your drivel,
I REJECTED THE GOODS UNDER THE SOGA, is that clear enough for you or will you please sign this piece of paper which states i can commit a crime and you will take the blame,,, idiot

Warranty

Unless stated, all product we supply is brand new and comes with 12 months return to base manufacturer's warranty.

You can say you rejected the thing under the SOGA until you're blue in the face - fact is you agreed when you bought it that if it was faulty, YOU would return it for testing at your expense.

It's a wonder you're allowed out on your own, much less allowed to purchase things over the internet. Up until now, I had been hoping you'd win, but now I can't wait till your court date and you either come back and say you've lost or just don't come back at all and we all know you've lost.

Did it ever work at all? For just a second? And then broke down?

Originally said by you on page 7
"This was installed a couple of days after xmas and worked fine, for less than 10mins then it died and failed to respond with any more than an occasional beep."

So it worked, and broke down.

T's&C 's - they're not just for the intellectuals.