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AriaPC rejecting my claim from Consumer Rights Act regarding return postage for faulty item
RockandGrohl
Posts: 78 Forumite
Hi all, going to make this as short & sweet as possible.
Bought a £350 graphics card from AriaPC for a client's video editing PC, and the fan is faulty, the bearing is obviously faulty and it creates a loud buzzing sound, excess heat and when the fan dies there will be a big problem.
I want to send it back for a refund as it's cheaper on Amazon anyway, so I'm talking to their returns team and they are saying they offer a £10 goodwill gesture for return postage.
I have looked on Parcel2Go, and cheapest insured delivery is something like £8 + >£20 in insurance, when VAT is all said & done.
I can send via Royal Mail which should be cheaper, insured and tracked, but it's still over £10.
They are saying the Consumer Rights Act doesn't say anything about return postage, but from all the advice sites etc it says that when the item is faulty, the retailer must provide or pay for the full cost of the return postage.
I then quoted this to them and they are not moving, re-stating that under the CRA they don't have to do anything, and that their £10 is goodwill.
I know they are being misleading, chancing that people won't make a fuss over a few quid, but I'm principled, damnit, so I don't like the idea of companies screwing over those that don't know any better or can't be bothered.
Here's what I've quoted:
They have breached our contract by providing faulty goods and thus I am seeking to recover costs incurred to me, in order to satisfy my rights of a full refund.
Am I getting confused here? Because apparently even though all the advice sites like this and "Which?" confirm my thoughts - that the retailer has to provide return postage costs, I can't see anything ironclad in the CRA and I want to definitively clear it up before I turn the snark on the max and suggest settling the matter officially.
Bought a £350 graphics card from AriaPC for a client's video editing PC, and the fan is faulty, the bearing is obviously faulty and it creates a loud buzzing sound, excess heat and when the fan dies there will be a big problem.
I want to send it back for a refund as it's cheaper on Amazon anyway, so I'm talking to their returns team and they are saying they offer a £10 goodwill gesture for return postage.
I have looked on Parcel2Go, and cheapest insured delivery is something like £8 + >£20 in insurance, when VAT is all said & done.
I can send via Royal Mail which should be cheaper, insured and tracked, but it's still over £10.
They are saying the Consumer Rights Act doesn't say anything about return postage, but from all the advice sites etc it says that when the item is faulty, the retailer must provide or pay for the full cost of the return postage.
I then quoted this to them and they are not moving, re-stating that under the CRA they don't have to do anything, and that their £10 is goodwill.
I know they are being misleading, chancing that people won't make a fuss over a few quid, but I'm principled, damnit, so I don't like the idea of companies screwing over those that don't know any better or can't be bothered.
Here's what I've quoted:
Consumer’s rights to enforce terms about goods
(5) If the trader is in breach of a term that section 12 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid or the value of other consideration given for the goods.
They have breached our contract by providing faulty goods and thus I am seeking to recover costs incurred to me, in order to satisfy my rights of a full refund.
Am I getting confused here? Because apparently even though all the advice sites like this and "Which?" confirm my thoughts - that the retailer has to provide return postage costs, I can't see anything ironclad in the CRA and I want to definitively clear it up before I turn the snark on the max and suggest settling the matter officially.
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Comments
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This is a business to business transaction, the rules are not the same.
Anyway, assuming a graphics card does not weigh more than a Kg you can send it for £8.70 special delivery, £11 if between 1 & 2Kg, so worse case you will be a £1 worse off best case you will be up by £1.30.0 -
You better keep that 'snark' on hold.
Your principles won't get you anywhere if you think the CRA applies to B2B transactions.0 -
Assuming AriaPC realise it's a B2B transaction.
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Keep_pedalling wrote: »This is a business to business transaction, the rules are not the same.
Anyway, assuming a graphics card does not weigh more than a Kg you can send it for £8.70 special delivery, £11 if between 1 & 2Kg, so worse case you will be a £1 worse off best case you will be up by £1.30.
It was bought inc. vat and to their knowledge, I am not a business.
On here I say my client, but it's a mate. I was building a PC for a mate.0 -
RockandGrohl wrote: »
On here I say my client, but it's a mate. I was building a PC for a mate.
Did you say it twice to try and convince yourself, or us?
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mattyprice4004 wrote: »Did you say it twice to try and convince yourself, or us?
I thought exactly the same myself.
Who would ever refer to a mate as "a client"?
"I'm just popping up the pub for a couple of beers with a client" when in fact you are going drinking with a friend0 -
I sometimes refer to my wife as my client. Keeps the marriage fresh.
Anyway if it's genuinely faulty then they should pay return postage. If you're picking up a fault that's not actually there so you can buy it cheaper on Amazon then they don't owe you anything.0 -
Fishier than the North Sea...shaun_from_Africa wrote: »I thought exactly the same myself.
Who would ever refer to a mate as "a client"?
"I'm just popping up the pub for a couple of beers with a client" when in fact you are going drinking with a friend0 -
shaun_from_Africa wrote: »I thought exactly the same myself.
Who would ever refer to a mate as "a client"?
"I'm just popping up the pub for a couple of beers with a client" when in fact you are going drinking with a friend
Goodness, guys!
It's a friend of friend. I am not a VAT registered business, I didn't buy the parts under a business. I have no VAT registered business whatsoever. I paid VAT on the parts. I'm not claiming anything back under expenses. Anything else?
This is a consumer purchase from a retailer that sells to the public. So I have my rights. I would just like total and clear clarification.
By the way, it came to £1 over. I could give a toss about the quid, it's the message. They are misleading people into thinking they don't have the right for the full cost of return postage.0 -
I sometimes refer to my wife as my client. Keeps the marriage fresh.
Anyway if it's genuinely faulty then they should pay return postage. If you're picking up a fault that's not actually there so you can buy it cheaper on Amazon then they don't owe you anything.
Right, thanks. But where in the CRA is that quoted? Because what I'm seeing is somewhat vague and open to interpretation.
The item is faulty, I have several videos proving this. The fan bearing is knackered on a brand new unopened GPU. It rattles loudly when spinning and produces generous levels of heat when the bearing housing is touched. This is the fan that blows directly above where the actual chip is under the heatsink, so if this goes in 6 months time, the GPU will cook and render the whole £366 thing useless.
I was game on to return & replace, but saw it on Amazon and want to return for a refund so I can get it cheaper anyway.
Gosh, you guys sure are defensive! I don't want to be rude but none of you know the full facts and have all jumped to the conclusion that A) I'm a business pretending to be a consumer so I can claim rights I don't have or
I'm pretending the item is faulty so I can get it cheaper elsewhere.
I just wanted some help pointing out where the CRA it states the seller is obligated to cover the full cost of return shipping
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