Quick questions on Consumer Rights

mo786uk · 24 March 2013 at 11:08PM

Malti wrote: »

Hi

I bought a memory card from Base, via amazon in December. The card has now died.
Base have said the following
"...Unfortunately this item is now outside of our 28 day returns policy. Most electronic items come with a 1 year warranty directly with the manufacturer. Details of how to make a warranty claim should be included with documentation you received with this item."

Am I right in thinking that the Sale of Goods Act still applies even though I've bought via the internet. As its been in a laptop for 3 months its not subject to wear and tear. Would it be easier to contact Transcend directly.

SOGA applies and retailer is responsible but it may be easier contacting manufacturer directly.

weeden · 27 March 2013 at 4:56PM

I ordered a new toilet seat for one which had broken. I ordered it from an online company, who's website confirmed there was more than 1 in stock.

I waited over a month for this to arrive and it didn't so in the meantime in scoured around and found another supplier who also had it in stock, and duly purchased it. On the assumption of whichever one arrives first, the other would be cancelled prior to delivery.

This is exactly what I did.

The 2nd one ordered arrived in very quick time, so I cancelled the online order of the first one.

A week later I received an email to say my payment had been taken from the first supplier and that my goods would arrive in a few days. However due to my daughters illness I did not read this email until it was too late.

I emailed the company again, stating the facts surrounding this items order and delivery and cancellation. I was told to refuse delivery of the item and once it had been returned my refund would be arranged. Unfortunately this item was delivered to my works address (at my original request before cancellation) and was accepted and duly signed for before I could contact them to refuse the delivery!

I have received email to say to return the item and my original carriage costs (ie the cost to the company for sending it to me, that I had originally paid for) would be refunded when I return the item to them and they have received it.

My complaint and question is that I will be out of pocket for an item I wont have, through no fault of my own (as far as I can see)......

.....Am I entitled to have the costs of returning the item to the company refunded also?........After all I did cancel it and they did send it out in error.

Thank you in advance

wealdroam · 27 March 2013 at 7:16PM

weeden wrote: »

I ordered a new toilet seat for one which had broken. I ordered it from an online company, who's website confirmed there was more than 1 in stock.

I waited over a month for this to arrive and it didn't so in the meantime in scoured around and found another supplier who also had it in stock, and duly purchased it. On the assumption of whichever one arrives first, the other would be cancelled prior to delivery.

This is exactly what I did.

The 2nd one ordered arrived in very quick time, so I cancelled the online order of the first one.

A week later I received an email to say my payment had been taken from the first supplier and that my goods would arrive in a few days. However due to my daughters illness I did not read this email until it was too late.

I emailed the company again, stating the facts surrounding this items order and delivery and cancellation. I was told to refuse delivery of the item and once it had been returned my refund would be arranged. Unfortunately this item was delivered to my works address (at my original request before cancellation) and was accepted and duly signed for before I could contact them to refuse the delivery!

I have received email to say to return the item and my original carriage costs (ie the cost to the company for sending it to me, that I had originally paid for) would be refunded when I return the item to them and they have received it.

My complaint and question is that I will be out of pocket for an item I wont have, through no fault of my own (as far as I can see)......

.....Am I entitled to have the costs of returning the item to the company refunded also?........After all I did cancel it and they did send it out in error.

Thank you in advance

You are not necessarily entitled to a refund of the cost of returning the goods to them.
That depends on whether they had informed you of this at the appropriate time.

You should definitely expect a refund of all monies paid to them, including any outward postage.

From page 25 of the OFT's guide to the DSRs...

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre-payment made, including the cost of delivery.

On page 27 of that document it says...

Return of goods following cancellation (Regulation 17)
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.
3.56 If you did not include these details in the required written information then you cannot charge anything.

Sorry, I do not follow your logic when you state you will be out of pocket through no fault of your own.

You have ordered a product and then cancelled that order.
Why do you think the seller should be out of pocket through no fault of their own?

It is your actions, and your actions alone, that have caused any money to be spent, so I suggest that if anyone is to be out of pocket it should be you.

stigtwo · 4 April 2013 at 11:47AM

Hello,

I bought a laptop from my friend last month which he had purchased in Nov 2010 for £550 from John Lewis. It expired from it's warranty last year but can i get a replacement from John Lewis through the Sales of Goods act with the durability section even though i am not the original purchaser?

I have all receipts from the purchase and can also get a engineers report on the laptop. If i am not allowed to, can i write the report in my 'friends shoes' (pretending i am him?)

Thank you for your help

derrick · 4 April 2013 at 12:33PM

stigtwo wrote: »

Hello,

I bought a laptop from my friend last month which he had purchased in Nov 2010 for £550 from John Lewis. It expired from it's warranty last year but can i get a replacement from John Lewis through the Sales of Goods act with the durability section even though i am not the original purchaser?

I have all receipts from the purchase and can also get a engineers report on the laptop. If i am not allowed to, can i write the report in my 'friends shoes' (pretending i am him?)

Thank you for your help

That could be classed as fraud.

Why not just get your friend to make the request?

.

Amethyst_ice · 4 April 2013 at 10:08PM

Hello,

I purchased a top from ASOS with a 25% discount offer. I returned the top asking for a replacement but they processed a refund. They told me to rebuy and I would be refunded the 25%.

Checked out with a relatives paypal and now they say they will only part refund if I enter a debit card.

The website offers paypal as a payment method so dont they have to refund via the original payment method?

Thanks xxx

wealdroam · 4 April 2013 at 10:26PM

Amethyst_ice wrote: »

Hello,

I purchased a top from ASOS with a 25% discount offer. I returned the top asking for a replacement but they processed a refund. They told me to rebuy and I would be refunded the 25%.

Checked out with a relatives paypal and now they say they will only part refund if I enter a debit card.

The website offers paypal as a payment method so dont they have to refund via the original payment method?

Thanks xxx

You've not been very clear.

How was the original purchase made?
Debit card or paypal?
If paypal, whose account?

How was that purchase refunded?
Debit card or paypal?
If paypal, whose account?

How was second purchase made?
Debit card or paypal?
If paypal, whose account?

Now, you are expecting them to refund 25% to which account?

I fear you have complicated this by mixing your payment methods.

If there was nothing wrong with the first top, then all they have to do is refund that purchase price.
They are not obliged to offer a discount on the second purchase, but it seems they kindly have done so.
Be careful... they may decide not to bother if you become difficult.

To answer your original question... no they do not have to refund to the original payment method, although it is good practice to do so for a number of reasons.

Edited to add:
Having re-read your post, it appears that the second purchase could perhaps be seen by ASOS as being made by a different person.
If this is the case, then why should ASOS offer 'your' 25% discount to someone else?

Amethyst_ice · 4 April 2013 at 10:48PM

wealdroam wrote: »

You've not been very clear.

How was the original purchase made?
Debit card or paypal?
If paypal, whose account?

How was that purchase refunded?
Debit card or paypal?
If paypal, whose account?

How was second purchase made?
Debit card or paypal?
If paypal, whose account?

Now, you are expecting them to refund 25% to which account?

I fear you have complicated this by mixing your payment methods.

If there was nothing wrong with the first top, then all they have to do is refund that purchase price.
They are not obliged to offer a discount on the second purchase, but it seems they kindly have done so.
Be careful... they may decide not to bother if you become difficult.

To answer your original question... no they do not have to refund to the original payment method, although it is good practice to do so for a number of reasons.

The first instance was totally refunded thus ending that transaction.

Because I originally requested an exchange and they accidently refunded they told me to make a new order and they would part refund the discount I would have originally had.

As I put, the "new" order was made on a friends paypal with my account.

So the 25% they have confirmed they will be giving me back (as I couldnt apply it at the checkout) they are saying has to be via debit card which I don't have now.

x

Amethyst_ice · 4 April 2013 at 11:17PM

wealdroam wrote: »

Edited to add:
Having re-read your post, it appears that the second purchase could perhaps be seen by ASOS as being made by a different person.
If this is the case, then why should ASOS offer 'your' 25% discount to someone else?

Sorry, I don't mean to confuse.

It was all ordered from the same account, mine. The 25% was offered because they accidently refunded and didn't replace my order.

I just want to know if they can make me find a debit card to add to get the £2.50 or so back when the whole order was paid for by paypal. They told me to reorder and the 25% would be taken off so it would reflect the first order.

Make sense?

wealdroam · 4 April 2013 at 11:33PM

Amethyst_ice wrote: »

Sorry, I don't mean to confuse.

It was all ordered from the same account, mine. The 25% was offered because they accidently refunded and didn't replace my order.

I just want to know if they can make me find a debit card to add to get the £2.50 or so back when the whole order was paid for by paypal. They told me to reorder and the 25% would be taken off so it would reflect the first order.

Make sense?

It would cost them money to make a partial repayment to paypal.
Perhaps that's why they don't want to do it... for £2.50.

I still feel you have bought this problem upon yourself by mixing payment methods, and I myself would seriously consider giving up any claim to this £2.50.

Sorry.

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