ChatterBank1 min ago
internet sales
4 Answers
i have recently purchased an item of the net and after 6 weeks i still cannot get it to work. therefore i am after a refund , but, upon contacting the seller they have gone "round the houses" to avoid giving me a refund. he has left instructions on how to use it but my conclusion is that the item is faulty. on his website he states that he will give a full money back refund after 28 days. Also i have requested a returns address of him but still to no avail So my question is how is the best way to get a refund and is he legally bound in providing a refund? and can i get trading standards involved?
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(Posted in 2 parts):
The following assumes that the seller is a trader within the UK (although the same legislation also applies throughout the EU). Everything applies to both new and secondhand goods:
First, if you haven't got an address for returns then the trader has already broken the law. The Consumer Protection (Distance Selling) Regulations, 2000 state that ". . in good time prior to the conclusion of the contract the supplier shall provide to the consumer the following information:
(i) the identity of the supplier and, where the contract requires payment in advance, the supplier's address; . . . ."
So anyone trading via an internet website either has to include their address on the site, or otherwise ensure that you're aware of it, prior to taking payment.
Irrespective of whether any warranty is offered or not, the goods purchased have to be "of satisfactory quality". You have a right to a full refund if they are not. This right continues until you have legally 'accepted' the goods. Because the item has never worked, you cannot be deemed to have accepted the goods and so your right to a full refund continues.
You can contact Consumer Direct (the govenment's new consumer help service) for advice by telephone if you live in one of the following areas:
East of England, East Midlands, London, Scotland, South East England, South West England, Wales and Yorkshire and the Humber. The number is 08454 04 05 06. Lines are open from 0800 to 1830 Moday to Friday and 0900-1300 Saturday.
The following assumes that the seller is a trader within the UK (although the same legislation also applies throughout the EU). Everything applies to both new and secondhand goods:
First, if you haven't got an address for returns then the trader has already broken the law. The Consumer Protection (Distance Selling) Regulations, 2000 state that ". . in good time prior to the conclusion of the contract the supplier shall provide to the consumer the following information:
(i) the identity of the supplier and, where the contract requires payment in advance, the supplier's address; . . . ."
So anyone trading via an internet website either has to include their address on the site, or otherwise ensure that you're aware of it, prior to taking payment.
Irrespective of whether any warranty is offered or not, the goods purchased have to be "of satisfactory quality". You have a right to a full refund if they are not. This right continues until you have legally 'accepted' the goods. Because the item has never worked, you cannot be deemed to have accepted the goods and so your right to a full refund continues.
You can contact Consumer Direct (the govenment's new consumer help service) for advice by telephone if you live in one of the following areas:
East of England, East Midlands, London, Scotland, South East England, South West England, Wales and Yorkshire and the Humber. The number is 08454 04 05 06. Lines are open from 0800 to 1830 Moday to Friday and 0900-1300 Saturday.
(2nd Part):
If you are outside the areas covered by this new phone service, theoretically you should contact the trading standards office for the locality in which the trader is based. Without an address, however, this might prove to be rather difficult! Instead, you'll have to contact your local Trading Standards Department. (If you live outside of a metropolitan area, this will be run by the county council, not the local district council).
Alternatively, you can send your complaint to Consumer Direct online. (Unlike the phone service, you can do this wherever you live). The link is here:
http://www.consumerdirect.gov.uk/complaints.shtml
(Personally, however, I'd use the telephone service if possible. It'll probably be easier to explain the problem on the phone).
You can read about your rights when purchasing goods from a trader (both directly and online), here:
http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtm l
You can also read about how these rights pertain to internet purchases, here:
http://www.consumerdirect.gov.uk/general/internet/fs_i01 .shtml
Don't give up, keep hassling! Good luck!
Chris
If you are outside the areas covered by this new phone service, theoretically you should contact the trading standards office for the locality in which the trader is based. Without an address, however, this might prove to be rather difficult! Instead, you'll have to contact your local Trading Standards Department. (If you live outside of a metropolitan area, this will be run by the county council, not the local district council).
Alternatively, you can send your complaint to Consumer Direct online. (Unlike the phone service, you can do this wherever you live). The link is here:
http://www.consumerdirect.gov.uk/complaints.shtml
(Personally, however, I'd use the telephone service if possible. It'll probably be easier to explain the problem on the phone).
You can read about your rights when purchasing goods from a trader (both directly and online), here:
http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtm l
You can also read about how these rights pertain to internet purchases, here:
http://www.consumerdirect.gov.uk/general/internet/fs_i01 .shtml
Don't give up, keep hassling! Good luck!
Chris
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