Scumbag business
Discussion
Purchased a transmission filter, the thumbnail was Meyle etc.
They delivered the filter and it's some Bearmach brand, not Meyle nor an equivalent in my eyes.
Sent an email to them which was ignored but conveniently the thumbnail on the website was changed.
Where do I stand with returning this filter and not being out of pocket having to pay the return the postage? Does DSR cover me for them to pay me the return postage costs?
They delivered the filter and it's some Bearmach brand, not Meyle nor an equivalent in my eyes.
Sent an email to them which was ignored but conveniently the thumbnail on the website was changed.
Where do I stand with returning this filter and not being out of pocket having to pay the return the postage? Does DSR cover me for them to pay me the return postage costs?
Edited by Sump on Wednesday 15th October 15:29
Breadvan72 said:
If this was a distance purchase, you have 14 days from receipt to give notice of cancellation of the purchase.
not to question the might breadvan, but what if the image had 'catalogue image' or 'reference image' like a lot of websites do? and the listing was correct? or is that not relevant to the 14 day's?
Andy
so:
a) under DSR if their T&Cs stated you have to pay return, then its reasonable and you do.
b) under DSR if their T&Cs are mute then its their problem to pay for return
c) under DSR they cannot link returning your money to returning the product. So they MUST give you your money back and then its their problem to recover any outstanding items you may still have.
d) looks like breach of contract, so they need to cover the cost of return anyway (unless the advert stated the picture was illustrative and not the actual product) and if required give you any extra money you need to buy what they failed to supply! (ie put you back in the position you should have been in if they hadn't defaulted)
Given the likely value, all the above is largely irrelevant if they won't play ball
I can't see you taking it to small claims after all.
Unless BV corrects me of course
a) under DSR if their T&Cs stated you have to pay return, then its reasonable and you do.
b) under DSR if their T&Cs are mute then its their problem to pay for return
c) under DSR they cannot link returning your money to returning the product. So they MUST give you your money back and then its their problem to recover any outstanding items you may still have.
d) looks like breach of contract, so they need to cover the cost of return anyway (unless the advert stated the picture was illustrative and not the actual product) and if required give you any extra money you need to buy what they failed to supply! (ie put you back in the position you should have been in if they hadn't defaulted)
Given the likely value, all the above is largely irrelevant if they won't play ball
I can't see you taking it to small claims after all.Unless BV corrects me of course
Edited by balls-out on Wednesday 15th October 16:24
TheConverted said:
Breadvan72 said:
If this was a distance purchase, you have 14 days from receipt to give notice of cancellation of the purchase.
not to question the might breadvan, but what if the image had 'catalogue image' or 'reference image' like a lot of websites do? and the listing was correct? or is that not relevant to the 14 day's?
Andy
Sump said:
Turns out they#re approved sponsors on the forum. Unlucky for them last night I took a screenshot from their website what I bought.
What's really pissed me off is ignoring my email and changing the thumbnail.
You bought their website? What's really pissed me off is ignoring my email and changing the thumbnail.
That's akin to Insp Clouseau making comments about someone murdering their godfather
...What is the alleged issue with the filter being "alternatively branded"?? I'd argue they are all much-of-a-muchness and perfectly capable of functioning satisfactorily as long as they are replaced in a timely fashion (ie regular servicing
). the change of picture might have nothing to do with you and your email, you may not be the first person to complain, or they might have changed it off their own back after they discovered their supplier change the brand, they may get to your email in due course, if you want an instant response, phones are always better than email
Under the DSR the seller can only require you to pay the return postage if they advise you as such at the time of sale via a durable medium, ie an email. A web site is not deemed a durable medium for this purpose.
The practical problem though is enforcing this, and indeed the refund in general if you don't return the goods (although in the legislation the two are not linked) so you pay the postage and hope to get it back. In my experience some will and some won't and they know it's unlikely you will go to court over £5 postage (or whatever).
The practical problem though is enforcing this, and indeed the refund in general if you don't return the goods (although in the legislation the two are not linked) so you pay the postage and hope to get it back. In my experience some will and some won't and they know it's unlikely you will go to court over £5 postage (or whatever).
te......Hardly a scumbag business. I was expecting some major corporation exploiting society to fund the lifestyles of a few whose main hobby was shooting kittens hung by their tails over a bubbling volcano whilst sipping Krug from the buttocks of a Thai ladyboy who gets cast into the flames when the bottle runs dry.
But no, it is a replacement part for a gearbox where they have taken to decision to send a alternate part of equa or greater quality (in their eyes I am sure).
Get a refund under distance selling, buy a bottle of Krug, some kittens, a gun and order yourself a lady boy. You'll be much happier.
But no, it is a replacement part for a gearbox where they have taken to decision to send a alternate part of equa or greater quality (in their eyes I am sure).
Get a refund under distance selling, buy a bottle of Krug, some kittens, a gun and order yourself a lady boy. You'll be much happier.
Breadvan72 said:
Note that the Distance Selling Regulations were replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, with effect from 13 June 2014.
Just love the snappy titles our legislators use, That one will surely stick in the memory.aw51 121565 said:
What is the alleged issue with the filter being "alternatively branded"?? I'd argue they are all much-of-a-muchness and perfectly capable of functioning satisfactorily as long as they are replaced in a timely fashion (ie regular servicing ).
Unless one brand sells for a higher price... ). Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff