Returning a faulty item for refund - seller uncooperative.
Discussion
We bought one of our children a hover board for Christmas and it went wrong within one our of first use. The seller paid for it to be shipped back, he repaired it and returned it - just in time for the end of the Christmas holiday.
A week or so ago, the board became faulty with a similar fault. I contacted the seller again, who is unable to explain what the problem is or how to resolve it at home. He wants us to return the item again for repair.
The child in question has had enough - he has only had a few hours use of the item since Christmas and doesn't want to go through the rigmarole of returning and waiting for the item.
I have told the seller that we want a refund, but he is saying no on the basis that he only has our word that it is not working properly. I have sent him video of the board in use, but he is not satisfied.
The seller is being a bit slippery and I suspect what he will attempt to do is is to repair the item upon return and claim it wasn't faulty.
Under normal circumstances I would get an independent second opinion, but the product is a bit specialist and I cannot find anyone locally who would be able to comment with any degree of authority.
I think I am correct that the CRA 2015 says that we can have a refund. I just need to ensure that there are no shenanigans when the item is returned.
Any ideas chaps please?
So said:
We bought one of our children a hover board for Christmas and it went wrong within one our of first use. The seller paid for it to be shipped back, he repaired it and returned it - just in time for the end of the Christmas holiday.
A week or so ago, the board became faulty with a similar fault. I contacted the seller again, who is unable to explain what the problem is or how to resolve it at home. He wants us to return the item again for repair.
The child in question has had enough - he has only had a few hours use of the item since Christmas and doesn't want to go through the rigmarole of returning and waiting for the item.
I have told the seller that we want a refund, but he is saying no on the basis that he only has our word that it is not working properly. I have sent him video of the board in use, but he is not satisfied.
The seller is being a bit slippery and I suspect what he will attempt to do is is to repair the item upon return and claim it wasn't faulty.
Under normal circumstances I would get an independent second opinion, but the product is a bit specialist and I cannot find anyone locally who would be able to comment with any degree of authority.
I think I am correct that the CRA 2015 says that we can have a refund. I just need to ensure that there are no shenanigans when the item is returned.
Any ideas chaps please?
OP are you in the UK?A week or so ago, the board became faulty with a similar fault. I contacted the seller again, who is unable to explain what the problem is or how to resolve it at home. He wants us to return the item again for repair.
The child in question has had enough - he has only had a few hours use of the item since Christmas and doesn't want to go through the rigmarole of returning and waiting for the item.
I have told the seller that we want a refund, but he is saying no on the basis that he only has our word that it is not working properly. I have sent him video of the board in use, but he is not satisfied.
The seller is being a bit slippery and I suspect what he will attempt to do is is to repair the item upon return and claim it wasn't faulty.
Under normal circumstances I would get an independent second opinion, but the product is a bit specialist and I cannot find anyone locally who would be able to comment with any degree of authority.
I think I am correct that the CRA 2015 says that we can have a refund. I just need to ensure that there are no shenanigans when the item is returned.
Any ideas chaps please?
I thought they were banned here in the UK. Its going to be a slog to get any money back, I feel.
This is from the rica website:
"Is there a time limit?
There are now clear time limits for you to ask for refunds, repairs or replacements:
Refund: You can get a refund up to 30 days from when you bought the product, if it was from a UK seller. You can also get a repair or replacement if you prefer.
Repair or replacement: You can get your product repaired or replaced up to six months from your purchase. The retailer has one chance to make the repair. If you're still unhappy, you then have a right to a refund.
You can still get a repair or refund after six months, but the seller has the right to deduct some money for the use you've had from the product. You'll have to prove that it was faulty when you got it."
Note the bold - he's had one chance to repair it, you are within 6 months of purchase, you have the right to a refund.
"Is there a time limit?
There are now clear time limits for you to ask for refunds, repairs or replacements:
Refund: You can get a refund up to 30 days from when you bought the product, if it was from a UK seller. You can also get a repair or replacement if you prefer.
Repair or replacement: You can get your product repaired or replaced up to six months from your purchase. The retailer has one chance to make the repair. If you're still unhappy, you then have a right to a refund.
You can still get a repair or refund after six months, but the seller has the right to deduct some money for the use you've had from the product. You'll have to prove that it was faulty when you got it."
Note the bold - he's had one chance to repair it, you are within 6 months of purchase, you have the right to a refund.
I'm pretty sure I have your answer.
The consumer rights act 2015 has the following within.
If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.
During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.
If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund, or price reduction if you wish to keep the product.
The retailer can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement.
Recently I had a four month old vape, £80 cost fail on me. The retailer refused to repair stating that it only had a 3 month warranty, which is at odds to this term. I emailed the above to them, stating that they were basically breaking trading law, and they backed down. I would do the same in your shoes.
Obviously they have a right to see it's faulty, but that's only a few £ postage.
The consumer rights act 2015 has the following within.
If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.
During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.
If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund, or price reduction if you wish to keep the product.
The retailer can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement.
Recently I had a four month old vape, £80 cost fail on me. The retailer refused to repair stating that it only had a 3 month warranty, which is at odds to this term. I emailed the above to them, stating that they were basically breaking trading law, and they backed down. I would do the same in your shoes.
Obviously they have a right to see it's faulty, but that's only a few £ postage.
RogerDodger said:
This is from the rica website:
"Is there a time limit?
There are now clear time limits for you to ask for refunds, repairs or replacements:
Refund: You can get a refund up to 30 days from when you bought the product, if it was from a UK seller. You can also get a repair or replacement if you prefer.
Repair or replacement: You can get your product repaired or replaced up to six months from your purchase. The retailer has one chance to make the repair. If you're still unhappy, you then have a right to a refund.
You can still get a repair or refund after six months, but the seller has the right to deduct some money for the use you've had from the product. You'll have to prove that it was faulty when you got it."
Note the bold - he's had one chance to repair it, you are within 6 months of purchase, you have the right to a refund.
I agree, and that is my understanding of the law. However, I think he is going to claim that when the board arrived back it was working fine."Is there a time limit?
There are now clear time limits for you to ask for refunds, repairs or replacements:
Refund: You can get a refund up to 30 days from when you bought the product, if it was from a UK seller. You can also get a repair or replacement if you prefer.
Repair or replacement: You can get your product repaired or replaced up to six months from your purchase. The retailer has one chance to make the repair. If you're still unhappy, you then have a right to a refund.
You can still get a repair or refund after six months, but the seller has the right to deduct some money for the use you've had from the product. You'll have to prove that it was faulty when you got it."
Note the bold - he's had one chance to repair it, you are within 6 months of purchase, you have the right to a refund.
So said:
RogerDodger said:
This is from the rica website:
"Is there a time limit?
There are now clear time limits for you to ask for refunds, repairs or replacements:
Refund: You can get a refund up to 30 days from when you bought the product, if it was from a UK seller. You can also get a repair or replacement if you prefer.
Repair or replacement: You can get your product repaired or replaced up to six months from your purchase. The retailer has one chance to make the repair. If you're still unhappy, you then have a right to a refund.
You can still get a repair or refund after six months, but the seller has the right to deduct some money for the use you've had from the product. You'll have to prove that it was faulty when you got it."
Note the bold - he's had one chance to repair it, you are within 6 months of purchase, you have the right to a refund.
I agree, and that is my understanding of the law. However, I think he is going to claim that when the board arrived back it was working fine."Is there a time limit?
There are now clear time limits for you to ask for refunds, repairs or replacements:
Refund: You can get a refund up to 30 days from when you bought the product, if it was from a UK seller. You can also get a repair or replacement if you prefer.
Repair or replacement: You can get your product repaired or replaced up to six months from your purchase. The retailer has one chance to make the repair. If you're still unhappy, you then have a right to a refund.
You can still get a repair or refund after six months, but the seller has the right to deduct some money for the use you've had from the product. You'll have to prove that it was faulty when you got it."
Note the bold - he's had one chance to repair it, you are within 6 months of purchase, you have the right to a refund.
I'm not claiming you have done this, but you can't blame sellers for being cautious when people return items that can be abused by kids. There's a thread in general gassing where people describe their experiences working in retail. Some of the stories might shock you!
It's a shame it all gets so complicated and people can't be trusted to do the right thing (buyers and sellers)
It's a shame it all gets so complicated and people can't be trusted to do the right thing (buyers and sellers)
Fermit The Krog and Sexy Sarah said:
I see. I think video evidence should be enough. If it needed to go to the small claims that, along with evidence of a previous repair, and the duff item taken there with you would be more than enough for them to agree it's faulty, and you can reject. He's a prat if he wants to play it that way, it would only cost him more, plus his time.
Send the board back and demand a refund. Whatever happens, the board has to go back. I've had more dialogue with the supplier this afternoon, and as predicted he is being difficult as well as making up a raft of legal "rules" that don't exist.
It has, however, given me the opportunity to read the CRA 2015. You've got to dot about a bit, but this situation is covered and a 100% refund is due.
Thanks All.
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