Fork Tuning no goods, no refund
Discussion
Hi,
Long time lurker looking for help.
I ordered some goods from a very famous Honda tuning company, they are a European distributor who is using their name. One of the items was a nice yellow rocker cover.
The order was placed over Christmas and shortly after I found out some news which meant I should no longer be spending this kind of money. I emailed the company as the order was yet to be sent and asked to cancel my order and request a refund.
I called the company and I was told that they had seen the email which is why they haven't posted the goods and I was told that Dan dealt with returns and would be in on Wednesday.
Since then they have not been answering the phone and ignoring my emails. I have left multiple voicemail messages and sent a number of emails.
I am very disappointed as I thought the brand were better than this and their products are far from cheap!
What are my options?
Thanks is advance.
Mike
Long time lurker looking for help.
I ordered some goods from a very famous Honda tuning company, they are a European distributor who is using their name. One of the items was a nice yellow rocker cover.
The order was placed over Christmas and shortly after I found out some news which meant I should no longer be spending this kind of money. I emailed the company as the order was yet to be sent and asked to cancel my order and request a refund.
I called the company and I was told that they had seen the email which is why they haven't posted the goods and I was told that Dan dealt with returns and would be in on Wednesday.
Since then they have not been answering the phone and ignoring my emails. I have left multiple voicemail messages and sent a number of emails.
I am very disappointed as I thought the brand were better than this and their products are far from cheap!
What are my options?
Thanks is advance.
Mike
If im reading this right
You ordered goods ... then cancelled the order before it was dispatched and they have acknowledged the cancellation of the order but not refunded you ?
How did you pay ?
Can you recall the payment ?
What are the terms of the contract you entered into ?
I’m assuming the distance selling regs apply
You ordered goods ... then cancelled the order before it was dispatched and they have acknowledged the cancellation of the order but not refunded you ?
How did you pay ?
Can you recall the payment ?
What are the terms of the contract you entered into ?
I’m assuming the distance selling regs apply
TERMS AND CONDITIONS
1 Definitions
In these conditions, unless the context requires otherwise:
1.1 ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller;
1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.3 ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered;
1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller;
1.5 ‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT; and
1.6 ‘Seller’ means ***** or any subsidiary or operation trading as ***Ltd
2 Conditions Applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 Price and Payment
3.1 The Price shall be the Seller's price as quoted in writing, or if no such, then the price as per the Seller's price list which is current at the date of acceptance of the Seller of the order for the Goods.
3.2 The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice.
3.3 Payment of the Price and VAT shall accompany the order; and the Seller shall be at liberty to refuse any order which does not comply or to cancel any order where cleared funds are not received by the Seller prior to delivery.
3.4 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5% above HSBC plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
4 The Goods
4.1 The quantity and description of the Goods shall be as set out in the Seller’s quotation.
5 Warranties and liability
5.1 The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
5.2 Unless specifically stated in writing by the Seller the Goods are only suitable for use in motor sport / off road use and any such purpose is indicated by the Seller in terms of the description, quality or condition, or fitness of the Goods for use by the Buyer. The Seller accepts no responsibility for any liability arising out of any use of the Goods for any non-suitable use described above, whether the Buyer is a consumer or otherwise and for clarity the Seller offers no warranty of any kind and accepts no responsibility for any liability arising from any motorsport, track or road use of the Goods which if undertaken will be solely at the discretion and choice of the Buyer.
5.3 All Dixcel brake listed on our website are not ECER90 Approved as they exceed the specification for this certification.
6 Delivery of the Goods
6.1 The Seller shall use reasonable endeavours to ensure that delivery of the Goods shall be made to the Buyer's address on the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 Some items may be delivered straight from *** Japan and may take upto 2-3 weeks to arrive, **** Europe are not liable for any customs charges relating to your order.
7 Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
8 Title and Risk
8.1 Title shall pass on the later of firstly the delivery of the Goods, and secondly the payment in full of cleared funds received by the Seller.
8.2 Risk shall pass on delivery of the Goods.
9 Remedies of Buyer
9.1 This clause shall not apply where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)).
9.2 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
9.3 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.4 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
10 Proper Law of Contract
10.1 This contract is subject to the law of England and Wales.
1 Definitions
In these conditions, unless the context requires otherwise:
1.1 ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller;
1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.3 ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered;
1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller;
1.5 ‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT; and
1.6 ‘Seller’ means ***** or any subsidiary or operation trading as ***Ltd
2 Conditions Applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 Price and Payment
3.1 The Price shall be the Seller's price as quoted in writing, or if no such, then the price as per the Seller's price list which is current at the date of acceptance of the Seller of the order for the Goods.
3.2 The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice.
3.3 Payment of the Price and VAT shall accompany the order; and the Seller shall be at liberty to refuse any order which does not comply or to cancel any order where cleared funds are not received by the Seller prior to delivery.
3.4 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5% above HSBC plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
4 The Goods
4.1 The quantity and description of the Goods shall be as set out in the Seller’s quotation.
5 Warranties and liability
5.1 The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
5.2 Unless specifically stated in writing by the Seller the Goods are only suitable for use in motor sport / off road use and any such purpose is indicated by the Seller in terms of the description, quality or condition, or fitness of the Goods for use by the Buyer. The Seller accepts no responsibility for any liability arising out of any use of the Goods for any non-suitable use described above, whether the Buyer is a consumer or otherwise and for clarity the Seller offers no warranty of any kind and accepts no responsibility for any liability arising from any motorsport, track or road use of the Goods which if undertaken will be solely at the discretion and choice of the Buyer.
5.3 All Dixcel brake listed on our website are not ECER90 Approved as they exceed the specification for this certification.
6 Delivery of the Goods
6.1 The Seller shall use reasonable endeavours to ensure that delivery of the Goods shall be made to the Buyer's address on the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 Some items may be delivered straight from *** Japan and may take upto 2-3 weeks to arrive, **** Europe are not liable for any customs charges relating to your order.
7 Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
8 Title and Risk
8.1 Title shall pass on the later of firstly the delivery of the Goods, and secondly the payment in full of cleared funds received by the Seller.
8.2 Risk shall pass on delivery of the Goods.
9 Remedies of Buyer
9.1 This clause shall not apply where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)).
9.2 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
9.3 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.4 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
10 Proper Law of Contract
10.1 This contract is subject to the law of England and Wales.
Mikedc2 said:
Hi,
Thanks for your reply.
Yes that's correct. I paid by bank transfer (stupidly) which is an option on their website to save 2.5% fees on a hefty order.
Are you saying they charge fees for credit cards? Thanks for your reply.
Yes that's correct. I paid by bank transfer (stupidly) which is an option on their website to save 2.5% fees on a hefty order.
Did you buy as an individual or a business?
From the T&Cs looks like it is based in the UK if so is there a physical address?
I assume it's a significant sum of money for you so naturally you will be willing to go through the hoops of MCOL?
My concern is them no longer answering the phone as they wouldn't know it was you calling so they are probably either, not answering to anyone or there is no one there. Are emails coming back as delivered and read?
I would send a recorded delivery letter - setting out briefly what happened and what they owe. Give them 14 days to respond or pay otherwise you will commence proceedings.
Since the resolution is only by phone rather than emails from them try to get a log of those calls, along with the BT and your emails to them, just in case you need to do a chronology. Might also be worth getting a printout of their website with the BT (saving fees) details as well.
Good luck I hope it works out and it's just post Xmas lethargy on their part.
Mikedc2 said:
TERMS AND CONDITIONS
5.3 All Dixcel brake listed on our website are not ECER90 Approved as they exceed the specification for this certification.
Can't assist the OP with his issue, but reading the T&Cs I did LOL at this nonsense! They're not approved, as they've not been tested, because they're not intended for the European market.....5.3 All Dixcel brake listed on our website are not ECER90 Approved as they exceed the specification for this certification.
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