Legal advice needed: goods not fit (literally)
Discussion
I placed an order with an online company for an M3 style front bumper, it arrived the other day and I have just got back from my bodywork place. The bumper doesn't fit onto the car. It's a cheap imitation which doesn't have the necessary holes to fit onto the cars brackets.
When I placed the order I called their sales line first to make sure. I explained that I already had a genuine BMW kit on and was looking for a replacement which would fit. The sales rep said no problem plus the website called it a 'direct replacement' so I bought the £200 item.
Normally I would just send it back and never deal with them again but I had to pay £25 P&P to get it here, will have to pay another £25 P&P to send it back and they say on the receipt 'all unwanted goods will be charged 25% hangling charge. Unless found to be faulty.' I don't see why I should pay £100 because their sales rep lied/misinformed me. Is there anything by law I can say or do to get a FULL refund including P&P?
Thanks in advance, DD
When I placed the order I called their sales line first to make sure. I explained that I already had a genuine BMW kit on and was looking for a replacement which would fit. The sales rep said no problem plus the website called it a 'direct replacement' so I bought the £200 item.
Normally I would just send it back and never deal with them again but I had to pay £25 P&P to get it here, will have to pay another £25 P&P to send it back and they say on the receipt 'all unwanted goods will be charged 25% hangling charge. Unless found to be faulty.' I don't see why I should pay £100 because their sales rep lied/misinformed me. Is there anything by law I can say or do to get a FULL refund including P&P?
Thanks in advance, DD
Did you pay cheque or credit card?
If by credit card, contact the card company now and tell them that you're rejecting the goods as they are not as promised and not fit for the purpose.
Have you contacted the seller and voiced your disgust with the goods? Have they offered money back or to replace?
If by credit card, contact the card company now and tell them that you're rejecting the goods as they are not as promised and not fit for the purpose.
Have you contacted the seller and voiced your disgust with the goods? Have they offered money back or to replace?
dick dastardly said:
Credit Card. I thought card companies only got involved if the money was fraudulantly taken?
I tried calling earlier but the manager wasn't there. I was just quoted usual crap by the moron on the phone. Was hoping to get armed with some good legal arguments before trying again.
It was fraudulantly taken in my book. You payed for an item but got sent something inferior. I'd phone the card company and see if they would help.
Not legal argument but in my book it is faulty, the bl00dy brackets are in the wrong place! That should put an end to their argument on that point, although the'll swear blind that this isn't a fault.
Did you have any written record of them saying that it would fit your car?
Did they advise you of their terms and conditions re returns before you bought the item - if not there is a question as to whether or not this is enforceable in my book
Did you have any written record of them saying that it would fit your car?
Did they advise you of their terms and conditions re returns before you bought the item - if not there is a question as to whether or not this is enforceable in my book
Just spoken to the sales manager and he's having none of it. His argument is it's a fibreglass replica which fits the car, it's up to me to work out how to fit it and at no time did they say that it would fit. He has also said that I cannot return the item as it is a 'special' order. I asked where this was in their terms and conditions and he said 'you never asked for the terms and conditions'.
I then said that if he was going to play it like this then I'd get the Credit card company to cancel the payment and he said I that I'd be commiting fraud!
I then said that if he was going to play it like this then I'd get the Credit card company to cancel the payment and he said I that I'd be commiting fraud!
dick dastardly said:
Just spoken to the sales manager and he's having none of it. His argument is it's a fibreglass replica which fits the car, it's up to me to work out how to fit it and at no time did they say that it would fit. He has also said that I cannot return the item as it is a 'special' order. I asked where this was in their terms and conditions and he said 'you never asked for the terms and conditions'.
I then said that if he was going to play it like this then I'd get the Credit card company to cancel the payment and he said I that I'd be commiting fraud!
He's speaking out of his arse, you can return it under the Distance Selling Act for a FULL refund.
Call your credit card company now and explain to them what has happened, that they have refused a refund so you will be disputing the payment.
Muncher said:
He's speaking out of his arse, you can return it under the Distance Selling Act for a FULL refund.
I actually said this to him and he basically laughed. As far as they're concerned they've got my money and I can go jump.
I'm constructing a time-line of events as per the request of my credit card company. Hopefully they can put these rogues in their place.
If you explained what you wanted and they told the item was a "Direct Replacement" and it does not fit then I think you can return as it is "Not As Described", I don't think it's faulty unless it is actually broken, and if it can be used as bumper then they may suggest Fit for Purpose.
As has been said get onto your local Trading Standards and ask their opinion.
As has been said get onto your local Trading Standards and ask their opinion.
Send it back, with a letter outlining your objections and all the stuff below about distance selling and unstaisfactory quality etc. asking for £50 to cover the postage costs. Tell him you will take it further if you do not get it.
Claim back the money from your CC (tell them you are doing that)- in my experience they will hand it over no worries. (once I did this and got a refund from both the vendor and the CCC- happy days!)
Keep copies of everything inc. notes phone calls.
When these, criminals (cos that is what they are), do not send you £50 within your defined time limit e.g. 10 days, take them to small claims court- it is easy to do over t'net www.moneyclaim.gov.uk
Shortly after they get a nice letter from Northampton County Court telling them to give you £80 (you have to pay £30 up front) or they will be in for a hell of a lot more money and hassle.
As they haven't got a leg to stand on they will pay up, if they have got any sense. If not they will lose and yolu will really stick it to them.
That bloke who laughed at you is a pr*ck, this is the best way to get one over on him.
The moneyclaim site and CAB website explain the process, if you look around long enough.
Claim back the money from your CC (tell them you are doing that)- in my experience they will hand it over no worries. (once I did this and got a refund from both the vendor and the CCC- happy days!)
Keep copies of everything inc. notes phone calls.
When these, criminals (cos that is what they are), do not send you £50 within your defined time limit e.g. 10 days, take them to small claims court- it is easy to do over t'net www.moneyclaim.gov.uk
Shortly after they get a nice letter from Northampton County Court telling them to give you £80 (you have to pay £30 up front) or they will be in for a hell of a lot more money and hassle.
As they haven't got a leg to stand on they will pay up, if they have got any sense. If not they will lose and yolu will really stick it to them.
That bloke who laughed at you is a pr*ck, this is the best way to get one over on him.
The moneyclaim site and CAB website explain the process, if you look around long enough.
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