Distance selling regulations?
Discussion
So I had to buy a new turbo for my car. £800 later I have a new garrett turbo.
But this turbo appears to be fake, I have pics I can post for confirmation. There is scoring on the outside, imperfections all over it, the cover around the wastegate appears snapped off and the faceplate with the serial number on is wonky and appears glued to an older one.
I figured I would just send the turbo back without making a fuss but the shop
claims the following.
1. I have to pay return postage as well as original postage: "Regardless of the return reason, the buyer is responsible for return postage. On unwanted items, the buyer is also responsible for the initial postage cost"
2. "We reserve the right to charge up to a 10% restocking fee to cover card fees, time and packing costs." (£80.02 in this case)
3. All of their products are "custom" and so DSR's don't apply (wtf?) Also they claim 25% restocking fee on their branded products.
What worries me is...the turbo arrived in an ungood condition so they might try and withhold the whole £800 and blame it on me?
"We will notify you via email of your refund once we've received and processed the returned item. Unwanted items must be unused and in the condition they were sent. We may also charge a restocking fee. This is to prevent customers from ordering parts 'just in case' they need them. If products are not unused or in good condition, we reserve the right to withhold all or part of the refund payment. This does not affect your statutory rights."
Note they talk about more restocking fees.
How is this even legal? Shops can't charge restocking fees...
The turbo appears to be a chinese knockoff.
ETA
No names please.
But this turbo appears to be fake, I have pics I can post for confirmation. There is scoring on the outside, imperfections all over it, the cover around the wastegate appears snapped off and the faceplate with the serial number on is wonky and appears glued to an older one.
I figured I would just send the turbo back without making a fuss but the shop
claims the following.1. I have to pay return postage as well as original postage: "Regardless of the return reason, the buyer is responsible for return postage. On unwanted items, the buyer is also responsible for the initial postage cost"
2. "We reserve the right to charge up to a 10% restocking fee to cover card fees, time and packing costs." (£80.02 in this case)
3. All of their products are "custom" and so DSR's don't apply (wtf?) Also they claim 25% restocking fee on their branded products.
What worries me is...the turbo arrived in an ungood condition so they might try and withhold the whole £800 and blame it on me?
"We will notify you via email of your refund once we've received and processed the returned item. Unwanted items must be unused and in the condition they were sent. We may also charge a restocking fee. This is to prevent customers from ordering parts 'just in case' they need them. If products are not unused or in good condition, we reserve the right to withhold all or part of the refund payment. This does not affect your statutory rights."
Note they talk about more restocking fees.
How is this even legal? Shops can't charge restocking fees...
The turbo appears to be a chinese knockoff.
ETA
No names please.
Edited by Big Al. on Sunday 16th April 10:16
If it's counterfeit then the 14 days won't apply since it's counterfeit goods/fraud.
The serial number plate looks dodgy, is it perhaps remanufactured/refurbished and then somebody put a fake plate on top to make it look new?
Did you buy it on credit card perhaps? That might turn out to be the easiest way forward.
The serial number plate looks dodgy, is it perhaps remanufactured/refurbished and then somebody put a fake plate on top to make it look new?
Did you buy it on credit card perhaps? That might turn out to be the easiest way forward.
GSalt said:
twoblacklines said:
3. All of their products are "custom" and so DSR's don't apply (wtf?)
Well, they got that right. But possibly by accident. The Consumer Contracts Regulations replaced the DSR in 2014.twoblacklines said:
I have fired off an email to Garrett to check authenticity, but it is a bank holiday. I got 7 days to request a refund so timing is going to be tight here :/
Just return it under DSR/CCR. The onus is not on you to chase Garrett.Looks like a duck, quacks like a duck, etc...
Looks very dodgy to me (specifically the plate).
Here's a genuine garret turbo .
gtb2260 by Fat Bear Photography, on Flickr
The scoring on the turbo blades could be from rebalancing but it's a way to do it.
Here's a genuine garret turbo .
gtb2260 by Fat Bear Photography, on FlickrThe scoring on the turbo blades could be from rebalancing but it's a
way to do it.ging84 said:
if you are rejecting the goods as not as described and/or not of satisfactory quality it's not distance selling regulations it's consumer rights act
you have 30 days.
They (the shop) don't allow you to refund items unless they are faulty, no option for "changed mind" in the first place.you have 30 days.
Looking like I will have to pay
10% or possibly 25% restock fee
postage to me
postage to them
So could potentially be paying nearly £300 to send a product back to the so they can sell it to someone else. Madness.
DSR's changed to CCR and CCR doesn't say anything about restocking fees.
KevinCamaroSS said:
GSalt said:
twoblacklines said:
3. All of their products are "custom" and so DSR's don't apply (wtf?)
Well, they got that right. But possibly by accident. The Consumer Contracts Regulations replaced the DSR in 2014.[quote=twoblacklines]
They (the shop) don't allow you to refund items unless they are faulty, no option for "changed mind" in the first place.
Looking like I will have to pay
10% or possibly 25% restock fee
postage to me
postage to them
So could potentially be paying nearly £300 to send a product back to the so they can sell it to someone else. Madness.
You may not be aware that a business can't just make up rules that contravene British law. If the item is being sold fraudulently, they can't charge you re-stocking fees, or any other charges. You probably won't be required to send it back if it's a knock-off anyway.
Tim
They (the shop) don't allow you to refund items unless they are faulty, no option for "changed mind" in the first place.
Looking like I will have to pay
10% or possibly 25% restock fee
postage to me
postage to them
So could potentially be paying nearly £300 to send a product back to the so they can sell it to someone else. Madness.
You may not be aware that a business can't just make up rules that contravene British law. If the item is being sold fraudulently, they can't charge you re-stocking fees, or any other charges. You probably won't be required to send it back if it's a knock-off anyway.
Tim
GSalt said:
If this is a UK seller and you're confident it's a fake, just take the whole story to their local Trading Standards office. Give TS a ring first thing on Tuesday. You need to ring TS local to the retailer, not your local one.
Trading standards wont fight your corner for you though Did you pay via credit card?
I did see this thread before the company name was edited out. On that basis, one of my friends who's more into diesel stuff suggested that you may get good traction with raising the issue on the TDIclub forums. They have a "vendor accountability" thread if you really don't make any progress yourself, and the company concerned do respond to it.
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