Dispute with online sale advice please

Discussion in 'Finance, Property, Law' started by supermatelot, Nov 19, 2012.

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  1. I purchased a reconditioned carpet cleaner of a reputable brand from an online bookstore. After 10 minutes of running it the motor started smoking and started screaming. I emailed them and they arranged a prompt replacement (without asking for the defective one back). Upon using the replacement, within 10 minutes the exact same occurred - house filled with smoke - screaming motor. I have contacted them again and asked for a refund.

    They replied asking us to return the products to them using a parcel company they suggested, stating they would reimburse the cost. We were quoted a £60 postal fee which I have no intention of paying out intially.

    I have emailed them back stating I believe the current batch of this product has been reconditioned with wholly underated motors and poses a serious electrical & fire hazard, and that I require them to arrange postage for their return. I have also stated that unless this is resolved swiftly and to my satisfaction I will refer the matter to trading standards for further investigation. I await their reply.

    Please advise
  2. You're under no legal obligation to return the goods, but you do have to make them available for them if they arrange recovery. Did you pay by credit/debit card? You could ask your bank to do a "charge back".

    If you really think they're dangerous, then letting trading standards have 'em would be the responsible thing to do.
  3. My sympathies. According to CAB when you buy something online, you have even more protection than if you buy directly from a shop.
    Maybe these links will help?
    Citizens Advice - Know your rights when buying online

    Citizens Advice - Faulty goods - if you want your money back

    Citizens Advice - Returning goods bought by distance sale

    "When the trader must pay for the cost of return: The trader must pay for the cost of return if:

    you cancel the contract because the goods are faulty
    the goods supplied to you were substitutes
    asking you to return the goods would be seen as an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999".

    Source: CAB Adviceguide online
  4. They have sent a reply back stating they do not recondition them and they have the receipts from their suppliers, and that they have sold over 100 of them with no complaints. They still insist we pay (in initially) for the postage and they said they'd refund it. They said it would be about £7 per box. On the website of the company they said to use, the estimate for each returned package (I now have 2) was £20.50,

    I tested the thing again today hoping it was just a case of a new motor needing to "wear in". After 5 minutes it became quite obvious something was seriously amiss.
    this sale was via Amazon. As far as I can see, they are not abiding by Amazon's return policy by leaving us to organize the sending back of faulty products.
  5. Have just spoke to some poor bugger in another country from Amazon. because it was third party seller we are required to abide by whatever the seller says etc etc.

    I now have 2 defective products. On the instructions there is a helpline number for the brand and they can do repairs. Could I get 1 of them repaired and legally invoice the Amazon 3rd party seller? And if a significant fault was discovered (of which I'm sure there is) what action could I take from there?

  6. Don't get them repaired. The coy are under no obligation to pay for this and could even suggest that this was the cause of the fault. The Sale of Goods Act and the Provision of Goods and Services Regulations are your point of reference but ( you will need to double check this) I believe that they can request that you return the goods and offer a reimbursement of costs. I would return them as requested, paying for the postage by credit/debit card and also lodge a complaint with both Amazon and Trading Standards
  7. Ok - this is getting daft now! ...

    I phoned the manufacturer helpline - spun them the dit, gave serial numbers and details etc and...for a £3.99 admin cost they are dispatching a brand new one to us. I received the dispatch order 2 mins after the phonecall.

    i'll have 3 of the ******* now!!

    Anyone wanna buy a slightly dodgy V*x?!

    Can't fault their customer service.