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Do I have rights? This time its a return


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Posted by lukechris
Hi,
Back again with the same question. Basically, I order all my computer bits and bats from a UK based company (not gonna spill my secrets ). They have done nothing but let me down so far, I spent over £400 with them when I built my PC, 2 faulty items, and then spent a further £400 last week to find another faulty item.
Here is an account of the "email argument" (so to speak)
Any help would be great

Email 1, me to company

Hi,
I am very angry and would like to return ***PRODUCT*** off my order please. I am angry because I have spent over £800 at ***company*** over the last 2 weeks and 2 of the purchased products have been faulty. I am writing to request a refund of £35, because I had to go out to a local PC shop and purchase an equivalent item of this value, I have a reciept to prove this and I also want the return P&P costs (which I was promised last time I returned and never got).
Regards


Email 2, company reply

Dear customer
Thank you for your email
Sorry to hear that you have received a faulty item. Our products are rarely faulty and it is unfortunate that you have received one that is. Unfortunately we wouldn’t refund the cost of the replacement one you purchased elsewhere. We would normally exchange the faulty one for a new one but as you have already purchased one we will simply get this faulty one back for a refund.

I have generated the following returns number for you: XXXXXXX - please put this on a piece of paper with the item along with our name and address. Please then advise of a suitable date to collect this from you and we will get this picked up and refunded.
Regards


Email 3, me to company

Dear XXXXX,
Thank you for your reply but I feel as if we have the rights to a £35 refund. We legitimately purchased a product, with next day delivery, which shows the urgency of the purchase of the product. This was a computer build for a customer, and we feel as if you have let us down. Of course we always expect a working product, and if from time-to-time a faulty product arises, then we can accept that. However, as I said in my last email to you, we are a new customer who has spent over £800 in the last 2 weeks alone, and 3 of the 13 products we purchased turned out to be faulty. Also, we were promised a full refund of the return postage costs, which we never recieved, and we would expect that at a BARE minimum.

If we can resolve this problem, and therefore we can trust you to continue using your services, however, if we can not, I **the company**.
Thank you for taking the time to read this email and thank you for assisting us in resolving this issue
Regards


Once again thanks for any help
[ This Message was edited by: lukechris on 2010-03-08 20:19 ]



Posted by blerk
I don't think you can do much about it, though when you return a faulty product to them they should reimburse you the postage, which is stipulated in the distance selling regulations, but those only apply for consumers, I don't know if you buy from them as a business or as a private person. Nevertheless, they should be amicable and refund you the postage and send you a working part or refund the price of the faulty parts as you no longer need them. As for getting money from them to cover expenses made from buying the parts elsewhere, slim chance. For business to business transactions protection may be less or different. I would consult with experts on the CAG forums to verify your rights. If you want to read the regulations yourself check here (I think it only applies to consumers though).

Posted by number1
They can offer an exchange by law they don't have to offer a cash refund, only if the exchanged item is faulty again do they have to offer a cash refund, if you purchase the same item from somewhere else because the 1 from them was faulty you can't expect them to pay for it they are only required to offer a exchange still whether you still need the item or not, i'm unsure about the postage though, i think the postage would count as a extra service so unless there was something wrong with the service i don't think you can claim for it, when returning items you should ask for a pre paid postage sticker or something.
But i think the company should have paid for the postage, send them a copy of the postage receipt and demand they pay for it, 3/13 faulty items isn't good and there customer service seems the same i'd switch to another company.

Posted by blerk
For consumers anything you buy from a distance; phone, internet, mail order can be returned for a full refund within 7 days (cooling off period), this includes postage! It doesn't apply on auction items, things bought from non-business sellers and customised good (e.g. a personalised mug).

I noticed a lot of UK companies are not aware (or pretend not to know) of this and sometimes only offer store-credit or refund without p&p, this is however against the law.

Posted by lukechris
Ok thanks its worth a try. Will keep you updated


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