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E-cig bought online is faulty but shop refusing to help


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Hi everyone,

 

I'm hoping someone can offer some advice with an online shop problem.

 

I bought an E-cig kit from a shop online which I received a week ago.

 

This morning when I turned it on, the screen is faulty - it has like lines all down it right across it.

 

I contacted the shop I bought it from who don't want to know. I was told that even though I had bought a full kit - mod and tank in a sealed box, that he could not take the tank back due to hygiene reasons as it goes in your mouth. I don't get this as I know that vape shops who have faulty goods returned send the whole kit back to the manufacturer who in turn refunds them. No vape shop will take back part of a kit and it must be returned in its original box.

 

After being pushed, he said he might replace the mod but could not guarantee it would be in a sealed box - all mods are bought in sealed boxes. He said I would have to trust him that he would not send me an old reconditioned replacement !

 

He point blank refused to replace the whole kit with a new one so I told him in that case I would want a refund to which he refused and said I obviously didn't know the law. He then said if he was to consider anything, he would have to make sure that I had not damaged the mod myself - I am OCD about all my mods. They are all like new I am so fussy with them so no I didn't damage it myself. Again I was told that I obviously don't know the law and that he doesn't have to give any refund.

 

This guy is really dodgy.

 

I paid for the kit through paypal

 

Does anyone know what I should do now?

 

Thanks for any advice you may have

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http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?439-Goods-ss.3-32

 

You have rights under the Consumer Rights Act e.g quality of goods, must not have such defects. You are entitled to a full refund including postage costs. You have right to reject within the time frame, as long as you return with all of the packaging.

 

If you paid by credit card or Visa debit card, if the retailer does not refund, your Bank might be able to help.

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I started a paypal dispute immediately. I got their decision email a few minutes ago. They have sided with the seller !!! The reason for this is that when I contacted paypal I did it by phone. the girl I spoke to took down the details and said don't worry we will get your money back for you. She said she would put it under the ITEM NOT AS DESCRIBED title even though I said it was as described but is malfunctioning after one week. Paypal's decision was purely based on the fact that they said the item was as described and took nothing I said into consideration. Going to phone them now and try to see if they will let me appeal it but not holding out any luck.

 

I did a bit of research and found out the 'shop' I bought it from is in fact not a shop. I phoned round a few vape shops in the small area this 'shop' is in but each of the shops said they have never heard of that 'shop'. I told each of the shops the name of the street that 'shop' is in to be told that there are no shops there only houses.

 

Basically its a dodgy guy who orders non tpd compliant vape mods from china then posts them on to the whoever is dumb enough to buy from him.

 

He doesnt want any returned to him because the chance of him getting his money back from china is zero.

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