Need urgent help regarding a returned item

[thecookiemonster]

Last week a bought a EEE TOP all in one touchscreen PC from Aria Technology, I took it out of the packaging and had a quick go with it and decided that it wasn't for me so i packaged it up securely in all the original packaging that i got with the item.

 

Today i receive an email saying it has been rejected due to apparently having scratches on the screen which i know is completely wrong.

 

Me and my partner packed it back up and was very careful with it plus we checked the screen and there was no marks on it whatsoever.

 

I will take the matter to Court if required but what do you think about this matter? It was sent back within 2 days of getting it.

Edited August 26, 2009 by thecookiemonster

[buzby]

You have rights under DSR if you bought it by mail order or online. However, if they are saying it is damaged (and it may well have become damaged in transit) you would be liable (or more properly, your carrier).

 

How did you arrange to return it?

[thecookiemonster]

You have rights under DSR if you bought it by mail order or online. However, if they are saying it is damaged (and it may well have become damaged in transit) you would be liable (or more properly, your carrier).

 

How did you arrange to return it?

 

I bought it online, But like i said it was packaged just as i had received it, and was packed in 3 different boxes, there is no way it could have been damaged in transit in my opinion but i am seething and fuming, as they are going to send an unwanted item back to me.

 

It was sent back using Parcelforce which i had to pay for.

[raydetinu]

sounds like a [problem], ask for photographic evidence;could be faked though! If you are going to make a claim against the carrier they will want to see the evidence; Arrange for carrier to go to premises and inspect it!

[thecookiemonster]

sounds like a [problem], ask for photographic evidence;could be faked though! If you are going to make a claim against the carrier they will want to see the evidence; Arrange for carrier to go to premises and inspect it!

 

Exactly what has gone through my mind!

 

I used it for 5 mins, i didn't use it long enough to scratch it and it was packaged very very securely and i just cannot understand it for one minute, I have 4 witnesses who checked it before it was packed, It was just like new when it was sent back and now they are refusing to refund my money and said i will have to pay to get the item sent back to me but i don't want it back.

[My Real Name]

You have rights under DSR if you bought it by mail order or online. However, if they are saying it is damaged (and it may well have become damaged in transit) you would be liable (or more properly, your carrier).

I'm not sure that's the case. The OFT guide for business on distance selling (parts 3.62) state that "If the consumer does not exercise reasonable care and the goods are damaged, [the retailer] may have a claim against them for breach of this statutory duty."

 

If reasonable care was taken, then the retailer has a statutory duty to make a full refund of all monies, other than the direct cost of returning the goods (and then, only if they had stated so in their terms and conditions).

[thecookiemonster]

Any got any advice on what kind of email i should send to the company? Aria Technology Ltd?

[thecookiemonster]

I'm not sure that's the case. The OFT guide for business on distance selling (parts 3.62) state that "If the consumer does not exercise reasonable care and the goods are damaged, [the retailer] may have a claim against them for breach of this statutory duty."

 

If reasonable care was taken, then the retailer has a statutory duty to make a full refund of all monies, other than the direct cost of returning the goods (and then, only if they had stated so in their terms and conditions).

 

More than reasonable care was taken, It was packed just as i had received it and there was not a single mark or scratch on the screen and i paid Parcelforce to collect the item and deliver it back to the company.

[raydetinu]

Write asking for refund or proof of damage?

Did you pay by credit card, then you can do charge back.

[thecookiemonster]

Write asking for refund or proof of damage?

Did you pay by credit card, then you can do charge back.

 

No unfortunately i did not pay by credit card, I paid by debit card

[buzby]

The trouble is Parcelforce are well-known for being sonewhat careless, so if the goods were not the same when delivered back to the company, then your claim is against Parcelforce - which is complicated because you don't wat the item.

 

To protect your interests, you NEED photographs of the item as it was delivered to the firm. If they do not recieve it in a saleable condition, they do not have to refund, as it is immaterial to them WHO caused the damage. Incidentally, you'd be amazed at how well-packed stuff can be wrecked whilst the outer packaging remains intact.

 

The dealership are within their rights, if they do not recieve it undamaged they cannot resell it, so the responsibility is with you as they got it to you safely. Incidentally, the fact you paid for the return is correct - you changed your mind, so any return would be at your expense.

 

I believe claiming against Parcelforce is your only realistic action for resolving the issue.

[thecookiemonster]

I don't believe for one minute that the item has scratches on the screen not at all, I am totally fuming because i feel like i have been conned.

[My Real Name]

Any got any advice on what kind of email i should send to the company? Aria Technology Ltd?

An LBA, outlining their statutory duties under the DSRs.

 

You could use these as references:

 

The OFT's Business Guide to DSR , and The OFT's Consumer Guide to DSR.

Edited August 5, 2009 by My Real Name

[My Real Name]

The trouble is Parcelforce are well-known for being sonewhat careless, so if the goods were not the same when delivered back to the company, then your claim is against Parcelforce

If this were a contractual arrangement, then yes. However, this is a matter of statutory duties.

 

If it can be determined that employing Parcelforce was not taking reasonable care, then the claim might be against them.

 

To protect your interests, you NEED photographs of the item as it was delivered to the firm. If they do not recieve it in a saleable condition, they do not have to refund, as it is immaterial to them WHO caused the damage. Incidentally, you'd be amazed at how well-packed stuff can be wrecked whilst the outer packaging remains intact.

 

The dealership are within their rights, if they do not recieve it undamaged they cannot resell it, so the responsibility is with you as they got it to you safely. Incidentally, the fact you paid for the return is correct - you changed your mind, so any return would be at your expense.

DSRs do not afford the retailer the right to be able to resell any item returned under the DSRs. Section 3.59 of the OFT guide covers this to some extent.

 

"The DSRs do not link cancellation rights with a supplier’s ability to resell items as new."

 

I believe claiming against Parcelforce is your only realistic action for resolving the issue.

[buzby]

In issues like these, it becomes an issue of 'he says/she says' - What is so different about your return of an item? They will have refunded people and dealt with returns before. You used PARCELFORCE who have the Olympic record for throwing cardboard boxes - so you are in no position to confirm the level of damage on reciept, only that it left you undamaged.

 

Without proof, you've nothing to fall back on.

[My Real Name]

Without proof, you've nothing to fall back on.

Other than the OFT guidance on Distance Selling Regulations.

[buzby]

"The DSRs do not link cancellation rights with a supplier’s ability to resell items as new."

 

You made this link, not me. The shop mist recieve the goods back in a saleable condition. If scratched, this is not a saleable condition, and they are not required to make a refund.

[thecookiemonster]

In issues like these, it becomes an issue of 'he says/she says' - What is so different about your return of an item? They will have refunded people and dealt with returns before. You used PARCELFORCE who have the Olympic record for throwing cardboard boxes - so you are in no position to confirm the level of damage on reciept, only that it left you undamaged.

 

Without proof, you've nothing to fall back on.

 

The item was sent to me in a big box, then that had another box inside it and then another box, and it was packaged so securely that it would have had to have been thrown around at some force to damage the actual item was also had been been packaged very securely in it's box and bare in mind that this box was put inside two other very securely packaged boxes.

[buzby]

Other than the OFT guidance on Distance Selling Regulations.

 

Which is worth...? Not a lot if they assert the goods were damaged. I'm impressed you are prepared to accept that PF is a respected shipper!

[buzby]

The item was sent to me in a big box, then that had another box inside it and then another box, and it was packaged so securely that it would have had to have been thrown around at some force to damage the actual item was also had been been packaged very securely in it's box and bare in mind that this box was put inside two other very securely packaged boxes.

 

Is this the issue? I thought it was fine when you recieved it? You just changed your mind and sent it back. THEN it goes pear-shaped! So it is the retailer who has the task of confirming safe delivery or not.

[thecookiemonster]

Is this the issue? I thought it was fine when you recieved it? You just changed your mind and sent it back. THEN it goes pear-shaped! So it is the retailer who has the task of confirming safe delivery or not.

 

As i said it was fine when i got it, i did not want it so sent it back, it was packaged very very well indeed so how the hell did it supposedly have scratches on the screen when it got back to the retailer?

 

Yes i didn't think the item was as good as expected and sent it back for a refund which has now been refused.

[thecookiemonster]

Is this the issue? I thought it was fine when you recieved it? You just changed your mind and sent it back. THEN it goes pear-shaped! So it is the retailer who has the task of confirming safe delivery or not.

 

Sorry i messed up that other post, I meant to have said that the item was sent back to them in a big box, the actual item was packed securely in it's box and was then put inside another box and then another box just like i received it, It got to me fine and it would have got back to them fine in my opinion.

[My Real Name]

You made this link, not me. The shop mist recieve the goods back in a saleable condition.

By what authority?

If scratched, this is not a saleable condition, and they are not required to make a refund.

But they are required to make a refund under the provisions of the DSRs.

[Annoying Twit]

From what I've read concerning returns, I would certainly insure any goods I return under the DSR's.

 

But how do you prove to the carrier that the goods were undamaged when they were packed? A series of photos during the packaging process?

 

I realise none of this helps the OP. Apologies.

[thecookiemonster]

I arranged with the company i bought the item off to send the item back 2 days after i bought it, Isn't that under the DSR?