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Refund on faulty item despite T&Cs saying 'no refund'?


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Dear folks,

 

I recently bought an electronic GPS unit that cost £2,355.87. I received the item on 11/08/2010 and following a holiday and heavy workload got around to testing it yesterday (22/08/2010). The item is faulty, in that it will occassionally freeze when switching it on (after switching it on and off 30 times it froze on 5 occassions). I contacted the seller and said I wish to return it for a full refund. He has replied with:

 

"With regards to a refund, unfortunately this is not allowable on software and/or GPS equipment as clearly stated on our site under Terms and Conditions ".

 

Their T&Cs can be seen at: http://www.mobilecadsurveying.co.uk/terms-and-conditions.html

 

They have said that they would be happy to check the unit out and resolve or replace according to what is found, and ask that I return the unit to the original dealer for checking. However, I would rather have a full refund (plus the cost of return postage). I have two queries that I hope you will be able to help with:

1. Is it within my rights to demand a full refund, even though their T&Cs say they will not provide a refund?

2. Assuming I am due a refund, should I return the item to the people I bought it from or the main dealer?

3. Should I have the item verified by someone as being faulty before I send it back?

 

Thanks in advance for any help.

 

Best wishes,

Des

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Dear folks,

I recently bought an electronic GPS unit that cost £2,355.87. I received the item on 11/08/2010 and following a holiday and heavy workload got around to testing it yesterday (22/08/2010). The item is faulty, in that it will occassionally freeze when switching it on (after switching it on and off 30 times it froze on 5 occassions). I contacted the seller and said I wish to return it for a full refund. He has replied with:

"With regards to a refund, unfortunately this is not allowable on software and/or GPS equipment as clearly stated on our site under terms and conditions ".

Their T&Cs can be seen at: http://www.mobilecadsurveying.co.uk/terms-and-conditions.html

They have said that they would be happy to check the unit out and resolve or replace according to what is found, and ask that I return the unit to the original dealer for checking. However, I would rather have a full refund (plus the cost of return postage). I have two queries that I hope you will be able to help with:

1. Is it within my rights to demand a full refund, even though their T&Cs say they will not provide a refund?

2. Assuming I am due a refund, should I return the item to the people I bought it from or the main dealer?

3. Should I have the item verified by someone as being faulty before I send it back?

Thanks in advance for any help.

Best wishes,

Des

 

Point 3 is definatly a good idea if possible!

 

I'm sure someone with more intricate knowledge of SOGA will post more about what your rights are in demanding a refund.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

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Your contract is with the seller, not the manufacturer.

 

'no refund' policy is illegal. You can only refuse a refund if the item is software or music/video that has been opened, however if that item is faulty the buyer can still demand a refund.

 

In this case, I must asume you have bought a very special bit of kit for that price. If it doesn't work as intended then it is faulty and you are entitled to a refund. retailers like this often believe that they have the right to change a consumers rights. They do not. the law is very clear and if they refuse to refund, take them to court.

 

I would take the unit to a reputable dealer of similar items and show them the fault. Do not let them open it or take it apart, just get them to agree (even verbally but ideally in writing) that they have seen the fault. failing that show a solicitor or a trading standards officer. Keep a note of the serial number.

 

The T&Cs are laughable. You cannot demand that a consumer is at the absolute discretion of the seller. Ridiculous in the extreme.

 

EDIT:

 

If you paid by credit card (not debit card) the card company is jointly liable for your loss.

Edited by wheelergeezer
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