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Terms and conditions against sales of goods act


grayson
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I purchased a projector screen from Primebuy UK with credit card over the internet.

The screen was falsely advertised as it is the wrong aspect ratio and it is faulty

I have contacted the company and asked for a refund they said i should have read there terms and condition which state

Any goods that are returned are subject to a 25% restocking fee and consumer must arrange delivery and cost.

 

Screen cost £250 and is 2 days old

 

Are these conditions legal

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Hi grayson

 

I haven't looked at the website in question. I would keep all correspondence in writing. I would take a snapshot of the ad.

Also a snapshot of their terms and conditions. I would send the following letter, recorded:-

http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/SGA1979/

 

If they still try to tell you different, contact Consumer Direct and if need be they will get Trading Standards on the case.

A nice summary on here:- http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

 

Let us know what happens.

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Primebuy terms and conditions

 

So they state ALL returns are subject to a 25% restock fee faulty or not.

 

After 28 days I have 12 months warranty with manufacturer

 

sales of goods act states contract is with the seller

 

Trading standards are going to love this

 

Terms & Conditions

 

All goods purchased from Primebuy are subject to the following terms & conditions of sale, please read carefully before making your purchase. By purchasing from, you agree to adhere to the terms & conditions of sale outlined below.

 

* All items for sale are guaranteed brand new and factory sealed.

* All products come with and a 28 day replacement or repair service if found to be faulty.

* Returns are accepted for manufacturing defects within 28 days of receipt of goods.

* If you report a manufacturing defect outside the 28 days, you still have a 12 months warranty with the manufacturer.

* For non-manufacturing defects, we are do offer a repair service. We can also send out replacement parts if necessary.

* Refunds can be claimed within 28 days of receipt of goods if you are not entirely happy your purchase.

* Refunds are given for the cost of the purchase only. Delivery and handling fees are non-refundable.

* Consumers must cover all delivery and handling costs when returning goods.

* Returned goods must be received in as new condition with all original packaging and accessories.

* All returned goods are subject to a minimum 25% restocking fee.

* Goods returned to us damaged, soiled or modified will not be accepted and will be returned to the customer.

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'So they state ALL returns are subject to a 25% restock fee faulty or not.'

 

If the above is correct, then whats to stop them stocking up on faulty goods, then profiting 25% on each sale, they probably would make more profit that way,

thats outrageous!

 

Also it would be an idea if they stuck their address on there website, always worries me when I don't see an address on the website. I wonder if thats a requirement as they take credit card payments.

 

Don't forget your Credit Card should also offer you protection.

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I have also posted this thread on a well known av forum

 

The owner of the company has complained so the Founder of the site wants proof of my alligations

 

With pleasure i said

 

Thanks for all of your advise

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At the end of the day it doesn't matter what it states in their T&Cs if it doesn't comply with the Sales of Goods Act http://www.johnantell.co.uk/SOGA1979.htm etc. If they were not as described or fit for purpose then the purchaser has every right to demand a full refund. If the seller refuses and you paid by credit card you should take it up with the CC company as well as making a complaint to Trading Standards via Consumer Direct http://www.consumerdirect.gov.uk/contact .

if you have bought something on the basis of the seller’s description or a sample, you should expect the item to conform exactly to that description or sample. If it does not, you have the right to reject the goods, demand a full refund and possibly claim damages. This is still the case even where you have selected or examined the items for yourself before buying them.
Edited by cerberusalert
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The distance selling regs add 'extra' protection for items you buy online for the obvious reason that you can't fully inspect them. Their 25% fee is a load of crap, although i believe not long ago, i think Which! did a survey of online stores (many of them big names) and many of them broke various laws, either knowingly or they were just ignorant.

 

Andy

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