Item not fit for purpose but online seller refusing to refund

[dc1234567890]

Hi,

 

I bought a necklace online, and by the evening of the day of delivery the chain had snapped. I believe I am entitled to a refund under the SOGA as the item clearly didn't last a reasonable length of time and was not fit for purpose. I've been in contact with the seller and they are refusing to refund me until I send it back to the manufacturer "who will make a decision upon inspection." Communication has since come to a halt.

 

I'd appreciate if you'd tell me where I stand on this and what I should do next. I think I've included everything here but feel free to ask any questions if you need more info.

 

Thanks,

 

David

[Kyttens]

Hey DC,

 

I'm sure some of the more knowledgable folk will be along soon, but in the meantime I would give Consumer Direct a call as well; very helpful, seem to know the regs. inside n out. They will give you a reference number if you need to get back in touch with them, and their website has a bunch of useful letter templates as well.

 

Don't know where you stand on the broken clasp though- maybe the store will come back and say that you were too heavy handed? Very subjective view point though.

 

Also, if you paid by CC or Visa Debit you ca get in touch with your card provider and ask for a charge back; somewhat easier with credit cards apparently- may be going down that route myself on the debit side, so will let you know how much of a nut ache it is.

 

Good luck with it n let us know what goes on

 

Ttfn,

 

Kyt

[Naxxas]

your contract is with the seller NOT the manufacturer.

 

the seller needs to deal with you.

 

if it was via Ebay raise a dispute with paypal and get your money back, that will get their attention if they are ignoring you, paypal 9/10 sides with the buyer, but in this case you are right.

[Naxxas]

under the SOGA under 3 months you are entitled to refuse a repair. however it is not unreasonable for the seller to have it inspected first before you do so.

[dc1234567890]

Thanks guys. I phoned the manager and he seemed more clued up on the law. I've since received a full refund including postage.