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Faulty Custom Made Item / Online Purchase - refund refusal

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Hi

 

I purchased an inflatable airtrack for my daughter for xmas to help with her gymnastics.

It arrived a couple of days before xmas but was not used until xmas day.

 

The item does not stay inflated - there were no instructions sent with the item although there should have been.

I tried a couple of further times to inflate the item but it just keeps deflating .

 

I contacted the company on 27/12/7 to report that the item was faulty but they were closed until 3/1/18.

I emailed them with the details and requested a return and refund once they reopened in Jan.

 

When they reopened they did not reply to my email,

I contacted them and they asked me to email them

- I explained that I had already done this and asked them to check their emails .

 

I contacted the company again yesterday and they said that they had not received any emails from me so I forwarded my original email to them

- they have emailed me this afternoon to say that the item I ordered was custom made and that they are only obliged to offer a repair.

 

They have asked me to arrange the return to them at my expense if I want to proceed.

The address that they have emailed to me for the return is not the same as the address on their website

 

- It has been a while since I had a problem with a return / faulty item and I know that regulations change but legally can they refuse a refund on a faulty item?

 

Any advice would be appreciated thank you x

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Under the Consumer Rights Act you are entitled to a full refund – no questions asked – if an item proves to be defective within the first 30 days.

 

The seller is liable to reimburse you for all the expenses of getting the item back to them.

 

Put it formally in writing to them by email and also by recorded post and warn them that if they will not let you have the refund that they will be in breach of their consumer contract obligations. Which company is this?


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who please and was this online from where please if different.

 

CRA is your friend though IF this custom bit may upset things.

 

dx


..

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Thank you for such a quick reply and for confirming where I stand with this. I will o as ou sugest. The company is called Star Leotards.

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The only thing apart from the advice above is thhey may argue its a bespoke item, which it Is not.

Custom made is not the same as bespoke.

 

I can sense they are trying to wriggle out of their responsibility's already.

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Hi It was an online purchase via http://www.star-leotards.com/.

 

The air track is 4m and they say in their email that anything over 3m is classed as custom made.

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we offer a 7 day money back guarantee on this product made to order

 

wonder what the means??

 

but they are still not abiding by online CRA rules

 

which means as you couldnt inspect it like in a shop, then you have 14 days to return the item with a full refund

and you don't need an excuse.

if its faulty this extends the period to 30days as BF says.

 

3there is no get out for them.

 

dx


..

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I've just read the description of the 6 metre one.

No where does it state that its custom made.

Also their 7 day refund policy???????

Not even close to your statutory rights

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Thank you everyone for your time, help and advice, wish me luck with them xx

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This is a bit of a red herring.

If it is duff then it is not fit for purpose or not of merchantable quality to use the word of the old law.

 

If I went into a bespoke tailors, got measured up for a suit and when I collected it one sleeve was longer then the other, the trouser fly didnt work and buttons were missing the tailors couldnt say "tough, it is bespoke".

 

also the distance selling part comes into play here.

As they offer various sizes the item is not bespoke,

just a standard item made to order and that is very different as it is not to your specifications.

 

The clock for returning the item stopped from when you first contacted them so all of the delay caused by them not answering the phone or reading your emails doesnt help their cause on bit

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how did you pay?

debit card?

 

dx

 

Yes via debit card (visa debit not delta) x

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Then if he doesn't playball do a chargeback


..

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Hi I explained the above via email to them and this is his response.

 

“your track was custom made to order

it is in our terms and condition and is in our returns policy

 

if the track is faulty we will refund or we reserve the right to repair the track if we can and return it,

 

if you would like trading standards to contact me I am more than happy to explain custom made items and my right to them ,

 

but im quite sure they already no

thanks “

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Yes, I'm quite sure that Trading Standards will no [sic] and I'm also sure that they'll be more than happy to explain them to him. His terms on his website are laughable when you consider the Consumer Contracts Regulations and the Consumer Rights Act. And I won't mention the spelling and grammar :lol:


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hi i explained the advice that i was given in the earlier posts eg that under the cra i am entitled to return a faulty item for a refund etc etc. I agree dragon fly !! Thank you both xx

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thank you

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Just wondering which is the best way to proceed with this.?

 

A chargeback via my bank or report to trading standards.

 

Also which address should I use the one detailed on the website or the one that the company emailed me?

 

Thank you x

 

The website address is london the one emailed to me is Llandudno x

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do both...Chargeback/TS

 

why did you need to write to the addresses?

if you mean the complain to TS

then put down both for them.


..

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Thank you, that’s great I meant which address for TS x

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How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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This is the response from citizens advice bureau - it is no longer possible to contact TS directly, it has to be made via CAB.

 

 

Dear Mrs xxx,

Thank you for your enquiry to the Citizens Advice Consumer Service. Your reference number is - xxx

 

We are very sorry to hear of your issue with an inflatable airtrack from Xxx .

Several emails were sent to the trader at their request.

They have offered a repair or replacement instead of the requested refund.

 

Your rights and obligations

Under the Consumer Rights Actlink3.gif 2015, all goods supplied by a trader must be of a satisfactory quality, this means that the goods should be free from faults, safe and durable. If you consider the item defective and not through misuse or fair Wear and Tearlink3.gif, you may be able to pursue the trader for one of the following:

 

- ‘A free repair or replacement’ within a reasonable timescale.

Should the consumer select this option within the first 30 days,

the short term rejection window (as above) freezes and the consumer will have a minimum of 7 days upon return of the item to reject if they so wish if the issue is not resolved.

 

 

In these circumstances, the burden of proof is on the trader to prove that the item is not inherently defective and has instead been affected by consumer damage, misuse or natural Wear and Tearlink3.gif.

 

- ‘Final right to reject’ – Beyond the first 30 days and within six months,

if a repair/replacement has failed to resolve the issue,

the consumer reserves the right to make a final rejection request for a full refund or accept the goods at a reduced price.

 

 

In this scenario, the burden of proof is on the trader to prove that the item is not inherently defective and has instead been affected by consumer damage, misuse or natural wear and tear.

 

In addition, beyond the first six months,

if the final right to reject is used,

a trader may reserve the right to adjust a refund for any fair wear and usage of the item.

 

You may be able to seek a refund from your bank or card issuer if they have a chargeback scheme.

You should check the terms of your account and if a chargeback scheme is provided, submit your claim in line with those terms.

 

Your next steps

At this stage it might be best to simply discuss the matter with the trader.

However, if you are unable to reach an agreeable solution you could take a more formal approach and write.

 

 

Your letter should outline all relevant events and make it clear both what action you expect from the trader, and why. It should also give the trader a reasonable time in which to respond to your claim(s), e.g. fourteen days.

 

In addition, sending your letter by “recorded delivery” will provide you with proof of posting; a signature on delivery and online confirmation of delivery.

 

So based on the above it appears that I cannot pursue a refund via CAB / TS ??

I’m confused I thought a faulty item was eligible for a refund under consumer law?

Edited by honeybee13
Name removed

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