Faulty Item

[afcwben]

Hi,

 

I bought a bespoke x box controller that was bespoke.

 

Received it and it does not work, do I have any rights to return it for a refund or do I have to accept a repair, they have stated under their T&C's they wont refund as it is bespoke, where do I stand legally?

[honeybee13]

Hi.

 

I expect other people will have other questions but can you tell us who you bought the x-box from and when please?

 

HB

[Manxman in exile]

Is it truly "bespoke" (ie made to your specification or personalised for you) or is it simply customised from a combination of options offered by the seller?

[BankFodder]

If it is faulty then it comes under the usual rules about short-term right to reject contained in the Consumer Rights Act. The issue of the item being bespoke only refers to items which are bought online and are being returned under the 14 day cooling off period rules.

The supplier is wrong. If you bought the item within the last 30 days then you should write to them by letter or by email and make it clear that you are asserting your short-term right to reject and that you want a refund. Their terms and conditions have nothing to do with it and are unenforceable.

[afcwben]

17 hours ago, BankFodder said:

If it is faulty then it comes under the usual rules about short-term right to reject contained in the Consumer Rights Act. The issue of the item being bespoke only refers to items which are bought online and are being returned under the 14 day cooling off period rules.

The supplier is wrong. If you bought the item within the last 30 days then you should write to them by letter or by email and make it clear that you are asserting your short-term right to reject and that you want a refund. Their terms and conditions have nothing to do with it and are unenforceable.

This was bought on linedoes this effect my right?

 

I emailed the supplier and this is their reply 

 

"This is a hand made and personalised item so it is not eligible for a refund, only a repair. This is standard industry practice and is inline with the consumer rights act."

 

 

[BankFodder]

21 minutes ago, afcwben said:

This was bought on linedoes this effect my right?

 

 

Who are they? I can't seem to find them on the Internet – and in any case, why should this affect your right?

 

21 minutes ago, afcwben said:

I emailed the supplier and this is their reply 

 

"This is a hand made and personalised item so it is not eligible for a refund, only a repair. This is standard industry practice and is inline with the consumer rights act."

 

 

 

I've already given you the answer to this.

What was the value of the item – and have you written to them asserting your rights as I have advised?

[afcwben]

1 minute ago, BankFodder said:

 

Who are they? I can't seem to find them on the Internet – and in any case, why should this affect your right?

 

 

I've already given you the answer to this.

What was the value of the item – and have you written to them asserting your rights as I have advised?

The item was 69.99 and i have asserted my rights but they claim they are acting with the act

[BankFodder]

You still have an address my question as to who is the supplier. You gave a name but I can't find them. How about posting a link for us?

Secondly, you haven't given any dates of the purchase and of the date that you asserted your rights.

I think that simply having the basic detail of the story would be very helpful rather than having to tease out of you. Thanks

[afcwben]

15 minutes ago, BankFodder said:

You still have an address my question as to who is the supplier. You gave a name but I can't find them. How about posting a link for us?

Secondly, you haven't given any dates of the purchase and of the date that you asserted your rights.

I think that simply having the basic detail of the story would be very helpful rather than having to tease out of you. Thanks

Sorry about that here is their site https://www.defygaminguk.com/

[BankFodder]

Thank you. Now what about the dates? This is a bit like pulling teeth

[BankFodder]

Also, how did you pay?

[afcwben]

5 minutes ago, BankFodder said:

Thank you. Now what about the dates? This is a bit like pulling teeth

sorry again, ordered 06/04/2020 received  21/04/2020, advised of problem 22/04/2020

[BankFodder]

Thank you.

Well clearly you benefit from the short-term right to reject as laid out in the Consumer Rights Act. You say that you have asserted your right to reject – and they have refused to step up to their responsibilities.

How did you pay?

Because this is a relatively small amount, it would be a bit of a nuisance to have to bring a legal action and might be simply easier to begin a chargeback process if you have paid with a debit card.

[afcwben]

1 minute ago, BankFodder said:

Thank you.

Well clearly you benefit from the short-term right to reject as laid out in the Consumer Rights Act. You say that you have asserted your right to reject – and they have refused to step up to their responsibilities.

How did you pay?

Because this is a relatively small amount, it would be a bit of a nuisance to have to bring a legal action and might be simply easier to begin a chargeback process if you have paid with a debit card.

I always pay for online stuff with a credit card just in case so assume I would have to charge this back as they are choosing to ignore my rights

[BankFodder]

Okay – very good move using a credit card. Always the best thing to do. However, I believe that you can only rely on section 75 of the consumer credit act if the purchase has been for more than £100. I'm afraid that this means that you won't be able to rely on the credit card protection. I have to say that it's a strange rule – but that is it.

However, you can initiate a chargeback instead of relying on section 75. The chargeback is a voluntary scheme that the banks subscribe to – and although they don't like it, I think most banks are on board.

Get in contact the bank – do it on the phone and begin the chargeback process and let us know what happens. Also I suggest that you put up a scathing review on trust pilot and elsewhere about this company and their attitude.

Of course you have read our customer services guide because you have been with us since 2010 so I don't need to repeat to you how important it is to record your call – do I?

[afcwben]

6 minutes ago, BankFodder said:

Okay – very good move using a credit card. Always the best thing to do. However, I believe that you can only rely on section 75 of the consumer credit act if the purchase has been for more than £100. I'm afraid that this means that you won't be able to rely on the credit card protection. I have to say that it's a strange rule – but that is it.

However, you can initiate a chargeback instead of relying on section 75. The chargeback is a voluntary scheme that the banks subscribe to – and although they don't like it, I think most banks are on board.

Get in contact the bank – do it on the phone and begin the chargeback process and let us know what happens. Also I suggest that you put up a scathing review on trust pilot and elsewhere about this company and their attitude.

Of course you have read our customer services guide because you have been with us since 2010 so I don't need to repeat to you the importance of recording your call – do I?

Thanks for your help in this I wioll give the bank a call and yes I do record my calls

[BankFodder]

It's been pointed out by one of my site team colleagues that a chargeback may not be available on a credit card. I had a look around and got the impression that it was possible – but clearly there is some question over it and you will have to see when you phone your bank. If their first response is that you can't do the chargeback then push it. Be insistent and see if they buckle.

[AndyOrch]

Digging deeper perhaps it may be possible as advised .....its getting around this £100+ or more obstacle.

 

http://www.theukcardsassociation.org.uk/individual/chargeback-for-credit-and-debit-card-purchases.asp

[Manxman in exile]

I'd go back to the supplier and politely suggest to them that they are mistaken.  Emphasise to them that you want a full refund not because of a "change of mind", but because the controller they have supplied is faulty and does not work.  Remind them that under the Consumer Rights Act 2015 (I'm not sure if that's the right statute or not - I can never remember but someone else here will know) you are entitled to reject the faulty controller within 30 days and receive a full refund.  No "standard industry practice" can remove your statutory rights.

 

You may also want to suggest that what they are telling you is unlawful if they are stating it is in line with consumer legislation and that you will consider referring it to Trading Standards.  (Bit of a bluff - see if others agree or not).

 

I'd go back to the supplier here because something similar happened to us last week.  My wife bought an expensive bit of kit online and after unpacking it and trying it decided it wasn't for her and "changed her mind".  The supplier pointed to their T&Cs saying they could deduct a minimum of 20% from the refund.  My wife replied saying "no you can't - I'm entitled to 100% refund".  The supplier came back apologetically saying they'd sent the wrong reply template by "mistake", and of course she could have a full refund!

 

I'd give them an opportunity to do the right thing...  [Edit:  I know, I'm a good natured fool!]

Edited April 28, 2020 by Manxman in exile

[BankFodder]

1 hour ago, Manxman in exile said:

 

I'd give them an opportunity to do the right thing...  [Edit:  I know, I'm a good natured fool!]

 

Because you've only been here since 2017 – a relative newbie. Just wait until you become calloused and distorted and bitter like the rest of us. (… or like me at any rate)