Ordered 2 units in April 2021, finally arrived August 2nd 2022, now just want refund. court claim raised.

[Colonel_Klinck]

I ordered 2x Helium Hotspots online from Nebra Ltd back in April 2021 for £309,91 each.

They have been terrible in communicating with customers as they were clearly unable to produce these items but took customers money anyway.

 

I eventually got sick of waiting and asked for a refund back in July 2022, they refused saying the hotspots were only weeks away.

I started a small claims court action and 7 days after I submitted this the hotspots arrived.

 

At this point I just want to return the hotspots to Nebra and get a full refund.

They are refusing this point blank.

 

I needed these hotspots months ago, they are no use to me now.

 

Where do I stand legally? 

 

This is the email they sent confirming purchase on 9.04.2021. 

Screenshot 2022-08-04 at 17.15.23.pdf

[dx100uk]

as this was an online order under your consumer rights act 2015...

you can reject anything ordered online for no reason at all as long as you do so within 14 days of the item being in your possession. there is no quibble.

 

did you put this in your particulars of claim?

 

dx

 

 

[Colonel_Klinck]

I didn't mention the consumer rights act no. I did put all the details of what has happened.

 

I got a notification from HM Courts and Tribunal Service that Nebra had rejected my claim and have suggested we both use the free mediation service. The hotspots arrived the next day on a 24hr FedEx service. Since then I said I wanted to return them and they refused and pointed me to this on their website 

 

https://www.nebra.com/pages/returns-policy

 

Should I email Nebra again mentioning the consumer rights act? Should I return the units asap with a covering letter and send by a fully tracked and signed for postage service?

[dx100uk]

Sorry yes , consumer contract regulations.....and Distance selling regulations, which I believe were, like the sale of goods act, rolled into the then new consumer rights act in 2015.

 

I'd do as they say in their t&C's you posted, as long as you did inform them in a written form you wanted to return them 

 

It might help to offer to drop the court claim if they agree..

 

was it within 14 days?? Of receiving them and have you written telling them?

 

Dx

 

 

[Colonel_Klinck]

Yes I only received them yesterday. 

 

This is the bit in their T&C they are using to try and get out of it.

 

Quote

Please Note - Nebra HNT Hotspot Miners

Due to the nature of the Nebra HNT Helium Hotspot Miners and their custom pre-order status, we are unable to accept any returns. 

 

The hotspots aren't "custom". They weren't made to my order. 

 

I did pay with Paypal but as it was back in April 2021 I doubt they can help me. 

Edited August 4, 2022 by Colonel_Klinck

[dx100uk]

to be custom, and avoid that, YOU have to specify something specific which is different from their normal product.

some hi street furniture sofa makers tried that dodge years ago and lost as far as i remember.

[Colonel_Klinck]

Thanks for your help

 

[Colonel_Klinck]

They are still arguing I can't return them and they are exempt from DSR and CCR by quoting their T&C at me. Quote from their email. They seem to believe or are just attempting to use the "Please note.." section as a get out of me being able to return them. 

 

Returns Policy

We do our very best to ensure that our items are accurately described and delivered in a good condition. As such, we really hope that you will be pleased with your purchases from Nebra. However we understand that there may be occasions when you will need to return items to us.

Please note: these terms only apply to orders placed through this website and not to direct or distributor orders placed by other means.

If you change your mind

If you have simply changed your mind about any item ordered and you wish to return it then in line with the Distance Selling Regulations (DSR) and the Consumer Contracts Regulations (CCR) you can do so provided you inform us of your decision within 14 working days of receipt of the order. The items must not be used and must be ‘as new’ when returned to us with all original packaging in-tact such that it is in a saleable condition. Once you’ve informed us that you wish to return goods under the DSR/CCR you have 28 calendar days to do so, at your own expense. Once the item is received, we’ll issue a full refund for the product received and the outward shipping cost.

Please Note - Nebra HNT Hotspot Miners

Due to the nature of the Nebra HNT Helium Hotspot Miners and their custom pre-order status, we are unable to accept any returns. 

[dx100uk]

well you raised a court claim so they'll come unstuck.

 

how did you pay?

 

[Colonel_Klinck]

I paid by PayPal but back in April 2021.

 

They just sent me this when I said I was sending them back. 
 

Quote

Hi craig,

As I’ve already explained we do not take returns on miners and we will not accept a return without an RMA number. If you attempt to return something without this number it will be refused. 

 

Best Wishes, 

Jacqui

 

[dx100uk]

They are not custom made to any specific design details you sent 

 

Dx

[Colonel_Klinck]

Nope. They are mass produced (incredibly slowly as it they took 15 months to arrive) to the same spec for everyone. No option to customise them in any way. 

Edited August 6, 2022 by Colonel_Klinck

[dx100uk]

Not even made in the UK either.

 

Dx