Returning online order issue. items from Just BB Guns - both not what i want or faulty - within 14 days.

[Goodday]

Hello all and thanks again,

This is an update from my bank.

“Update on your payment refund

We just wanted to let you know that we're temporarily refunding the payment(s) that you made to JUST BB GUNS for the amount of £381.98 while we investigate further. This will show as a refund on your next statement.

What happens next

JUST BB GUNS may give more details about the disputed payment(s). This could lead to the temporary refund(s) paid to your account being reversed. We may need to contact you again at a later date should we require any further information.

If you do not hear from us by 14/05/2024, the refund will remain in your account.”

Now is this the time I should return the item? 
I’m worried if I hold it I would then be seen as a thief?

But if I do return it, they could say their policy or whatever and then I could lose the temporary refund. 

Again thanks for the help and advice.

 

[BankFodder]

I suggest that you write to them:
 

Quote

Dear XXX

Reference XXX/purchase reference XXX invoice – item – whatever is

I'm letting you know that as you have ignored my request to return the above item under the cooling off rules contained in the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, I have now filed a chargeback request to my bank and I have heard from them now that it has been paid into my account.

This means that I have been refunded for the above item and I expect that the bank has recovered the money from yourselves.
The item is still in my possession and I am anxious to return it to you and am still waiting to hear from you precisely what arrangements you want to make to facilitate the return.

I would point out to you that the information that you supply in your terms and conditions and in which you state that I have a seven days cooling off period is incorrect and does not comply with the 2013 regulations.
You should be aware that the cooling off period begins with the 14 days commencing from the date of delivery and also the date that you inform me quickly as to my cooling off rights under the above statutory regulations.

Clearly you have not done this so in fact the 14 days cooling off period has not even started yet.

I suggest you make immediate arrangements to recover your property from me. I'm happy to cooperate by making sure that it is properly wrapped and also taking it to a suitable post office et cetera but if you want any special delivery or insured options then you will have to let me know and you also have to pay the cost of this.
Please let me know by what means you wish me to return the item.

I would put you on notice that if you make any attempt to challenge the chargeback refund which I have received then my next step will be to sue you in the County Court for the full refund plus interest plus costs.

Signed

 

I suggest that you send the above letter by some kind of recorded or registered post.

When you send the item back, make sure it is absolutely according to their instructions and you have a very firm proof that you have sent it off. But wait for them to designate the courier or postal method.

[Goodday]

Thanks very much Bankfodder!

very well written!

I will try and get that printed and signed and posted tomorrow, should I try to email them a copy?
as they have been replying before hand. 
 

Thanks again!

[BankFodder]

Yes, email as well but refer to the letter which has been posted

[Goodday]

Hello all,

They got back to me with this.

”I checked the email conversation and the video you shared about the issue.

But according to our technical support team, its not a manufacturing fault. As it is normal in this product.

Attached is the free returns label, if you still not happy with the product then you may return it back to us in the same condition we sold to you. If it will be in the same condition then definitely we will process full refund for the item.

If you already claimed through the court for money back and want to continue with that then its fine. we are happy to deal accordingly as well. 

Just to make sure that at the moment it is with you, not with us and without having the product back we can't justify the exact issue. 

If you got money already from the bank then it doesn't mean it will stay with you. because once we respond back to the bank and if it will be in our favour then bank will withdraw money from your account. 

So again I feel I’m in limbo. 
They are still saying in the condition I got it sent to me in.

Which is unused as it’s been out the box maybe 15-20 mins at most.  
And been back in the box wrapped ready to go.

[BankFodder]

Where is the item now?

If it is still with you then I suggest that you make arrangements to return it. I suggest that you do it by some secure signed for method – fully tracked.

You will incur a charge for this. We will help you get back – but you may end up having to write it off as it will be a relatively small sum.

I think you need to get rid of the thing now because you have been refunded by the bank.

I suggest that you send it is suggested above accompanied by a letter:

 

Quote

Dear X X X

Reference number X X X

I'm returning your X X X item as I have now received a chargeback refund from my bank.

I'm returning the item unused and precisely in the condition in which you sent it to me.

I have complained to you that it is faulty but you have said that the loose barrel et cetera are in fact intended to be there.

I believe the gun is faulty but I'm returning it under the 14 day cooling off rules contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
On the basis that the gun is faulty, I am also returning it is a defective items. I have already informed you that it was defective well 30 days of its delivery to me.
You have declined to accept this. You have apparently also declined to accept that I have a right to return under the cooling off period.

For your information – as I have already pointed out in previous correspondence, your terms and conditions state that there is a seven-day cooling off period. This is wrong. And because of this you invalidate the cooling off period rules completely because it is clear that the cooling off period only begins from the date that you inform your customers as to the correct regulations concerning the return of items.
The 2013 regulations provide that the cooling off period for this kind of purchase is 14 days.

By sending this item to you, I would have incurred a delivery charge. If you try to cause any trouble for me you can be certain that this will end up in a court case which you will lose. You can also be certain that I will counterclaim for the delivery charge which at the moment is so small that it is scarcely worth my while bothering about.

I suggest that you have a close look at the way you handle your customers and also the quality of the items that you send out.

Yours sincerely

Signed

if you're happy with this letter – check it for typos and anything to understand because I dictate everything and I haven't proofread it properly.

If you're happy with this letter then sent the item off with a copy of this letter inside the package and then send a copy of the letter separately by email.

It is essential that you sent this by a tracked and signed for method, to their proper address – not a box number so you have a record of it being sent and a record of the delivery.

I suggest that you probably use Royal mail. Don't use EVRi.

Please let us know what you're doing

[Goodday]

Hello,

Im thinking of using DPD as they can also pick it up at the door and delivery for less than £10. 
 

on their website it states that if it they have the item for a certain amount of days, it is then legally theirs. 
 

and if I want it back within those days I have to then pay again for delivery. 
 

What happens if I sent it back, the bank doesn’t side with me and they end taking the money back off me, and the company ends up with both?

And to add to the issue, I have checked with a reviewer of Airsoft products, and asked if he has seen this issue or if it’s a feature.

He has told me his is all solid and he has had his for a few years.

so they are either lying, or have a batch of defects. 

And the item won’t be sent back in the same condition as some parts the finish has worn off when I was inspecting it, which is another thing I was shocked about it must be a very poor finish. 
magazine it was out the box for 20 minutes at the most. 

I could also send that letter as email with a the tracking number to them.

 

many thanks again!

Edited March 6 by Goodday

[dx100uk]

On 04/03/2024 at 15:35, BankFodder said:

I suggest that you probably use Royal mail. Don't use EVRi.

 

[Goodday]

Here is my edited version of the letter.

just to see what you guys think! 
 

“Dear Prab,

Reference /order number 313688

I'm returning your WE G3 item as I have now received a chargeback refund from my bank.

I'm returning the item unused and boxed. 

I have complained to you that it is faulty but you have said that the loose barrel et cetera are in fact intended to be there.

I have checked with a airsoft review who has the same item and is at least a year older, has been used in skirmishes and his product is still solid No wobbling in the barrel.

So either you are lying (as I never received any video evidence.) or you have a batch of defects.

I believe the gun is faulty but I'm returning it under the 14 day cooling off rules contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
On the basis that the gun is faulty, I am also returning it is a defective items. I have already informed you that it was defective well 30 days of its delivery to me.
You have declined to accept this. You have apparently also declined to accept that I have a right to return under the cooling off period.

For your information – as I have already pointed out in previous correspondence, your terms and conditions state that there is a seven-day cooling off period. This is wrong. And because of this you invalidate the cooling off period rules completely because it is clear that the cooling offperiod only begins from the date that you inform your customers as to the correct regulations concerning the return of items.
The 2013 regulations provide that the cooling off period for this kind of purchase is 14 days.

By sending this item to you, I would have incurred a delivery charge. If you try to cause any trouble for me you can be certain that this will end up in a court case which you will lose. You can also be certain that I will counterclaim for the delivery charge which at the moment is so small that it is scarcely worth my while bothering about.

I suggest that you have a close look at the way you handle your customers and also the quality of the items that you send out.

Yours sincerely”

 

 

again I really appreciate your folks time, I’m pretty worried about this! 
Im now hoping I could get other products returned or sorted out which before I didn’t know about these rights and laws.

it’s also because I don’t like causing a fuss. 

 

With DPD it cost just over £10 now with the right weight.

but to fully protect the items it will cost over £30. 
 

should I pay the £30 to protect the items? 

Edited March 6 by Goodday

[lolerz]

No Need.

Read the article linked in the banner at the top of the website or many parcel company threads here.

[jk2054]

You haven't got a refund from your bank. Please don't make that mistake

[Goodday]

It is a temporary refund, but it could get removed if the bank doesn’t side with me.

now also looking at some of the delivery services parcel force is cheaper (and try at who delivered it to me.)

but they won’t cover the item for protection. 
 

the banner won’t open for me.

Edited March 6 by Goodday

[dx100uk]

you get automictic ins with them which varies depending upon the size/method used.

2nd class is good enough.

[Goodday]

Will I bother to fill out their (just BB.) returns form of just send with the letter? 
It looks like I will need to go to the post office to send it just to the item unfortunately.

it’s also more expensive for that method to for some reason.

[dx100uk]

eh?

your post does not make sense...

 

[Goodday]

They have a returns forum on their website, I was just wonder if I should bother to fill it out and send it to them? 
 

My main concern is they keep saying they want it back in the condition they sent it to me.

I haven’t used it, but when checking the item it’s mechanism and such some of the finish has worn off on these parts. 
make so me that’s pretty bad if the finish was that delicate.
 

I return it and they may say it’s not in the condition it was sent to me. so I will either to pay to have it sent back to me.

And still worried the bank may side with them. 
 

also now rechecking their last email they sent a returns label (so credit to them, it doesn’t say there is an expiry date on it so I’m hoping it will work when I go and return it.)

Not sure if it will cost me still or if the fee is covered.

 

just want to confirm these last few things, and I’ll will have it dropped off at the post office tomorrow.

or maybe even today.

 

Thanks again!

Edited March 6 by Goodday

[dx100uk]

then use their label then! and put in a copy of their claims form too.

is it royal mail too then?

dx

[Nicky Boy]

If it is royal mail, make sure you get proof of posting...

[Goodday]

Yeah Royal Mail 48.

I didn’t see it the first time I read it due to being out at work and not having a good connection. 
 

got it printed out, they didn’t say in the email I had to fill out the return form or sent it. 
 

Do you think the fact some of the finish has worn off they will reject it or it will be an issue of returning it?

this is from their site,

”If your returned item is NOT found to be faulty or is not in ‘as new’ condition, and once we have informed you we will not refund, replace or give store credit, you have 60 days in which to make arrangements to collect or pay for postage before the item becomes legally the property of Just BB Guns.”

so they could end up with the item and money.

they said they will check it and if it is returned in the exact condition it was sent to me, they will refund it.

and are happy to go through the courts, or will respond to the bank.

I feel they will say the finish it off the product and will use that as an excuse not to accept it.

Edited March 6 by Goodday

[Goodday]

I will ask for a receipt and photograph it,

thanks for the heads up! 

[BankFodder]

Just to come in here, send it back using all of their returns mechanisms so that they are engaged in it and libel for its return..

If they start querying and protesting then you should ignore them but if there then becomes an issue with the money and the bank refunds them, you should begin a claim against them with our help.

Lots of photos of everything including the parcel that you send back

[Goodday]

Thanks again,

got it all packaged up with their return label stuck on it.

5 to 5 pm the post office in my area will either be shut or won’t be picking up post until tomorrow anyway, will drop it off tomorrow.

Im not going to lie I’m very nervous as this is the first time I’ve done this and didn’t expect it to be so difficult. 

I really honestly think they will say about the finish, reject it and expect me to pay for its delivery back to me. 

I may also including in the letter that the finish was not to good standard so wouldn’t not last for the products intended use. (Just to cover me a bit.) 

but not sure if that’s a good idea?

Thanks so much again!

edit; photographed the package and the return label.

Just to ease my mind, your consumer rights allows you to inspect/ check the function of items to see how they are? 
So even if I did use it wouldn’t I be allow to return it if I felt it wasn’t up to scratch? 

should I maybe also write something like that in the letter and telling them their private policy does not over rise the law?

Edited March 6 by Goodday

[dx100uk]

stop adding things that simply invites silly letter tennis.

fill their form out put it in the package, not fit for purpose under consumer law.

simple as that.

do ensure you get free proof of posting at the po counter.

dx

[Goodday]

The issue with their returns form it wants you to fit into their goal posts so if I sign it won’t they be able to use it against me as an agreement of sorts?

 

”

 PRODUCT RETURNS FORM
This form must be completed and returned with your item. You should only send via tracked delivery to our office address shown on this form.
   Date:
   Customer Name:
   Order Number:
  Order Date:
 Received Date:
     Product Name:
 If you believe the product to be faulty, please give a description of the problem:
    Please Note: All products must be returned in their original packaging and complete with everything as it was originally sold to you.

What would you like to happen next (TICK ANYONE):
● I would like a full refund (unopened and unused (within 7 days)
● I would like the same product as a replacement (within 28 days)
● I would like a different product as a replacement (within 28 days)
● I would like you to repair my product as per your terms & conditions. ●
For more information about returns and what we can do for you please see:
https://www.justbbguns.co.uk/returns
I am contactable by: Phone Number:
Email:
I sign this document to confirm that I have not misused this product, nor have I used inferior BB pellets or reused any BB pellets at any time. I also confirm that I have not taken the item apart to attempt to fix it myself or changed its appearance in colour or accessories and upgrades. I accept that if the fault has been caused by misuse my warranty is void.
I also confirm that if no fault is found in the product, then I will bear the shipping cost to get the items back as per the terms and conditions on the website.
            Signed:
Date:
  Please note: your product may not be at fault, and it may just be a simple user error. It is worth dropping us an email to our support system before you send the item back to us. Please email [email protected] with your issue and let's see if we can get you back up and running as fast as possible.
Returns Address for Just BB Guns UK:
Just BB Guns, Trimex House, Pier Road, Feltham, TW14 0TW”

I have printed it out and filled it out.

in the description I have put the issue, confirm with other sources this is not how the product is suppose to be.

so it’s not fit u see consumer law.

 

hope that all sounds good!

Edited March 7 by Goodday

[jk2054]

Your message is quite confusing.

But, just tick refund option and fill the rest in.

Omit as many contact details as possible, only fill what's required.