Returned Tyre purchase

[AnimalMagic]

I purchased some tyres from mytyres.co.uk - Tyres for PASSENGER CARs cheap, bargains, look + save to be delivered to an independent tyre fitter, who is listed and recommended on their site. Mytyres claim a no risk 30 day money back guarantee. The fitter was very vague about when he could fit them and kept promising to call me back, but didn't. I therefore involked the 30 day money back guarantee. Mytyres have deducted nearly £50 for carriage out of a total cost on £140. Hardly risk free!

 

I have copied their terms and conditions and discovered this buried in the website:

 

4 Legal consequences of the revocation

In case of a valid revocation, the supplies/payments received by both parties will be given back, and the possible obtained benefits (e.g. interests) will be submitted. In case you cannot give us back, partially or totally, or only in a worsen state, the received supplies, you will have, if it case, to compensate the respective value to us. In case of goods transfer, it does not apply if the depreciation of the object can be exclusively explained of its checking – as you had the possibility to do it in a shop. Otherwise, you will be able to avoid value compensation using the respective good as a good owner and giving up everything that could affect its value. Both the goods that can be sent by package, and the objects that cannot be packed can be taken from you. You will bear the return shipment expenses in case the delivery corresponds to your order and the price of the good that must be sent back does not surpass the amount of 40 Euro.

 

- End of the instructions regarding the revocation -

 

 

§ 5 Our restitution tender in 30 days term

 

We desire that you are content of all our deliveries. This is why you can give back, in 30 days term, any item bought from us. This agreement surpasses the legal conditions providing that you are entitled to revocation only in two weeks terms from the articles receipt. Our restitution tender in 30 days term makes an exception, and for a legal possibility of revocation according to § 312b BGB (/German Civil Code), the article deliveries made according to the customer’s specification. There are included here, among others, the delivery of complete wheels that we made individually for each customer.

 

Our restitution tender does not also include the shipment expenses. This means that, in case of contracts with consumers which are to be revoked after the legal revocation term expiry (between the 15th and the 30th day), a forfeit (lump sum) amount is to be charged of shipment expenses. Generally, the enterprisers bear themselves the shipment expenses. Other information, especially those regarding the shipment expenses and our restitution tender in 30 days term, can be found in the respective Internet portal.

 

Please use our transport packing. Protect the articles against the damages. The tires will be prepared for shipment after having been cleaned and will be tied two by two. Moreover the complete wheels will have to be protected in the frontal and posterior part with a sufficient amount of cardboard and band for packages. In case of damages caused by incorrect handling or by deficit packing when returning, we are entitled to request recovery of damages. The transport companies will take only sufficiently packed articles.

 

If I interperate the bit in blue correctly, if the tyres are returned within 15 days, then there is no shipping charge? The order was cancelled 10 days after placing it. Anyone care to comment? Any care to comment on how these terms would be interpreted in an English court?

[PKea]

Did you put it in writing to them, as stated in their T&Cs

 

§ 3 Instructions concerning the revocation

You it can revoke, in two weeks term, the contract statement that you made, without mentioning the reasons, in text form (for example fax, email). The term runs more early beginning with the date of the articles receipt. In order to frame in the revocation term, it is enough to send on time the revocation or the goods.

[AnimalMagic]

Yes, it was done by email.

[blacksheep1979]

then you are rejecting it more under the distance selling regs than their 30 day guarantee, so should be able to claim back the postage (unless they state anywhere that you have to pay return carriage)

[Peterbard]

Hi

This sounds to me like it has been very badly translated from a German or contintal document. like Pkea said i would have a liook at the distance selling regulations they are on the web.

 

Peter

[AnimalMagic]

Yes it is a poor translation from German. That is why I am asking for help in understanding the bit in blue... I have looked at the distance selling regulations and they appear to have breached it's requirements i.e. not defining clearly the cost of returning the goods.

 

Does anyone think it reasonable to charge given their 'no risk' guarantee?

[blacksheep1979]

guarantee is in addition to DSR - can't exceed or nullify any part of it.

[Zamzara]

How long after receiving the goods was the order cancelled?

[AnimalMagic]

The order was cancelled 10 days (elapsed) after placing it.

[AnimalMagic]

I have just had an email confirming that they will refund the whole amount. Case closed!