Distance Selling - Consumer Rights

[Ceri JC]

Does anyone know the law with regard to buyer's rights when purchasing goods via distance selling? When I did law (only as a module within another degree) at university, I am sure the lecturer said that if goods arrived and they were faulty/not what you ordered, etc. you were entitled to insist that they send a courier (at their cost) to collect them and refund you, or replace the item. I can't find anything to this effect in the The Consumer Protection (Distance Selling) Regulations, 2000 though.

Essentially, I ordered a PA (very big/powerful speaker system) from an ebay store. I paid for it using a credit card, via their own secure site. After a lot of delays, they finally shipped the PA. It was woefully underpacked and as a result one of the speakers has a big dent in the side and the plug of the powerpack for the mixer is bent (probably possible to bend it back, but why take a chance with something going into the mains?). I signed for it as unchecked. I checked their returns policy and effectively it looks like a massive ball-ache, not to mention cost, to get involved with it. So much so, that I'd probably rather live with the damaged goods. But why should I have to?

Normally I'm prepared to just go along with a company's returns policy. In this instance, however, I'm not because:

a) They messed me about when I was actually buying it in the first place (long delays, taking payment long before shipping, etc.), so I have no reason to believe the refund/replacement will be swift in coming.

b) Due to the size/weight of it, the cost of shipping is going to be a lot (I estimate about £50) again, judging by how slow they were with the initial order, I suspect they will drag their feet with this.

c) Their returns policy says that if they think the damage was caused by me, then I will have to pay for the shipping not only to them, but back to me again (to recieve the damaged goods), so we're looking at £100. This is at their discretion (according to their policy). No real reason to believe they'd be funny about this, other than their less than perfect behaviour so far.

d) The PA is still useable (albeit it's a great deal more fragile and I don't want to take it out of the house in the current state) and I don't want to not have the use of it for a long time whilst they faff about.

To compound it all, I bought it going halves with a mate who also uses it, so (although he is being completely cool about it) I feel like I'm letting him down if I don't get it sorted quickly.

Any advise?

TIA.

[ASM-Forever]

I had similar with a CPU i ordered online....damaged in the post. They said they would send replacement parts i could fit myself but it would Void the warranty. Or i could return it to them, paying P&P myself and they would refund less P&P.

In the end i settled on cutting my losses and returning it to them, as if there after sales service is that bad, then the warranty is worth nothing. For £30 i would rather not have the hassle...but yeh like you said its bloody annoying!

You bought on ebay so take their feedback hostage. In general you will usually get a better response if you give them a call, people tend to fob you off via email. It might be worth negotiating a discount if it is damaged but useable.

Good luck either way.

[Ceri JC]

In general you will usually get a better response if you give them a call, people tend to fob you off via email. It might be worth negotiating a discount if it is damaged but useable.

Good luck either way.

Ta for the advise. Germans though (even though item was in the UK/shipped from the UK), so phone means going through my gf's mother. :)

[Spiderman]

also dont forget that if you pay by credit card its quite possibly insured against damage by them. Give them a call but dont tell them you have an issue but that a friend mentioned this and you thought you'd check it out to see what its all about.
Pump them for the info, then get them to sort out from their end.

I think technicaly the goods belong to them till you settle your bill so its their problem hence they have to throw their weight around.

Visa services were even hepful enough when i was annoyed at having to wait 10 days for a refund for a faulty item that i'd bought that morning. It was from Argos and when i took it back they had no others in stock but my local Argos did. So i asked for my money back and i'd pick it up on my way home. thats when they said "It takes 10 days for a refund to your debit card" ok it wasnt a lot of money but its live money out my account. i didnt make them wait 10 days for the funds so why should i have to give their company more of my money??

Visa services said they "understand where i am coming from but these big companies have their own policies you see." until i politely explain that thei policies are not laws and the law states that if they took my money for goods - got their goods back i should get my money back. i made such a fuss the lady at Visa services caved in and said "OK we as Visa will refund you right now and wait for the money from Argos"
Its the principle at the end of the day. :D

errrm, hope some if that rambling helped. ;)

[Biker Biggles]

I would contact them and see what their response is,and if you don't like it get in touch with the credit card company who can take up the matter on your behalf.

[Ceri JC]

I've just emailed them chasing them (I've already explained I'm not happy with their returns policy/that the goods are damaged). No response to either email yet...