Consumer law advice

[tris-]

i did consumer law for only around 3 months in my uni course so im not fully up on the all the details.

basically i bought a sword from a website. when i recieved it i cleaned all the grease off it to check it. i noticed deep scratches, a chip in the blade and it wasnt fitted together propley.
as i cleaned the grease off i promptly applied a coat of sword oil onto it so it doesnt rust.

i emailed the company who i bought it off asking i would like a refund. not only is the sword damaged but its not as advertised. well, their response is that i have destroyed the packaging and used the sword.
firstly i have the packaging including the polythene bag thing, the box and the polystyrene blocks holding it in place during transit.
they refuse to give me a refund because they cant send it back to the manufacturer without the box.

well, i have the box so im not sure how they can call me a liar. i can even take photos of the bastard thing with todays newspaper and send the pictures if they need me to.

i told them if i dont get a refund i shall speak to the credit card company.
well they said to me, and i quote from the email -

"You will not be successful in trying to obtain a refund through your card company, they will tell you this if you let them know you are returning goods having used the item and destroyed the packaging, if you don't tell them this and attempt a chargeback we will inform them and have the chargeback cancelled.

We are happy to replace the sword for you."

like i explained, i havent used it or destroyed the packing. what they are doing here is surely illegal right?

the item wasnt described as being damaged, so off the bat before anything it hasnt been advertised correctly and ive been mislead.

i really dont want to wait till i goto uni to ask the trading standards dudes, someone help me!


i shall name and shame the company already as this is a load of bollocks

its Blades-UK .

 

[Will]

I'm pretty sure you can return it.

 

[tris-]

strange, they have banned me off their forum for no apparent reason aswell.

also the fact the blade is chipped and not constructed correctly i think i can also claim on the fact the goods are unsafe.

bring it on!

 

[Will]

I don't think it would count as unsafe, but it is of unsatisfactory quality. From my reading, you are entitled to either a refund or a replacement. The fact they are offering a refund suggests that they are aware of your rights, but are trying to pressure you into keeping the sword.

A chargeback is your last option, a final port of call, so to speak. Better to resolve it directly. They aren't allowed to use the defense that you have opened to box, thats a load of nonsense.

 

[tris-]

will, they arnt offering a refund. they are point blank refusing and will even lie to the credit card company so they cant charge back.

i will be phoning the consumer help line thingy tomorrow and the credit card company. i have a feeling i wont get anywhere going directly like this. its happend with HMV before and the only way forward was through the credit card company.

 

[Tom]

Go around to their head office, and try to cut the boss's head off with the sword. When it doesn't take his head clean off, he'll believe you when you say its not working properly, and you'll get your money back.

 

[old.Tohtori]

We are happy to replace the sword for you."

What's the f*cking problem here?

Put sword in box, mail it and get refund or new sword.

 

[tris-]

REPLACE THE SWORD

round these parts, replace and refund are two seperate words.

if you cant see the problem, read it again.

 

[old.Tohtori]

REPLACE THE SWORD

round these parts, replace and refund are two seperate words.

if you cant see the problem, read it again.

Ok, ok, can't get arefund. It's usually the case in sold items.

Telling you they'll replace it is a good offer and they could've told you "well, you coated it with stuff etc etc...tough luck"

Box it, send it, get a new sword and be a happy tobe-murderer.

 

[tris-]

well, seen as i have more consumer rights than that why the fuck should i?

cant get refund isnt usualy the case at all, you dont live in england do you? i dont mean it disrespectfully but i understand that you arnt? if what you say is ok for where you live then thats cool.

only where i live it isnt. and that is the problem, i dont agree with rogue trading and the likes.

 

[Chilly]

well you did buy it in the first place so im assuming you want it, so why not just accept the replacement assuming they replacement is in good nick. I agree they are being *****, but it's business and most businesses act the same. Not endorsing it, but thats the way it is, and even if the law says one thing enforcing said law is a completely differen kettle of fish.

 

[tris-]

because i dont want a company like that to have profit from me.

i have always been the same in that if i get damaged goods i will not buy the same thing again from the same place.

according to them i have to pay for postage both ways aswell which isnt really very nice at all. why should i HAVE to do that? i dont, is the answer.

 

[DaGaffer]

Did you contact them within 7 days of receipt of the goods? If so, you are entitled to a refund FOR ANY REASON. The quality of the goods is irrelevant; under Distance Selling you have the right of refund as part of 'cooling off'. You need to point this (and the relevant law) out to them, and then if they still won't have it, sic your local Trading Standards on them.

 

[tris-]

yes i did.

 

[babs]

If they are happy to replace it, the old one would be sent back to the manufacturers anyway. So if they can replace they can sure as hell refund.

 

[Chilly]

I suspect delviery costs are down to the buyer.

 

[tris-]

If they are happy to replace it, the old one would be sent back to the manufacturers anyway. So if they can replace they can sure as hell refund.

which is what i thought initially. but i also thought there would be another reason behind it which i couldnt really understand what.

chilly your missing the whole point of everything i think. these types of laws are, to an extent upto your self to enforce.

if YOU personally dont mind that a business has their dirty way with you then im cool with that. but if i want to enforce my rights then i dont see a problem with it either.

 

[old.user4556]

tris-

I know how you feel, but I can't offer any further advice that hasn't already been mentioned.

I bought a pair of trousers from a factory outlet where the hems fell down after one wash. Due to them being faulty, I knew it was my right to get a refund but the shop point blank refused to give me a refund. They offered replacement or for them to be fixed, but they simply wouldn't budge on giving me a refund (the trousers were shite quality, i didn't want another pair).

I even printed out pages from the DTi website about consumer rights but still they stood there with a smug grin on their faces saying "sorry, we're not giving you a refund - faulty or not - but we'll happily replace them". Sounds like you're having the same problem with a fucktarded company, just over long distance.

In my opinion, these people need petrol thrown over them and a box of matches to play with.

 

[tris-]

im hoping the fact i got the credit card company on my side will help.

it did with HMV, it was after 30 days and nothing arrived and they still wouldnt refund. i phoned the cc company and they said ok no problems, about 3 days the credit will be back.

days later i got forms from HMV asking me to complete this and that. dick heads.

 

[Catsby]

Catsby regularly puts holds on CC orders, especially in situations similar to yours. Catbsy finds the advantage of having VISA on your side is that they are a multi-billion dollar enterprise, and will piss on any shop.

 

[Lazarus]

tris,

Give trading standards a call - they can help you out.

 

[rynnor]

im hoping the fact i got the credit card company on my side will help.

it did with HMV, it was after 30 days and nothing arrived and they still wouldnt refund. i phoned the cc company and they said ok no problems, about 3 days the credit will be back.

days later i got forms from HMV asking me to complete this and that. dick heads.

Aye, Credit Card company will kick ass on your behalf - I'm glad to hear you didn't get fobbed off for a replacement - I always insist on a refund as the most punishing method when I'm sold crap.

Even without a credit card company on your side invoking the spectre of trading standards has always worked for me - know your rights and be stubbornly confident that you are right!

 

[Tom]

Trader I bought my car from were giving me all kinds of crap about getting the spare wheel. 5 weeks of complaining got me nowhere.

One mention of Trading Standards, and the wheel miraculously turned up the following day.

 

[tris-]

they tryed to tell me twice to pay for postage and send it back.

i told the once sorry its not practical for me to return it, please arrange a pick up time with me.

they said no, we cant do that please post it back.

the second time i said i have been speaking to trading standards, now i would like you to arrange a pick up time with me as i told you its not practical for me to send it.

well they said give me a time and day and parcelforce will be there

 

[GDW]

You didnt sign for the transaction nor did you use the a PIN, the credit card company will definately support you