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Advice on pixmania
I bought a scanner from Pixmania
It arrived without a uk plug so i cant use it. i went out and bought my own and the scanner is DOA. I have told pixmania to collect it and refund me but they refused saying i have to pay the return postage. Estimated at £20 Surely i have a case against them?. i have quoted SOGA etc but there reply was: ========================================== We kindly inform you that when items are returned under the thirty day satisfied or money back guarantee, the returns postage is at the customer's account. We apologise for the inconvenience and if you have any further questions, please contact us Best regards, =============================================== |
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Advice on pixmania
Dan wrote:
I bought a scanner from Pixmania It arrived without a uk plug so i cant use it. i went out and bought my own and the scanner is DOA. I have told pixmania to collect it and refund me but they refused saying i have to pay the return postage. Estimated at £20 Surely i have a case against them?. You need to ask on uk legal. IIUC (IANAL) it is illegal to sell this without a fitted plug. You should report them to trading standards for that. Is it possible that it did have a plug but that was it cut off after it was found (possibly by a previous owner) to be defective? I would think that the next thing to do is to write to them ("signed for")at their registered business address, advising them that you have rejected the goods as being faulty, that you require an immediate refund of all monies paid, including carriage and that they are to make arrangements for the collection of their property at their expense, or authorise its disposal. If they haven't completed these actions within 10 working days, you will start court action. But someone at uk legal will advise you of the best wording. These sorts of problems happen frequently, I'm afraid. -- Sue |
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Advice on pixmania
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#4
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Advice on pixmania
On Sun, 17 Feb 2008 20:05:28 -0000, "Dan" wrote:
I bought a scanner from Pixmania It arrived without a uk plug so i cant use it. i went out and bought my own and the scanner is DOA. I have told pixmania to collect it and refund me but they refused saying i have to pay the return postage. Estimated at £20 Surely i have a case against them?. i have quoted SOGA etc but there reply was: ========================================== We kindly inform you that when items are returned under the thirty day satisfied or money back guarantee, the returns postage is at the customer's account. We apologise for the inconvenience and if you have any further questions, please contact us Best regards, =============================================== Tell them you are not returning it under "30 day money back guarantee" but you are rejecting it under the Sale of Goods Act 1979 (as amended). They are responsible for the collection of the goods. If they ask to to return it then they must refund the postage. Send all correspondence by recorded delivery to their registered address. If they are based abroad but trade like a UK company they should abide by UK law, but it might be hard to enforce this. Ask in uk.legal.moderated for a more detailed answer. If you bought the item using credit and it cost over £100 then I would approach the credit company. Under the consumer credit act they could be jointly liable. M. |
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Advice on pixmania
Mark wrote:
.... If they are based abroad but trade like a UK company they should abide by UK law, but it might be hard to enforce this. That raises the broader issue of why Nominet allow .co.uk names to be registered to non-UK persons or companies. I recently bought an expensive camera from a .co.uk website, with a @xxx.co.uk contact email address and prices in pounds. I only realised they were based in the USA when the tracking email arrived; that's why they were so much cheaper. I expected to get stung for import duty and VAT (which would have made the price about the same as "real" UK vendors) but they put "gift" on the parcel and HMRC didn't check. Surely .co.uk names should only be issued to genuine UK traders so UK consumer protection laws apply. -- LSR |
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Advice on pixmania
Mark writes:
[...] Tell them you are not returning it under "30 day money back guarantee" but you are rejecting it under the Sale of Goods Act 1979 (as amended). They are responsible for the collection of the goods. If they ask to to return it then they must refund the postage. Send all correspondence by recorded delivery to their registered address. If they are based abroad but trade like a UK company they should abide by UK law, but it might be hard to enforce this. Ask in uk.legal.moderated for a more detailed answer. If you bought the item using credit and it cost over £100 then I would approach the credit company. Under the consumer credit act they could be jointly liable. Even if they're somehow operating outside our law, they say they'll refund delivery costs if something is faulty (excluding Kitchen and Home Appliances): http://www.pixmania.co.uk/uk/uk/conditions.html#cgv_11. The conditions don't appear to match up with SOGA, though. Pixmania used to have a shop in Putney, IIRC (perhaps "shop" is stretching it, but it was a physical UK presence). I wonder if that changes the legal situation, presuming it still exists? |
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Advice on pixmania
Dan wrote:
I bought a scanner from Pixmania It arrived without a uk plug so i cant use it. i went out and bought my own and the scanner is DOA. I have told pixmania to collect it and refund me but they refused saying i have to pay the return postage. Estimated at £20 Surely i have a case against them?. i have quoted SOGA etc but there reply was: ========================================== We kindly inform you that when items are returned under the thirty day satisfied or money back guarantee, the returns postage is at the customer's account. We apologise for the inconvenience and if you have any further questions, please contact us Best regards, =============================================== They are not coverd by the SOGA as ther not a UK Company although they in turn are owned by one. -- Trev You can always tell a Yorkshire man, But you can't tell him much. |
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Advice on pixmania
Bruce Stephens wrote:
Mark writes: [...] Tell them you are not returning it under "30 day money back guarantee" but you are rejecting it under the Sale of Goods Act 1979 (as amended). They are responsible for the collection of the goods. If they ask to to return it then they must refund the postage. Send all correspondence by recorded delivery to their registered address. If they are based abroad but trade like a UK company they should abide by UK law, but it might be hard to enforce this. Ask in uk.legal.moderated for a more detailed answer. If you bought the item using credit and it cost over £100 then I would approach the credit company. Under the consumer credit act they could be jointly liable. Even if they're somehow operating outside our law, they say they'll refund delivery costs if something is faulty (excluding Kitchen and Home Appliances): http://www.pixmania.co.uk/uk/uk/conditions.html#cgv_11. The conditions don't appear to match up with SOGA, though. Pixmania used to have a shop in Putney, IIRC (perhaps "shop" is stretching it, but it was a physical UK presence). I wonder if that changes the legal situation, presuming it still exists? Under SOGA you have pay return postage/carriage same as you would take it back to the shop. In Most cases the retailer will refund that cost if the goods are faulty. -- Trev You can always tell a Yorkshire man, But you can't tell him much. |
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Advice on pixmania
Trev wrote:
Under SOGA you have pay return postage/carriage same as you would take it back to the shop. In Most cases the retailer will refund that cost if the goods are faulty. Not so old chap read ths soga __ -- Posted via a free Usenet account from http://www.teranews.com |
#10
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Advice on pixmania
On Wed, 20 Feb 2008 19:21:09 +0000, Stuart B
wrote: Trev wrote: Under SOGA you have pay return postage/carriage same as you would take it back to the shop. In Most cases the retailer will refund that cost if the goods are faulty. Not so old chap read ths soga Correct - and you can claim for travel expenses to take back a faulty item to a shop if you make a special journey. M. |
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