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Advice on pixmania



 
 
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  #1  
Old February 17th 08, 09:05 PM posted to uk.comp.vendors
Dan[_12_]
external usenet poster
 
Posts: 1
Default 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,

===============================================


  #2  
Old February 17th 08, 09:23 PM posted to uk.comp.vendors
Palindrome
external usenet poster
 
Posts: 42
Default 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
  #4  
Old February 18th 08, 12:57 PM posted to uk.comp.vendors
Mark[_8_]
external usenet poster
 
Posts: 33
Default 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.
  #5  
Old February 18th 08, 03:39 PM posted to uk.comp.vendors
LSR
external usenet poster
 
Posts: 3
Default 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


  #6  
Old February 18th 08, 07:56 PM posted to uk.comp.vendors
Bruce Stephens
external usenet poster
 
Posts: 14
Default 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?
  #7  
Old February 20th 08, 03:31 PM posted to uk.comp.vendors
Trev
external usenet poster
 
Posts: 43
Default 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.


  #8  
Old February 20th 08, 03:36 PM posted to uk.comp.vendors
Trev
external usenet poster
 
Posts: 43
Default 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.


  #9  
Old February 20th 08, 08:21 PM posted to uk.comp.vendors
Stuart B[_2_]
external usenet poster
 
Posts: 1
Default 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  
Old February 21st 08, 10:14 AM posted to uk.comp.vendors
Mark[_8_]
external usenet poster
 
Posts: 33
Default 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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