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#Post#: 50969--------------------------------------------------
Consumer Rights Act (2015)
By: Hroogar Date: December 24, 2024, 9:46 am
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Customer bought a kids bike on 18/11 and only just opened it
this morning to find that there is a slight defect in the
paintwork. It’s not quite a chip. He reckons the paint has
delaminated.
Basically, they are made in Thailand and get shipped around the
world and handled many times. This rarely happens though where
damage is reported.
Offered to send him a paint macropen to touch it up it he can
return it unused for full refund.
He said neither solution is satisfactory and wants 10% of the
price (£28.50), paint stick (£15) and a guarantee that the paint
will not deteriorate for 12 months.
At first he asked for £50 plus the paint stick.
It feels like he is trying to hold us to ransom.
He said if we do not agree it with, he will let his child ride
it because he has no other option now and will raise a claim
with his credit card company and get a full refund.
Where do we actually stand legally on this?
Current price is £330 but when he bought we had an offer on at
£285. I know this is academic. I did say to him that if he had
have paid full price we would have offered him £45 back. Like I
say, that’s academic anyway.
Just feels like he is trying to ruin our Xmas.
My huskiness partner doesn’t like the fact that he is making the
demands and the threat to get his CC company involved
automatically costs us £15 or £25 and they will no doubt simply
refund him.
The way he painted it sounded like a veiled threat.
What should we do?
Merry Xmas to one and all.
#Post#: 51062--------------------------------------------------
Re: Consumer Rights Act (2015)
By: sparx Date: December 26, 2024, 11:24 am
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For the first 30 days they can just reject for any faults.
30 days to 6 months the onus is on you to prove the faults did
not exist at time of purchase, presumably you're not disputing
it's a manufacturing defect.
The consumer is entitled to one of the following, at your
discretion, in the first instance:
[list]
[li]Repair[/li]
[li]Replacement[/li]
[li]Full or partial refund*[/li]
[/list]
They are not entitled to refuse the first two options unless it
will cause significant inconvenience, is disproportionate to the
cost of the goods, attempts to repair or replace have failed,
repair or replacement is impossible, or repair/replacement will
take a significantly long time.
HTML https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl
HTML https://www.businesscompanion.inf
o/sites/default/files/CRA-Goods-Guidance-for-Business-Sep-2015.p
df
FWIW: I have claimed through S.75/Chargeback (the card company I
use has the same form for both initially) and they did reach out
to the other company for their side of the story. If you are
complying with the consumer legislation I can't see them siding
with the customer unless you're being unreasonable.
That said, would it cost you more in return postage than the CC
fees?
#Post#: 53895--------------------------------------------------
Re: Consumer Rights Act (2015)
By: Hroogar Date: January 18, 2025, 5:17 am
---------------------------------------------------------
[quote author=sparxy link=topic=4419.msg51062#msg51062
date=1735233883]
For the first 30 days they can just reject for any faults.
30 days to 6 months the onus is on you to prove the faults did
not exist at time of purchase, presumably you're not disputing
it's a manufacturing defect.
The consumer is entitled to one of the following, at your
discretion, in the first instance:
[list]
[li]Repair[/li]
[li]Replacement[/li]
[li]Full or partial refund*[/li]
[/list]
They are not entitled to refuse the first two options unless it
will cause significant inconvenience, is disproportionate to the
cost of the goods, attempts to repair or replace have failed,
repair or replacement is impossible, or repair/replacement will
take a significantly long time.
HTML https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl
HTML https://www.businesscompanion.inf
o/sites/default/files/CRA-Goods-Guidance-for-Business-Sep-2015.p
df
FWIW: I have claimed through S.75/Chargeback (the card company I
use has the same form for both initially) and they did reach out
to the other company for their side of the story. If you are
complying with the consumer legislation I can't see them siding
with the customer unless you're being unreasonable.
That said, would it cost you more in return postage than the CC
fees?
[/quote]
Thank you. In terms of return postage, we have a very good
contract so it would be have far cheaper than the CC fees for
him opening a case up which I think are either £15 or £25. The
fear was he would open a case anyway out of spite. I didn't
particularly like the way he spoke to me given that he had had
over a month to open the item but it was clearly all our fault
for not opening a sealed box and checking it over before it was
sent out. Perhaps that is a lesson for future. Open, inspect,
take photos and re-seal but at the end of the day if the bike
had left us in perfect condition and arrived with damage it
would be of limited use to us in making a claim as ParcelForce
would simply have rejected the claim as it was outside of the 30
days notice period for us to report. A double-edged sword.
They've already failed to pay on claim of £430 for damage
because my partner filled out the form with the wrong details.
I think she used her name instead of me being the signatory.
That was an expensive lesson.
Anyway, it all turned out OK in the end. We offered him a 10%
refund and a touch up paint stick.
Felt helpless when he'd had the bike for so long without
bothering to open it and check it over. He wasn't particularly
the best of communicators it has to be said. Following his
initial barrage and demands and following agreement, it was as
if he hadn't read a word I'd said and started pestering for the
refund and touch up stick before we got back from annual leave
(despite the partial refund having been processed on 26th
December and us not being able to send out the paint until we
arrived back in the country as it needed a specialist paint shop
to mix it up and match the bike colour exactly).
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