Saddle Shop issue

Martin1979

Hi all. Had a horrible experience with <SNIP> saddlery. Bought a saddle package deal and the saddle was supposed to b leather and when it came it was a piece of junk plastic leather and nylon Straps. He said on the phone take it and if there's any problems bring it back and c il give u ur money back. When my girlfriend brought it back she got verbally abussed and would not refund all the money. Then wouldn't answers our phone calls. What should I do? Oh ya it was a ad on done deal and he posted it to us.

slimjimmc

Did the ad say or did he tell you it was leather?

As you bought using distant selling you are entitled to a full refund if you return the saddle within 7 working days from the time you received it. You don't need a reason for return. Shipping costs back to the saddlery are usually your responsibility though.

Regardless of how you bought it, if the saddle was not as described then you are generally entitled to a repair, replacement or refund (negotiate which one between ye). In this case you are entitled to return the saddle at no cost, i.e. the seller pays for return shipping. If you get a refund it must be for the full amount, saddle and shipping.

This is why I ask you was there anything written or said that told you it was leather.

D3PO

I didnt think Done deal was covered under consumer law as your buying form an individual and not a shop ?

as for plastic leather what do you mean ? Leather is leather its either leather or its not leather.

dudara

It depends on whether the saddlery was selling as a business, or selling as a private person. To me it sounds more like the former.

A lot depends on what the ad said, versus what you received. If they don't match, then you have a cause for complaint.

P. Breathnach

dudara wrote: »

It depends on whether the saddlery was selling as a business, or selling as a private person. To me it sounds more like the former.

It is a business, a business that sells saddles; it follows that the sale by them of a saddle is a business sale.

A lot depends on what the ad said, versus what you received. If they don't match, then you have a cause for complaint.

Of course. If they said it was leather, and it is imitation leather, it's an open-and-shut case.

OP, I suggest you write a formal letter making a claim for a refund, and giving them seven working days to deal with it, failing which you propose to initiate legal proceedings.

Then, if necessary: http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/781D7D5227918A618025715C004CAEF3?opendocument&l=en&p=110

D3PO

id suggest the OP link to the ad so we can properly advise them tbh. a lot of conjecture here otherwise

slimjimmc

D3PO wrote: »

id suggest the OP link to the ad so we can properly advise them tbh. a lot of conjecture here otherwise

Indeed.

Perhaps he could also detail the timescales involved.
When did the saddle arrive at the OP's address?
When did the OP lodges his first complaint with the seller?
When did the girlfriend bring the saddle back only to be refused a refund?

Martin1979

slimjimmc wrote: »

Did the ad say or did he tell you it was leather?

As you bought using distant selling you are entitled to a full refund if you return the saddle within 7 working days from the time you received it. You don't need a reason for return. Shipping costs back to the saddlery are usually your responsibility though.

Regardless of how you bought it, if the saddle was not as described then you are generally entitled to a repair, replacement or refund (negotiate which one between ye). In this case you are entitled to return the saddle at no cost, i.e. the seller pays for return shipping. If you get a refund it must be for the full amount, saddle and shipping.

This is why I ask you was there anything written or said that told you it was leather.

Hi, yes the ad said it was leather, he changed the ad since but I took a snap shot on my phone!

Martin1979

D3PO wrote: »

I didnt think Done deal was covered under consumer law as your buying form an individual and not a shop ?

as for plastic leather what do you mean ? Leather is leather its either leather or its not leather.

Just plastic junk, and synthetic cloth and nylon straps to hold on the girth. and I bought it over the phone and got a shop receipt

Martin1979

D3PO wrote: »

id suggest the OP link to the ad so we can properly advise them tbh. a lot of conjecture here otherwise

got the snapshot on her phone will pm it in a day or so. thanks

Martin1979

slimjimmc wrote: »

Indeed.

Perhaps he could also detail the timescales involved.
When did the saddle arrive at the OP's address?
When did the OP lodges his first complaint with the seller?
When did the girlfriend bring the saddle back only to be refused a refund?

saddle arrived on wed, called them monday morning and was told bring it back when you can. fri was the first chance to bring it back he said on phone this was ok

slimjimmc

Martin1979 wrote: »

saddle arrived on wed, called them monday morning and was told bring it back when you can. fri was the first chance to bring it back he said on phone this was ok

I think the easiest way out of this is to use the 7 working day cooling-off period allowed in law (distance selling regulations). If you go down the 'item not as described' route you could be getting into an argument over what was written and who said what.

It's now day 6 out of the cooling-off period so I suggest you contact the seller today or tomorrow and formally cancel the purchase, preferably in writing (keep yourself a copy). You're legally entitled to a full refund of the order price within 30 days.

The law you're invoking is S.I. No. 207/2001 - European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001"

Print off the link below if he thinks you're talking horse$6i7.
http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html

If he still won't budge then you can to go the Small Claims Court, it only costs €25.

Note: if he fails to confirm in writing that the contract is cancelled the cooling-off period is extended to a total of 3 months.