Tippex wrote: » I would imagine online stock is from a different stock than the store you bought it in. So they are likely correct in saying ut is a customer services issue. How did they handle it when you brought it to the store?
theteal wrote: » Was the box new and sealed when you collected it? Was is discounted much? How bad is the screen? Item not as described is a clear contravention of your consumer rights. Have you proof that it’s not as described e.g. screen cap, purchase email? As previously mentioned, distance selling rules also come into play.
sightband wrote: » Box appeared to be new but instead of having those strong plastic cable wrapping to secure it, it was crudely wrapped with sellotape. Was discounted from €2199 to €1699...so quite a bit The screen is absolutely destroyed, top to bottom left to right, I can’t even see how they could use it for store display. I have an invoice, email and my online account with the dealer shows the order. No screen grab and the offer is gone now.
davo10 wrote: » Distance selling laws allow you to return it within the timeframe, look on their site for instructions for online returns. Bricks and mortar shops often won't accept online purchase returns, you have to go through website and arrange for collection.
sightband wrote: » Sent me packing, said it was a customer services issue. Wouldn’t take the unit back. Been on to customer services and requested to send an email. Happy to post the dealer if permitted. also happy to post photos of screen, box etc.
Del2005 wrote: » Would the fact the OP collected the item from the company have an impact on this being a distance sale? Since the point of no quibble returns online is you had no opportunity to inspect the item pre purchase.
sightband wrote: » Has the store/dealer not breached any laws, rules or regulations by selling me a used product that was not advertised as such? I’ve no issue with returning a product that was faulty, it happens, that’s life but I spent a lot of money on a heap of broken used junk that was supposedly new.
mdebets wrote: » One thing to be careful of if you return it under distance selling rules is that you are responsible for the shipping costs of returning it, so if you can't bring it back in person, it might be better to return it as faulty (It looks like it in your description) as that means the shop has to pay the shipping costs for it.
....... wrote: » Not if the item is not as described.
mdebets wrote: » What I'm saying, only if you invoke your customer rights, rather than return it under distance selling legislation
micks_address wrote: » Hi Op - when you say screen is destroyed - what do you mean? Its all cracked? Or there's burn in or something?
....... wrote: » It makes no odds - the OP is not required to pay for the return of the product if its not as described or if its faulty. The only way the OP would be liable to pay the returns would be a on change of mind - which is not the case here. Can see why returns postage will apply at all anyway as the OP physically collected the item - it wasnt posted out - so probably not be posted back.
sightband wrote: » micks_address wrote: » Hi Op - when you say screen is destroyed - what do you mean? Its all cracked? Or there's burn in or something? no cracks, or burn...only way i can describe it is that it looks like paint is running down the screen in about ten or so different areas all over. there is also a series of different sized ovals side by side down the bottom left. have no idea how this type of damage could have taken place, potentially people coming into the store and messing with it. I wouldn't be the fussiest of watchers but its totally unwatchable. even if the shop takes it back, its worthless. you wouldn't give €100 for it.
CeilingFly wrote: » No, The transaction was online, doesn't matter whether it was delivered or collected, but the returns / fault process must follow the online procedure which is usually quite simple.
banie01 wrote: » The distance selling regs don't apply, the regs are designed to allow a customer a leeway for purchases where there is no right of inspection. A distance sale entails the entire transaction taking place off premises and the purchase being delivered to them. It allows the customer to refuse the transaction and to refuse delivery. In this instance the customer placed the order online, but collected the item and had opportunity to inspect and refuse the item. Where the order is placed online, but the customer collects in store there is no recourse to distance selling regs. The item would still need to meet to the requisite standards for SOGA re: merchantable quality and so on, but distance selling doesn't apply in this instance. Comes up quite often in issues with click and collect sales. Most companies do just follow distance selling regs, but not obliged to in these instances.
CeilingFly wrote: » I'm selling online for 10 years and member of REI ecommerce forum and this subject comes up regularly and the answer from legal experts is always the same.
banie01 wrote: » Working for a multinational that offers a click and collect service and each and every time this was queried with our legal and regulatory team the info I gave above was what they reverted with. That said on a purely cost and experience basis we dealt with issues as per the regs.
