help with legal returns policy

  De Nada 10:13 20 Oct 10
Locked

Yesterday i took delivery of a cube247 base unit,keyboard+mouse and a TP-LINK,when i opened the keyboard it was in pieces,it was snapped in half and a lot of the functions keys were displaced, one end of the box had been taped up with sticky tape which read resealed by national distribution centre,the driver knocked on the door as i was about to go for my grandchildren,i signed for the goods,put them behind the door,when i returned, i opened the package and that was what came out,i telephoned them right away and explained the situation,the chap said he would arrange for it to be picked up today, inspect it and send out a replacement when completed,i setup base(perfectly fine)i telephoned them again this morning asking if i could also return the TP-LINK (i purchased this in error)i thought it would be needed for my wife"s laptop but it wasn"t, (not too savvy on hardware)i asked them if they could cancel both and send me a better keyboard+mouse,i was informed that they would credit the keyboard+mouse but refused to accept the link as it was part of the order, this is where i could use some advice,is there anything i can do,sorry for long winded thread,thanks very much.

  HondaMan 11:38 20 Oct 10

There are plenty of threads about returning goods, broken or otherwise. Try searching the forums and also try Consumer Direct

HM

  De Nada 12:58 20 Oct 10

Ok thanks.

  De Nada 16:35 20 Oct 10

Emailed cube247,they replied, as a good will gesture a refund will be made with regards to the keyboard,but they cannot refund the wireless item as it is part of the order, advice please as to what to do next,thanks.

  HondaMan 16:54 20 Oct 10

Under Distance Selling Regs, look it up, you have 7 days to cancel an order (extract: the consumer has a cooling-off period of seven working days.). You may have to cancel the whole thing and start again.

  spuds 18:50 20 Oct 10

The keyboard is a simple job of a replacement or refund because it arrived broken. On this occasion the seller as accepted your word for it,in future I would suggest that you inspect items or at least the box for damage, and make a remark on the couriers document or delivery machine. A simple 'Damaged' or 'Unchecked' may suffice.

The TP-Link might be another problem. If it was purchased as an individual item and not part of a package, then the DSR would apply and you can cancel that individual item, but you might have to pay the return postage, depending on the sellers goodwill.

For further help and advice, you could try Consumer Direct click here

  De Nada 19:34 20 Oct 10

I telephoned cube again and i spoke to a different person,i explained my situation again he could not deal with the matter but would ask someone who could to ring me back,that was at 5-30 this evening,will se what tomorrow brings,i will check goods in the future,thanks again.

  De Nada 12:41 22 Oct 10

I emailed cube again this morning and it looks like i will have to return the whole system,they are adamant they will not refund me for the TP,£19-99,reason given.they are unable to part credit orders,is this correct?.

  spuds 13:10 22 Oct 10

Looks like one of those 'could get sticky' situations, and I would again suggest that you contact Consumer Direct for the correct answer.

In my opinion, if the TP had been invoiced and priced separately then I would see no reason as to why a refund cannot be given, possibly under the DSR regulations. If as I suggested earlier, the whole order was a packaged deal with just a final invoice price, then that might have placed a problem in accounting procedures. This could have perhaps been easy to overcome, but it would depend on the company and their policy.

If you have to return all the items under a package deal, due to faulty components (keyboard), then the company would be responsible for 'all' postal/courier charges, and a 'full' refund should be provided. The company may provide their own courier to collect, some do with a returns confirmation note.In this case you have a faulty item and a 'want refund' item, so the company might insist that the faulty item doesn't count, something that I would argue about, if it goes that far, because transport costs can be very high if arranged by an individual.

Note that if a refund is given, then the company might hold on to the refund for thirty days within consumer law. So buying a quick replacement from another retailer might be out of the immediate question if finances are tight.

You can only see what occurs, and perhaps hope that everything turns out well.As the company informed you as to how they want the items returned?.

  De Nada 13:30 22 Oct 10

they are saying that they will not accept the item as it was part of one order,i did order three items at the same time,all three were priced seperately,and invoiced as such,i really dont know they are not being helpful,it was ordered in error,its still in its shrink wrapping,thing is the base unit is fine and i would be loathe to send it back,but i will have to if they will not change their minds,i will contact consumer direct,thanks again.

  spuds 13:37 22 Oct 10

Did the company inform you as to how they want the items returned?.

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