Distance selling

[fbiiburton]

Hi everyone my first post on here :D and Thread.


Ok here goes i purchased some doors for an old classic vw camper on the 8th of December. They was delivered a week later to my parents address where some one was in . When i took them out the packaging they was damaged badly. I contacted the seller who is a trader on the net and he is now sorting it out with parcel force. Trouble is im stuck with no doors for my camper . Question is can i ask for a refund he as said quote

"As I said before we can only work as quickly as Parcel Force and as you are in posession of the doors we can't issue you a refund until it is sorted and unfortunately they will want to see the doors at the delivery address so we can't even take them back and settle it now."


Is this true i wanted to use the van over christmas and with no doors on i cant and also im having problems with keeping the inside dry . Where do i stand in the way of my rights. Thanks in advance

[cjd]

No you have a right of full refund regardless of what the seller feels he needs to do. See:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

[Chris Ashdown]

if you brought from a e-commerce site or catalogue, then under the DSR you have 14 days to write and cancel the order from the delivery date, you don't even have to send them back, but if you don't, then you do have a requirement to look after the goods in a safe and carefull manner

If yo brought from a auction site they have I believe different requirements

[streetslocal]

But they do not have to refund until they have the goods back.
You could return them on a signed for basis with compensation incase they get lost:cool:
They can not refuse a refund if they have them back in stock and neither can they charge restocking fees.

[AndyP]

Actually they cannot refuse to refund even if they do not have them back - that is legally the sellers problem not the buyers....in fairness most buyers are reasonable about this sort of thing but legally they are under obligation to be.

And as far as what Parcelforce may or may not require that is not the buyers problem and frankly just sounds like bull as they certainly don't go around physically viewing damaged items....its an insurance claim, simple as that...OP, your seller is stalling. Tell the seller that the doors are available for collection at his convenience but that you require your refund now.

[streetslocal]

Sorry silly me:

I mean to add that they can have upto 30 days to refund to that.

The comapny are legally allowed 30 days to refund under the DSR.

Out of curiousity were the doors sent in a plain colour or painted to match the van?

[fbiiburton]

No these doors was not painted they are second hand doors from a trader down south im from the midlands. They dont make new ones anymore these was imported from the usa so are rust free. What do you mean by e-commerce? The company has a website . Basically they buy and sell campers and old classic parts. Am i still covered in the distant selling act. I did have a read but got confused. Thanks again guys for all your advice and help top top forum . Andy

[cjd]

If you bought the doors from a website or catalogue without viewing them in person, you are covered by the DSR. (So long as you were acting as a consumer not a business).

You are able to cancel the order for any and no reason at all so long as you notify the seller within 14 days IN WRITING (email will do).

It doesn't matter what the seller feels he needs to do with Parcelforce, he must refund you and its his responsibility to recover the goods.

[sysops]

You are able to cancel the order for any and no reason at all so long as you notify the seller within 14 days IN WRITING (email will do).

7 working days.

[streetslocal]

7 working days.

Correct....

[cjd]

yes, 7 - sorry.

However, I'm betting that the seller didn't tell the buyer what his cacellation rights are anyway, in which case the buyer has 3 months and 7 days to cancel. (or 7 days from the time that the seller finally wakes up and does tell him).

[streetslocal]

Sorry i didnt read in full...

So ayway he has 30 days under the DSR and with that he still has time.
Call him today and ask what the exact plan of action is and do so in a civil manor and if he says its with parcel force to come back to you ask for the refrence number and give them a call yourself and see what they intend to do.

[fbiiburton]

Ok these dors was picked up from him by parcel force the 8th of december they was dropped off to me 48 hours later. This is the latest email i have had from him. What do you think do i take things in good faith or bring up dsr??? here is the email



We won't have the claim ref number until we have the letter from them when they start to process the claim. As I said I will hastle them each day this week and hopefully they will give the the ref before the letter arrives and we can all hastle them.

All we have to go on at the moment is the parcel tracking number which you have. The person on the phone had to go away and check a different list as she couldn't give me an answer straight away on her system.

As I said before we can only work as quickly as Parcel Force and as you are in posession of the doors we can't issue you a refund until it is sorted and unfortunately they will want to see the doors at the delivery address so we can't even take them back and settle it now.

Please be patient we are doing all we can, we will get there!!

and if i go down the dsr route what do i quote? Thanks again guys

[cjd]

Not your problem.

Send him a copy of the DSR and notify him that you are formally cancelling your order and require a full refund.

[flyingfish]

first, we should consider the cost to built a new web and to employ specialists to be in charge of the promotion. It is also a thing that needs a long time to obtain a good result. IS there a better way to make known your company and products?

[fbiiburton]

first, we should consider the cost to built a new web and to employ specialists to be in charge of the promotion. It is also a thing that needs a long time to obtain a good result. IS there a better way to make known your company and products?



What you on about mate :|

[fbiiburton]

Ok gonna give him till monday then see whats happening then ask for my money back. Didnt want to go this way, i try and see it from both sides but i think im gonna have to. Ill keep you all posted and thankyou very much for the expert advice. :D

[MH1]

as far as what Parcelforce may or may not require that is not the buyers problem and frankly just sounds like bull as they certainly don't go around physically viewing damaged items....its an insurance claim, simple as that...OP, your seller is stalling.

To be fair to the seller Parcelforce and other carriers often do inspect the damaged goods, but as mentioned that is their problem, so he not necessarily mucking you around.

I would request a replacement set or a refund whichever is your preference, with a promise to co-operate with any investigation to help them claim on their insurance, which is all they can expect from you.

[sysops]

One other point - do we know that this is definitely a business seller? Someone selling a few car parts is not necessarily a business.

[fbiiburton]

One other point - do we know that this is definitely a business seller? Someone selling a few car parts is not necessarily a business.


Yeah it is a business. I sent him an email tonight asking for a full refund because ive still not had any information back regarding it being sorted. It was something i didnt want to do because im not that sort of person. Ive been in the vw scene for over 20years and have never had a bad word said about me regarding doing business with . I had a reply ,to me wanting a full refund. What do you think guys?



Hi Andy,

I understand your frustration but we have been trying as I said I was in contact with Parcel Force last week as they promised me information by the end of last week, this didn't arrive I have since been in touch and am not getting very far very quickly.

The doors you had were the last of the doors for that year bus. I will talk to my partner regarding a refund or partial refund until the dispute with Parcel Force is resolved. I hope you understand that If we issue you a full refund you could quite easily refuse parcel force entry to examine the goods and that will leave us out of pocket and as we are a small and relatively new business we cannot afford to lose that amount of cash/stock at this time.

I will discuss with my partner any way and get back to you this evening.

[sysops]

Yeah it is a business. I sent him an email tonight asking for a full refund because ive still not had any information back regarding it being sorted. It was something i didnt want to do because im not that sort of person. Ive been in the vw scene for over 20years and have never had a bad word said about me regarding doing business with . I had a reply ,to me wanting a full refund. What do you think guys?


It's a tricky one. On the one hand, you are legally entitled to a refund. On the other, he is trying to be helpful. Your call really.

One thing to consider - while you are legally entitled to a refund now, think about what you would do if he told you to bugger off. You'd have to file a small claims court claim. Not a lot of fun, and something I would personally avoid.

[cjd]

I think you should tell him nicely that you fully understand his position and that you will of course allow him or Parcelforce access to anything he wants but that you are entitled to a full refund under the DSRs. Show him the relevant paragraph.

Might be best to call him and be super reasonable but insistant. He probably doesn't know that you have a right to cancel the order regardless.

[fbiiburton]

It's a tricky one. On the one hand, you are legally entitled to a refund. On the other, he is trying to be helpful. Your call really.

One thing to consider - while you are legally entitled to a refund now, think about what you would do if he told you to bugger off. You'd have to file a small claims court claim. Not a lot of fun, and something I would personally avoid.


yeah my thoughts thats why im not demanding and dont wanna go down the route of bad mouthing and causing him problems . Thats not me but sometimes being backed into a corner dont help im out of pocket too and without doors . Very frustrated

[Chris Ashdown]

I would take a number of photo's of the damage and forward to the supplier

I would also ask him to arrange for Parcelforce to collect in the next two days

WE are a customer of Parcelforce and always found them efficient and quick to respond so if there is a problem going through the supplier go direct to your local parcelforce depot and tell them the whole story, dont forget to take the number off the label they will need it