In need of some consumer law advise

Discussion in 'Lounge' started by dan.1moore1, Mar 15, 2012.

  1. dan.1moore1

    dan.1moore1 Senior Member

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    I orderd a micro light race bike for leigh yesterday .

    £500 bucks and only a few weeks after i bought him a 300 quid BMX from the same online company .

    Problem i have is that the sizing they suggest on the micro bike is way off . Its to small and i need the next size up .

    The box is still safe in work . The bike is at home with me now assembled but not rode , not even air in the tyres yet .


    The problem i fear i will have is that i binned the paper wrapping that was on the frame . I kept the plastic bungs that protect the frame and wheels etc .

    Id say i have 80 % of the inner packaging .


    With out building the bike i would never have known it was to small .

    Where do i stand with sending it back for an exchange ? Can they be funny about it being opened ?
     
  2. bluekontakt2004

    bluekontakt2004 Active Member

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    I would phone them and explain that you ordered the size that they reccomended and that its way too small. As they sugested it it's their cock up i would say. They should exchange it.
     
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  3. Andrew

    Andrew Active Member

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    I've got no idea but I've heard of people being protected by the distance selling law in the past
     
  4. dan.1moore1

    dan.1moore1 Senior Member

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    Yeah thats the route I'm going down . I know in work we have to accept returns with in 14 days but we can charge 20% re stocking fee if open but we have to have a sign up to let customers know . Iv double checked the web site and there is no mention of this so fingers crossed
     
  5. dan.1moore1

    dan.1moore1 Senior Member

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    Now that sounds like a law worth researching before i phone them tomorrow lol
     
  6. Andrew

    Andrew Active Member

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  7. Andrew

    Andrew Active Member

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    Refunds
    On the cancellation of a contract, any sum paid by the consumer must be repaid as soon as possible and, in any case, within 30 days of cancellation. The full price paid for the goods must be refunded and this includes the cost of delivery of the goods to the consumer.

    In certain circumstances the supplier may charge the consumer for the cost of the supplier recovering the goods (e.g. where the consumer fails to return them). To do so, the contract must specify that the consumer is under an obligation to return the goods if he or she cancels the contract and the consumer gets notice of this in advance as part of the written confirmation relating to the right to cancel. The costs cannot be passed on to the consumer where the goods are returned because they are faulty or do not comply with the contract for some other reason.

    Where the supplier wishes to send substitute goods (e.g. where the original goods ordered are not in stock, but similar goods are available), the supplier must have provided for the possibility of sending substitute goods in its contract and in the case of the consumer cancelling the contract and returning the goods, the supplier must bear the cost of such return.
     
  8. dan.1moore1

    dan.1moore1 Senior Member

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    Yeah Boiiiiii


    Under a distance selling contract, a supplier cannot make refunds subject to the goods being returned unopened in their original packaging. One of the principles of the distance selling regulations is to give you a chance to examine the goods at home, not having had a chance to do so in the shop. It would be impossible for you to do this without opening the packaging and trying the product out. Having said this, you will still be under a duty to take reasonable care of the goods while in your possession, and may be subject to certain instructions such as not to wear shoes outdoors, or remove hygiene seals. But you can never be penalised simply because you did not return the goods in their original packaging.
     
  9. SIDEWAYS

    SIDEWAYS Senior Member

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    I don't think you will have a problem mate.I'm sure they will refund or send you the next size up.They need to sell stock,bad publicity is not what they need especially in specialist markets..
     
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  10. Freedom of choice

    Freedom of choice Elite Member

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    Hi Dan. I am not sure but I may know a man that does, I will ask the question. What I do know is that Ling orders shit loads of clothes online, some fit, some don’t. The ones that don’t fit get re packaged and sent back for a refund. Not quite the same think but surly the same principle applies here. We also brought a chicken house on line and once assembled it was much smaller than described. We took it to bits, re packaged and got a full refund.
     
  11. dan.1moore1

    dan.1moore1 Senior Member

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    Confirmed guys

    Phoned them this morning and they said no problem at all . As long as it is packed tidy it will be fine
     
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  12. Freedom of choice

    Freedom of choice Elite Member

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    good news Dan.
     
  13. dan.1moore1

    dan.1moore1 Senior Member

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    Yes, i will use the work account with TNT to get it back there for tuesday morning and they said i will have the new bike wednesday morning in time for a gate practise on sunday ..
     
  14. Andrew

    Andrew Active Member

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    Sounds like a good result.
     

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