Reply With QuoteIf it was a UK supplier you are entitled to a refund even if you decide you dont like it under distance selling regulations. No restocking charge...
If its from outside the UK you have a bigger issue.
Who was the supplier?
Right guys, The horns are out, and before I blow my top I would like some advice.
I bought a omega watch last week from a supplier via phone. After the watch arrived by RMSD, the hands were out of alignment and the date was changing at approx 9 0'clock. I returned it to them immediately by the same shipper and the recieved it on Saturday morning. I was promised a call today to tell me what was happening with it.
After chasing them a few times today I have been told that it needs to go back to Omega and will take up to 3 weeks. I explained that this is unacceptable and wanted a refund instead.
At this point they had the cheek to tell me they would be charging me a 15% restocking fee in this case. It states in their terms and conditions that I am entitled to return it for a refund if
If the item is faulty or damaged in any way.
Their story is that I changed my initial order from an auto verison of the watch, which they did not have in stock and would have had to order in specially, and are now claiming that this order had been processed, even though I was told by the salesperson that it had not been ordered. They will happily refund me the cost of the quartz, minus the restocking fee for the auto.
Is this legal?
BTW at no point when I was discussing the change of order with the salesperson, did they mention a restocking fee or that the other watch had been ordered and that they were doing me a favour.
:evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil:
Help please!
If it was a UK supplier you are entitled to a refund even if you decide you dont like it under distance selling regulations. No restocking charge...
If its from outside the UK you have a bigger issue.
Who was the supplier?
Just tell them you will name and shame on a forum which gets 1.6 million page views a month.
Eddie
Whole chunks of my life come under the heading "it seemed like a good idea at the time".
A simple case of the supplier trying to make out like they were doing you a favour in accepting your change of order, which ought to be outlawed.
Tell them you will accept a refund minus the restocking fee and then seek the restocking fee in the small claims court under breach of contract. Also advise that this can be avoided if the refund is in full. Record the date and time of the call, and the response. Remain civil at all times, and then take them to the cleaner's if they don't play ball. In your claim, ensure you include an allowance for extra costs and time incurred, if possible.
...but what do I know; I don't even like watches!
I had thought of this, but does anyone know the implications of trying to take a supplier based in England through the small claims court in Northern Ireland?Originally Posted by andrew
you are entitled to your money back, under the sales of goods act 1979. as you were buying goods unseen. If they were special ordering something they are obliged to tell you this is the case, if nothing was mentioned at the time your fine. speak to the citizens advice and get them to create a case number, then speak to the supplier and tell them the case number as well. If goods are faulty you are entitled to a full refund period!
your covered under distance selling regs and faulty equiptment (sales of goods act)
no time to read all the replies, but you must have paid by credit card? So the only contract you have is with the card company. Take matter up with them direct
A company tried this a few months ago with me regarding a subwoofer I bought from them. A quick call to Trading Standards gave me exactly which laws they were breaking by attempting this, including the Distance Selling Law. Once I contacted the company again and advised them of what Trading Standards had said they refunded me within 24 hours, in full. I would suggest doing the exact same thing.
To all who replied. Many thanks. I'll contact trading standards in the morning to get the lowdown, then wait for the sales director to call me back. I'll not hold my breath mind you!
Nice to know someone has your back once in a while. I thank you all.
i wish we had consumer protection stuff like this in the US. restocking fees seem to be de rigueur over here.
fortunately, i've never had this situation happen to me...yet.
Surprise, surprise, the sales director, who is due to call me is not in today and may not be in tomorrow.
Trading standards are however having a look at their website, as they believe their statements are invalid!!!!!
More tomorrow!
That's not quite right - you have a contract with the retailer under which the credit company is also liable. In practice this tends to be relevant when the retailer is being difficult, so do you end up turning to the card company.
The point is just that card co will probably expect you to have tried to sort it out with the retailer first, at least a bit.
That's not quite right - you have a contract with the retailer under which the credit company is also liable. In practice this tends to be relevant when the retailer is being difficult, so do you end up turning to the card company.
The point is just that card co will probably expect you to have tried to sort it out with the retailer first, at least a bit.
Yes
but as he has tried and they have shown contempt for the situation and law etc. He can try the credit card company route. They hold the real power as they can "pull " the money. And they do act hard when required.
Right,
JOY
SUCCESS
I got awakened from my sleep about half an hour ago by the said sales director. I got fed up waiting for them to call me yesterday so I composed a long and detailed email outlining what I thought was the shortcomings of this deal and where it had gone wrong.
Well I got a reply, but really couldn't get a word in edgeways, except to say 'that's fine' when he said for the third or fourth time I would get my refund.
I also took up Eddies suggestion, but wasn't quite as blunt.
Eddie, this really works! Admittedly he was extremely agitated about the thought his company had been discussed, along with the usual comments of, 'if I find comments about my company on watch forums, I will pursue it etc etc etc'
I have a notion I will not be able to order anything from them again. Big Loss!
But at the end of the day the money is to return, so now I can buy a speedbird! :lol: :D :D :D :D :D :D
Great it all worked out for you!
/john
Well done Colin.. Squeaky wheels do get oiled..!!
Had an battle with Paypal a few weeks ago over a piddly sum
..But it was the principle of the thing that really made my piss fizz..
Eventually, after half a dozen "civily" worded emails I hit them with
a couple of snot-o-grammes.. Presto-Hey, a reply from a headhoncho
with appology and full refund.
It pays to persevere..
Great result...... so which company was it??? :D :D :D
I dont know why companies still try this on so much....
I have had it a couple of times, and all it does it waste my time their time, and as I normally know quite a few people within that sector it means they loose out on sales....
For example I negotiated a large order with a big canoe shop (as you can imagine quite a close knit community) and they failed to deliver, cancelling my order without even contacting me, and refusing to reinstate my order.
Suffice to say as I was at university at the time, with little to do, I spent my time trying to ruin them....
In this case, yes. But it's not true to sayThat's not quite right - you have a contract with the retailer under which the credit company is also liable. In practice this tends to be relevant when the retailer is being difficult, so do you end up turning to the card company.
The point is just that card co will probably expect you to have tried to sort it out with the retailer first, at least a bit.
Yes
but as he has tried and they have shown contempt for the situation and law etc. He can try the credit card company route. They hold the real power as they can "pull " the money. And they do act hard when required.
and that was my point.the only contract you have is with the card company
Glad this business is sorted anyway.
Glad you got this sorted to your satisfaction. It amazes me that companies still try & work this way when the law is not on their side, but I guess most people will not know their rights or make a fuss. Just goes to show, when you have all the facts regarding the law & intent to use, they will take the only (and correct) course of action.
/vince ..
Unfortunately i gave him my word I would not reveal their identity on online forums, and unlike the way I have been treated, I have some integrity and will keep my word.Great result...... so which company was it??? :D :D :D
However, if anyone is concerned about buying watches from uk based online retailers, please drop me a line and I will answer their questions. :wink:
Very glad you got it all sorted out - we invest a lot of tiem and money on wathes and expect slelers to be upfront and honest and not try and make a turn when things go wrong - inevitably some wathes do go wrong - but that is when you expect SERVICE! Anyone can stick a watch in the post - reputation for being honest and doing the right thing should be high on a sellers list - glad they came to their senses!
It's just a matter of time...
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