Beedster Posted March 12, 2013 Share Posted March 12, 2013 Hi folks, a bought a used acoustic last week via the internet from a London shop. The invoice stated that I could return within 14 days. I really didn't like it (I've played the same model elsewhere and this instrument didn't sound anything like as good as that one had) so I emailed them and asked if I could return as per the invoice. They've said a flat no as, in their words, the returns policy only applies to damaged or not as described goods. Any thoughts? Chris Quote Link to comment Share on other sites More sharing options...
TG Flatline Posted March 12, 2013 Share Posted March 12, 2013 (edited) [url="https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDkQFjAB&url=http%3A%2F%2Fwww.oft.gov.uk%2Fshared_oft%2Fbusiness_leaflets%2Fgeneral%2Foft913.pdf&ei=gM4-UcCPIIuw7Aat-4HgDw&usg=AFQjCNEfGfvwWlP7g4n_RcFTGn-T_vQGGg&bvm=bv.43287494,d.ZGU"]CLICK ME[/url] You can return the item. Point them in the direction of that to start with. Companies can and do have returns policies, but they must also comply with Distance Selling Regs. Good luck with it, let us know how you get on! Edited March 12, 2013 by TG Flatline Quote Link to comment Share on other sites More sharing options...
Floyd Posted March 12, 2013 Share Posted March 12, 2013 There's a guide here http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf I think that no matter what your reason for returning anything you've got 7 working days. In practice , some businesses don't follow the regs because no one will chase them. The DTI, Citizens Advice etc do nothing. You'll have to take them to a small claims court. Quote Link to comment Share on other sites More sharing options...
steve-bbb Posted March 12, 2013 Share Posted March 12, 2013 if they refuse i would leave a polite but factual review of the basic circumstances on their google review listing Quote Link to comment Share on other sites More sharing options...
tonybassplayer Posted March 12, 2013 Share Posted March 12, 2013 Trying to think back to my car sales days and it was the same for new and used but seen to remember it may have been how you payed so if you had it delivered and paid prior to delivery the distance selling rules applied. Quote Link to comment Share on other sites More sharing options...
Ashborygirl Posted March 12, 2013 Share Posted March 12, 2013 The DSRs give you the legal right to a refund. The shop is also guilty of fraudulent misrepresentation by advertising a returns policy and not honouring it. Don't let this drop & please name this retailer once the matter is resolved so I can add them to my blacklist. Quote Link to comment Share on other sites More sharing options...
iconic Posted March 15, 2013 Share Posted March 15, 2013 Does the invoice state their dsr returns policy for used goods..? Quote Link to comment Share on other sites More sharing options...
dlloyd Posted March 16, 2013 Share Posted March 16, 2013 [quote name='Beedster' timestamp='1363070019' post='2007751'] Hi folks, a bought a used acoustic last week via the internet from a London shop. The invoice stated that I could return within 14 days. I really didn't like it (I've played the same model elsewhere and this instrument didn't sound anything like as good as that one had) so I emailed them and asked if I could return as per the invoice. They've said a flat no as, in their words, the returns policy only applies to damaged or not as described goods. Any thoughts? Chris [/quote] If you've had it for less than seven working days, it's covered by the distance selling regs. Quote Link to comment Share on other sites More sharing options...
flyfisher Posted March 16, 2013 Share Posted March 16, 2013 All the above. DSR protects consumers who have not had a chance to fully inspect the goods and to satisfy themselves that they fully meet their requirements, unlike when you can handle and test the goods when buying in a shop. Don't let it drop and don't let them bully you. Write clear letters/emails in a manner that can be used as evidence in court (if it ever comes to that) and keep all copies. If you choose to name and shame, be careful to stick to verifiable facts. Quote Link to comment Share on other sites More sharing options...
TG Flatline Posted March 16, 2013 Share Posted March 16, 2013 [quote name='flyfisher' timestamp='1363432460' post='2012610'] All the above. DSR protects consumers who have not had a chance to fully inspect the goods and to satisfy themselves that they fully meet their requirements, unlike when you can handle and test the goods when buying in a shop. Don't let it drop and don't let them bully you. Write clear letters/emails in a manner that can be used as evidence in court (if it ever comes to that) and keep all copies. If you choose to name and shame, be careful to stick to verifiable facts. [/quote] Excellent post, I would go by that to the letter! Fingers crossed for you bud! Quote Link to comment Share on other sites More sharing options...
chrismuzz Posted March 16, 2013 Share Posted March 16, 2013 Snap the neck and send it back Quote Link to comment Share on other sites More sharing options...
Lozz196 Posted March 17, 2013 Share Posted March 17, 2013 I agree with not letting it drop and communicating with the shop by e-mail, so that it`s verifiable. One of the points I would make to them is that their receipt clearly states the item can be returned within 14 days, and that is what I would base any legal action on. I think it would be very unlikely for a small claims court to be ruled in their favour, when their receipt states this. People usually rely on the other backing down, but you have documentary evidence showing your position is the correct one - if it comes to it, take them to court based on the above. Quote Link to comment Share on other sites More sharing options...
dlloyd Posted March 17, 2013 Share Posted March 17, 2013 [quote name='Lozz196' timestamp='1363516277' post='2013454'] I agree with not letting it drop and communicating with the shop by e-mail, so that it`s verifiable. One of the points I would make to them is that their receipt clearly states the item can be returned within 14 days, and that is what I would base any legal action on. [/quote] If it's within seven working days, he should base it on the DSRs... statutory rights trump shop policy every time. Quote Link to comment Share on other sites More sharing options...
Lozz196 Posted March 17, 2013 Share Posted March 17, 2013 [quote name='dlloyd' timestamp='1363541469' post='2013843'] If it's within seven working days, he should base it on the DSRs... statutory rights trump shop policy every time. [/quote] Agree, statutory rights, plus what is printed on their own receipt - how would they possibly think they could win, or even defend against those? Quote Link to comment Share on other sites More sharing options...
karlfer Posted March 18, 2013 Share Posted March 18, 2013 Uzi 9mm Quote Link to comment Share on other sites More sharing options...
Beedster Posted March 26, 2013 Author Share Posted March 26, 2013 Thanks very much for the above folks (I'd completely forgotten posting this). The shop in question was New Kings Road Vintage, and they've since been very professional about things. In fact I suspect that early communication - referred to in my original post - was not indicative of their approach at all, as having spoken to Rick, the owner, I've had nothing but positive communication. The guitar's going back tomorrow with assurance of a refund as soon as it's received so I'm sure all will be OK. Thanks for your help Chris Quote Link to comment Share on other sites More sharing options...
Musky Posted March 27, 2013 Share Posted March 27, 2013 Result! Quote Link to comment Share on other sites More sharing options...
Beedster Posted April 4, 2013 Author Share Posted April 4, 2013 All sorted, NKRV/Rick dealt with it all very professionally C Quote Link to comment Share on other sites More sharing options...
TG Flatline Posted April 5, 2013 Share Posted April 5, 2013 [quote name='Beedster' timestamp='1365115037' post='2035700'] All sorted, NKRV/Rick dealt with it all very professionally C [/quote] Glad to hear that! Quote Link to comment Share on other sites More sharing options...
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