new safe delivered and it's damaged

[HDAV]

I had one off the bayE with damaged corner and three dinks down the lenght of the door, never got no money back so wont buy off that site again. Did the place you buy from have a x and a d in there company name ?

Did you inform eBay?

[mmamonster]

Did you inform eBay?

 

yes,

waste of time,

they said to pay for it be sent back then i loose shipping costs there and back and they refund cabinet price.

they new it was faulty when sent so why should i loose out on shipping ?

total waste of time and dont use site anymore.

[weejohn]

Red Kite? A friend bought one from there which was damaged , wasn't much bothered though and fitted it anyway.

 

I would still buy from them .

 

If the damage is unacceptable then surely they need to arrange the re-collection.

[Danoi99]

Get them to take it back !! I bought a safe from a shop on the outskirts of Bristol..........there was something wrong with the lock, some kind of plate kept coming loose so you couldn't get yer key in.

 

The guy at the shop was so damn rude when I took it back ( New Avon Arms ), I was going to do d swap but decided to have my money back instead !!! I walked out of the shop with my dad, got in my van and drove away.

 

20 mins later my dad said " Are these the keys to that safe?" .................they were indeed !!!!! did I return them to the shop? or did he end up with a nice display cabinet for his window ?

[HDAV]

 

yes,

waste of time,

they said to pay for it be sent back then i loose shipping costs there and back and they refund cabinet price.

they new it was faulty when sent so why should i loose out on shipping ?

total waste of time and dont use site anymore.

That is wrong IMO for damaged goods unless it was described as damaged when sold.

[mmamonster]

That is wrong IMO for damaged goods unless it was described as damaged when sold.

Ebay were a Total waste of time.

[JonathanL]

7 days for distance selling regs and at buyers cost + fees ( restocking fee etc) shipping won't be cheap so using distance selling is the wrong legislation, in my hble opinion

 

They can't make any charges such as 'restocking' fees. If they could it would render the regulations pointless as you could just charge a 100% fee. They can't charge for postage either; I'll stand to be corrected on the last point but they have to refund the initial postage cost so in any event so the most you would be exposed to is postage one way. The regs don't stipulate a right of return, as such, but rather give the buyer the option to cancel the original contract of sale. Hence, there is no contract on which to base a fee of any kind.

 

The only things on which can't cancel the contract are things which are made to your specifications or are customised for you or things the price of which is based on market fluctuations such as currency or metals, etc.

 

J.

[HDAV]

Distance selling regs to not include refund of postage or fee free returns and do include the option to charge a restocking fee.

 

 

 

Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security

14. (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

(2) The reference in paragraph (1) to any sum paid on behalf of the consumer includes any sum paid by a creditor who is not the same person as the supplier under a personal credit agreement with the consumer.

(3) The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

(4) Where any security has been provided in relation to the contract, the security (so far as it is so provided) shall, on cancellation under regulation 10, be treated as never having had effect and any property lodged with the supplier solely for the purposes of the security as so provided shall be returned by him forthwith.

(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier.

(6) Paragraph (5) shall not apply where—

(a)the consumer cancels in circumstances where he has the right to reject the goods under a term of the contract, including a term implied by virtue of any enactment, or

(b)the term requiring the consumer to return any goods supplied if he cancels the contract is an “unfair term” within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999(1).

(7) Paragraph (5) shall not apply to the cost of recovering any goods which were supplied as substitutes for the goods ordered by the consumer.

(8) For the purposes of these Regulations, a personal credit agreement is an agreement between the consumer and any other person (“the creditor”) by which the creditor provides the consumer with credit of any amount.

Edited October 30, 2013 by HDAV

[mda998]

The Distance Selling Regulations

 

The Distance Selling Regulations are the rules that protect your consumer rights when buying products from a distance, for example, online or over the phone. They set out information the seller must give about the goods or service on offer, including:

 

a description of the goods or service

the price of the goods or service

delivery and any cancellation rights

information about the seller

 

This information will normally be set out in the terms and conditions, but if you're buying goods over the phone the seller can provide the information verbally.

 

The information about the seller must include a geographical address if payment is taken. When you place an order, the seller becomes obliged by law to provide further information in writing or by email.

 

This includes details of how to exercise any right to cancel and who is responsible for the cost of returning goods. If the seller has already provided this information they don't need to do so again.

Your right to cancel an order

 

The Distance Selling Regulations state that your right to cancel an order starts the moment you place your order and doesn’t end until seven working days from the day after you receive your goods.

 

This is the minimum consumers must be given and many sellers choose to exceed this, so always check the terms and conditions in case you have longer to return your items.

 

As this seven-day working period is the time you have to decide whether to cancel, by law the seller can’t say that you must have returned the goods within this time frame.

 

Confirmation of your cancellation should be sent by email, letter or fax.

 

If you're unable to cancel an order made at a distance, use our template letter to make a complaint.

The goods you can't return

 

There are some goods you can't return if you simply change your mind, including:

 

CDs, DVDs or software if you've broken the seal on the wrapping

perishable and other items that deteriorate rapidly such as food and flowers

tailor-made or personalised goods

underwear and earrings

 

Cancelling a service contract

 

If you're buying a service, such as gym membership or a cleaning service, you can usually cancel up to seven working days from the day after you enter into the contract.

 

But there are some contracts you can’t cancel simply because you change your mind, including:

 

contracts for transport and some leisure services to be provided on a specific date eg hotel bookings, flights, car hire, concert and other event tickets

contracts for services where you agreed to the service starting before the seven working days has expired - as long as the seller has provided all the information detailed above

 

If the seller has failed to comply with the requirements to provide information, Distance Selling Regulations mean that your right to cancel doesn’t end until seven working days from the day after the seller does comply.

 

This is up to a maximum of three months and seven working days from when you placed your order.

 

Although, be aware that this doesn't apply to specific date contracts for transport services and events.

When to expect your goods

 

The Distance Selling Regulations say that goods must be delivered within the time frame you agree with the seller.

 

If no time frame is agreed, the seller has 30 days from the day after they receive your order to deliver your goods.

Who pays return postage?

 

The seller's terms and conditions or returns policy should state who pays the cost of returning goods.

 

If they don't state this, then the seller has to cover the cost.

 

In this case, you're entitled to a refund of the total amount you paid, including any charge to ship the goods to you. No admin or restocking fees should be charged.

 

If the seller wants to send substitute goods, because they don't have the items you wanted in stock, it should say so before you place your order.

 

The cost of returning substitutes should always be at the seller’s expense.

Returning faulty goods

 

If you receive faulty goods and wish to return them, The Distance Selling Regulations are in addition to your other legal rights.

 

So, if your goods are faulty and don’t do what they're supposed to, or don’t match the description given, you have the same consumer rights under the Sale of Goods Act as you have when buying face to face.

 

Any terms and conditions that say you must cover the cost of returning an item wouldn’t apply where the goods being returned are faulty.

What isn't covered by the DSRs

 

Some contracts fall outside the Distance Selling Regulations altogether, including contracts for the sale of land or construction of buildings and items bought from vending machines.