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Author Pissed off: Distance Selling Regs?
pow
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Registered: 11th Sep 06
Location: Hazlemere, Buckinghamshire
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   4th Sep 12 at 12:38   View Garage View User's Profile U2U Member Reply With Quote
Bought a piece of glass (passenger non-opening quarterlight) for the camper from VW Heritage last week to replace the scratched one that had been supplied with our camper. Came to fitting it on Saturday (had help doing it from a window guy!) and it is half the thickness of the offical VW one.

So, I contacted them today to return it but I have to pay the return postage apparently?

It's not fit for purpose (half the thickness = flaps around in the frame & seal = water pissing in) - do I have ground to claim the postage back?
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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4th Sep 12 at 12:40   View Garage View User's Profile U2U Member Reply With Quote
yes
pow
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Registered: 11th Sep 06
Location: Hazlemere, Buckinghamshire
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4th Sep 12 at 12:47   View Garage View User's Profile U2U Member Reply With Quote
Where is this written?
tobyc20xe
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Registered: 28th Jun 12
Location: bradford
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4th Sep 12 at 12:51   View User's Profile U2U Member Reply With Quote
ad ring them back up and get them told tbh! it's not what you asked for it's not your fault!
pow
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Registered: 11th Sep 06
Location: Hazlemere, Buckinghamshire
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4th Sep 12 at 12:58   View Garage View User's Profile U2U Member Reply With Quote
Tried that, he 'spoke to his manager' and told me he wasn't going to refund postage. So before I go back to them I want it in wiritng
Toby
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4th Sep 12 at 13:03   View Garage View User's Profile U2U Member Reply With Quote
It will be up to you to prove its not fit for purpose and tbh i dont think your going to unless they are selling genuine VW parts (and thats what the glass was sold as - if thats possible with glass). What is the reutnr postage cost out of curiosity?
Ian
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Registered: 28th Aug 99
Location: Liverpool
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4th Sep 12 at 17:52   View Garage View User's Profile U2U Member Reply With Quote
Shouldn't matter if its listed as genuine or not, if it comes and doesn't suit the car then its still not acceptable. The law doesn't discriminate on brand.
Kippers
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Registered: 27th Dec 10
Location: By the sea, Kent Drives: A nee naw
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4th Sep 12 at 17:53   View User's Profile U2U Member Reply With Quote
Unless its in their terms and conditions then they HAVE to refund it.

We have been done a few times with people returning stuff.

Its a right cunt TBH!
Ian
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Registered: 28th Aug 99
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4th Sep 12 at 17:53   View Garage View User's Profile U2U Member Reply With Quote
quote:
Originally posted by Kippers
Unless its in their terms and conditions then they HAVE to refund it.


Even if its in their terms they're still bound by the DSR, you can't disclaim your way out of it.
Toby
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4th Sep 12 at 18:25   View Garage View User's Profile U2U Member Reply With Quote
quote:
Originally posted by Ian
Shouldn't matter if its listed as genuine or not, if it comes and doesn't suit the car then its still not acceptable. The law doesn't discriminate on brand.


I was pointing out that the fact that its thinner is going to be difficult to prove its ill fit unless they were attempting to sell it as a different brand
Ian
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Registered: 28th Aug 99
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4th Sep 12 at 19:11   View Garage View User's Profile U2U Member Reply With Quote
Yeah although it has also occurred to me since posting that fitness for purpose is a Sale of Goods issue, in addition to those rights, DSR would allow you to return it just because you didn't like it so long as the statutory terms were met.
Toby
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4th Sep 12 at 19:21   View Garage View User's Profile U2U Member Reply With Quote
quote:
Originally posted by Ian
DSR would allow you to return it just because you didn't like it so long as the statutory terms were met.


My understanding is that he would have to foot the return postage still?
A2H GO
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Registered: 14th Sep 04
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4th Sep 12 at 19:25   View User's Profile U2U Member Reply With Quote
quote:
Originally posted by Toby
quote:
Originally posted by Ian
DSR would allow you to return it just because you didn't like it so long as the statutory terms were met.


My understanding is that he would have to foot the return postage still?


Only if the seller explicitly states this as part of their returns policy, otherwise the seller must pay it.

[Edited on 04-09-2012 by A2H GO]
Ian
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4th Sep 12 at 19:26   View Garage View User's Profile U2U Member Reply With Quote
Can you disclaim your way out of paying the return postage? I didn't think that was the case.
Ben G
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4th Sep 12 at 19:36   View User's Profile U2U Member Reply With Quote
in future, use just kampers.

i've had this problem a few times with returning stuff.

had to send back some mats that fell apart. got a refund but not on the return postage. was quite pissed off.
VrsTurbo
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Registered: 8th Jun 10
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4th Sep 12 at 22:17   View Garage View User's Profile U2U Member Reply With Quote
It's not distance selling regs though is it as you bought it in person if I've read it correctly.
Ian
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4th Sep 12 at 23:31   View Garage View User's Profile U2U Member Reply With Quote
Yeah that would make a difference, I assumed that if you were posting it back, you'd have bought it distance.
pow
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Registered: 11th Sep 06
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5th Sep 12 at 08:00   View Garage View User's Profile U2U Member Reply With Quote
I paid over the phone
A2H GO
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5th Sep 12 at 11:20   View User's Profile U2U Member Reply With Quote
quote:
Originally posted by Ian
Can you disclaim your way out of paying the return postage? I didn't think that was the case.


Maybe thats just eBay, I know this as a business seller,

"In general, the seller is obliged to pay for the return postage & packaging unless they have specifically provided, within their returns policy, that they require the buyer to pay for it."

http://pages.ebay.co.uk/help/buy/return-item.html

[Edited on 05-09-2012 by A2H GO]
Dan295
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Registered: 9th Oct 06
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5th Sep 12 at 12:08   View User's Profile U2U Member Reply With Quote
ive got an idea, return to sender

 
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