RE: [OT] advice on substitute part supplied...

["Paul Gale" <groups@xxxxxxxxxxxxxxxx>]

Thanks Phil,

I also just contacted Trading Standards (I was also worried they are
trying=
this on with others - you get a hint of this in the about page!).

They were really helpful - apparently as the goods supplied weren't those
a=
dvertised, the supplier is in breach of contract, so I am entitled to a
ful=
l refund including return postage etc.

Just need the supplier to see that now!

:)

Paul.



-----Original Message-----
From: ukha_d@xxxxxxx [mailto:ukha_d@xxxxxxx] On Behalf Of P=
hil Harris
Sent: 24 March 2006 10:51
To: ukha_d@xxxxxxx
Subject: RE: [ukha_d] [OT] advice on substitute part supplied...


> So I presume this is simply covered under DSR?

Yup - I see no reason for them to claim it is excluded from the DSRs...
=20
> On principal, I want to try reclaiming return postage - but=20
> have no legal right - is that correct?

Well, we did have this crop up fairly frequently at Lets.

The advice we were given is that we did not have to refund shipping charges
however what we used to do were if a product was returned for refund due to
it either being faulty or misshipped then we would refund carriage charges
*BOTH WAYS*.

If it was returned for replacement due to it either being faulty or
misshipped then we would refund the customers return carriage charge back
t=
o
us and ship a replacement "for free".

If the unit was being returned because they'd changed their mind then we
would not return postage.

If the unit had been returned as faulty but had no fault then we would not
refund carriage back to us and would charge carriage back to the customer
i=
f
they wanted it returned.

Phil

> Thanks guys!
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> Paul.
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> -----Original Message-----
> From: ukha_d@xxxxxxx [mailto:ukha_d@xxxxxxx]=20
> On Behalf Of Phil Harris
> Sent: 24 March 2006 10:34
> To: ukha_d@xxxxxxx
> Subject: RE: [ukha_d] [OT] advice on substitute part supplied...
>=20
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> I see what you're saying but assuming that the memory they=20
> have sent has the same (or greater) capacity, the same=20
> duration (or longer) warranty and the same (or faster)=20
> transfer rate then they haven't short changed you (the=20
> Porsche / Punto example is irrelevent). If the suppliers have=20
> in their T&Cs that in the event of a product being out of=20
> stock then they will supply an alternative product of similar=20
> or greater spec then that's what they'll do - however I would=20
> suggest asking where in their T&Cs they state it. ;-)
>=20
> However I would have expected that they would have contacted=20
> you to say that they were out of stock of the item and that=20
> they could either cancel / postpone your order or supply the=20
> alternative and give you the choice.
>=20
> At the end of the day - if you're not happy with what they=20
> sent you, reject it and send it back (by registered post so=20
> you can prove they got it) with a covering letter saying why=20
> you are rejecting it and that you trust they will refund the=20
> purchase price to your card (delivery and carriage charges=20
> are always a grey area for refunds as the retailer can claim=20
> that they are a contracted out cost).
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> Phil
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> > -----Original Message-----
> > From: ukha_d@xxxxxxx=20
> [mailto:ukha_d@xxxxxxx] On Behalf=20
> > Of Paul Gale
> > Sent: 24 March 2006 10:20
> > To: ukha_d@xxxxxxx
> > Subject: [ukha_d] [OT] advice on substitute part supplied...
> >=20
> > Can someone give me their opinions on what the law says in
this=20
> > situation:
> >=20
> > I just received this order but the part shipped was not=20
> that as shown=20
> > on your site. Your site clearly shows a SanDisk part but=20
> the shipped=20
> > part was inov8. I'm really disappointed in this as the card is=20
> > intended as a Birthday gift at the weekend. I expected to=20
> be shipped=20
> > the well-known SanDisk brand rather than a generic clone brand.
> >=20
> > Can you please advise how you will rectify this.
> >=20
> >=20
> > Their Reply:
> >=20
> >=20
> > Please see the following page, unfortunately where possible=20
> we try to=20
> > ship Sandisk, unforutnatel 1Gb Sandisk are out of stock, we=20
> ship the=20
> > next available unit.
> >=20
> > http://www.memoryforless.co.uk/store/x463.html
> >=20
> > Rather keep clients waiting we send our the same or higher=20
> > specification card, same type and same warranty specification,
5=20
> > years, the only difference may be the brand and the=20
> warranty, which is=20
> > lifetime on the unit supplied.
> >=20
> >=20
> > Regards,
> >=20
> > Paul
> > Sales Team
> > Memoryforless.co.uk
> > you please advise how you will rectify this.
> >=20
> >=20
> > Sounds like a load of BS to me - what's to stop me setting up a
web=20
> > site advertising Porches at =A320k and shipping a Fiat Punto
because=20
> > we're out of stock and don't want to keep customers waiting?
> >=20
> > I presume there's some law on advertising and shipping that=20
> part, not=20
> > something else?
> >=20
> > Cheers,
> >=20
> > Paul.
> >=20
> >=20
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> > [Non-text portions of this message have been removed]
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> > Yahoo! Groups Links
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