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Consumer rights problem(returning a DVD player)

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Old 17 August 2002, 09:56 PM
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paulr
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Ok....here goes...

12 days ago i ordered a DVD player from an online retailer.On Thursday i got a message on my mobile to ring them.I rang them and the manager told me that the model i wanted was out of stock and was discontinued.He offered me a different model at the same price.I said id think about it,basically i wanted to see the spec etc.On Friday i decided against it,and bought the one i wanted from a shop(at a higher price).
Today, one arrived from the online retailer.Now i have two.A couple more points.
The one from the online retailer i've found to be an import,and a such i'd like to return it.However on their website it says there is a 20% charge for returns.........NO EXCEPTIONS.
I havent phoned them yet,work and all that,but will on monday.....

What are my rights and any advice.Basically i want to return the one from the online retailer,but no way do i want to pay the 20% charge.
I bought it on my Halifax visa.

Thanks
Paul..
Old 17 August 2002, 10:08 PM
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rr_ww
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As I read that you didn't ask them to send you the alternative. So just call the CC company, get them to cancel the transfer and tell the OL retailer you'll be sending it back at their cost! No p&p

care to name and shame?
Old 17 August 2002, 10:35 PM
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paulr
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http://www.dvdplayers.co.uk/relocate/index.htm

I havent actually spoken to them yet,so its hard to be be too judgemental.
The grey area is that although i never said i wanted the alternative,i never actually cancelled the online order.When they said it was discontinued i assumed the order would then lapse.I was intending to ring them its just it all happened so quick.From them ringing me ,to me buying another to them sending me one about 2 days......during which time i was busy at work.

What rights does paying by visa give me?
Old 17 August 2002, 10:37 PM
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Neil Smalley
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Before you go in all guns blazing, give them a call and discuss it with them. If you had actually wanted a replacement then that seems a pretty good service, so it seems only fair to go easy initially.

Old 17 August 2002, 10:45 PM
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paulr
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Thanks Neil,i will do,....i'm just trying to get an idea of what my rights are before i ring them.

The other point is that because its an import all the instructions are in French and German.Another reason i'd like to return this one.The other one i have is english.Apart from that their identical.
Old 18 August 2002, 01:46 PM
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paulr
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Anyone any more opinions?
Old 18 August 2002, 04:27 PM
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DocJock
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Tell them if they want it back they can send someone to collect it as it is an unsolicited delivery. Also tell them when it's convenient for YOU to have it collected.

Did this with a telly delivered by mistake to our address......they said keep it, it's less hassle for us !!!
Old 18 August 2002, 05:12 PM
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Rex93
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Within there terms and conditions on there web page there is no mention of them sending an alternative in case your order is no longer available..(in your favour)
They do put the words "without exception" on anything to do with returning an item to them for repair/refund, and them charging you a % for the pleasure..(in there favour)
There is no mention of the fact that these are not UK models with all handbooks in english...(in your favour)
Also as you never actualy entered into an agreement to purchase the alternative DVD, there returns policy does not cover this.(in your favour)
I would agree with Neil above about contacting them and trying to resolve the situation amicably in the first instance..
If you get no joy, contact your CC company, as all transaction will be covered by insurance you will be able to pass the problem on to the CC insurance company..
It would be safe to say that from looking on there site and with what you say has happened, they will have little choice but to accept responsibility for there error and except all postage costs.

good luck
Old 18 August 2002, 08:18 PM
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Jon Jonzz
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Sounds like you can probably return it under the Distance Selling Regulations - usually 7 working days (longer if they failed to tell you about the DSR). If so, the 20% charge is null & void.
Old 18 August 2002, 10:07 PM
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polarbearit
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Call the CC company, say that you have had something sent which you didn't order. Ask for a refund. They should do this...

If the company want the DVD player back they will have to collect it... Though I believe that you could actually just keep it as it is something posted to you that you didn't order (in the same way you don't have to pay the £1.50 for a betterware catalogue if you don't give it back when they come to collect!!!) - could be pushing your luck though
Old 19 August 2002, 07:17 AM
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paulr
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Hi....thanks for the replies......i will be ringing them today...

The DVD player they sent WAS the one i originally ordered.What happened was they rang me telling me it was discontinued and offered me an alternative,which i said i'd think about.The next day i bought,elsewhere the one i wanted.The day after, the online retailer sent me the one i originally ordered,after saying they couldnt get hold of one?????.So i have 2 identical ones ...
Old 19 August 2002, 08:25 AM
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Jon Jonzz
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Under the DSR, you can send goods back for any reason (not just faulty)or for no reason. The regs are there to allow inspection before confirming purchase.
Old 19 August 2002, 01:53 PM
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paulr
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OK.........just rang them, and once i explained the situation they were great about it,very polite.They said i can return it no problem,and it will be collected tomorrow at their cost.........pretty good service TBH...
Old 19 August 2002, 04:12 PM
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puppypower
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I'm glad you put this post on cause I've just posted my own question regarding DVD's.

Thanks
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