Legal help - New parts bought but supplied used
Discussion
Evening all,
Recently ordered some parts from a well known specialist Porsche parts supplier.
After a long wait, supposedly due to stock availability coming from Germany, my NEW 997 GT3 bumper was delivered today.
Now, unfortunately the supplier refused to provide any specific dates for delivery and insisted it had to be delivered today (I was told this yesterday). I work in London, and there is no chance I could have today off work to take delivery.
No worries I was told by the friendly parts supplier, we'll eave with a neighbour or around the rear of your house in a safe place.
So, I come home today, inspect the bumper to find that it's not actually NEW but a second hand, damaged repaired bumper.
At no point on the parts suppliers website is or was it ever mentioned that this was a used and damage repaired bumper. They are a large supplier to Porsche parts and are charging near enough the same prices as the OPCs.
Throughout the whole process it's never been mentioned to me that this would be a used and damage repaired bumper, because I simply wouldn't have bought it!!
From a legal perspective, what are my rights? I'm assuming I'd be covered by trades description or Sale of goods act. Can anyone provide some guidance?
The fact that it's used and previously damaged repaired is very evident from the fact that there are filled number plate fixings, damage to catches from previous fitting of lights, and also repaired damage to the top grill, along with remnants of old sticky fixings .
Recently ordered some parts from a well known specialist Porsche parts supplier.
After a long wait, supposedly due to stock availability coming from Germany, my NEW 997 GT3 bumper was delivered today.
Now, unfortunately the supplier refused to provide any specific dates for delivery and insisted it had to be delivered today (I was told this yesterday). I work in London, and there is no chance I could have today off work to take delivery.
No worries I was told by the friendly parts supplier, we'll eave with a neighbour or around the rear of your house in a safe place.
So, I come home today, inspect the bumper to find that it's not actually NEW but a second hand, damaged repaired bumper.
At no point on the parts suppliers website is or was it ever mentioned that this was a used and damage repaired bumper. They are a large supplier to Porsche parts and are charging near enough the same prices as the OPCs.
Throughout the whole process it's never been mentioned to me that this would be a used and damage repaired bumper, because I simply wouldn't have bought it!!
From a legal perspective, what are my rights? I'm assuming I'd be covered by trades description or Sale of goods act. Can anyone provide some guidance?
The fact that it's used and previously damaged repaired is very evident from the fact that there are filled number plate fixings, damage to catches from previous fitting of lights, and also repaired damage to the top grill, along with remnants of old sticky fixings .
Wozy68 said:
Legal? Rights? Why are you asking on a Porsche forum, surely you should be on SP&L?
Have you actually spoke to the supplier yet before coming on here?
Asking because it's Porsche related. Haven't heard of SP&L before....?? Have you actually spoke to the supplier yet before coming on here?
Am in the process of speaking to supplier, but want to have some certainty on my options before responding to them formally.
Assuming I can return for a refund, it was bought online so guessing distance selling rules apply???
But, I bought a product described as new, and would like my NEW product. Already had a nightmare trying to source the parts and just want what I paid for. Assuming this May be covered by Trades description or Sale of good act.
Asking or if necessary, forcing, them to take it back and refund you shouldn't be too difficult.
In theory, you should be able to insist that they supply you with a brand new one instead, but getting that out of them may be difficult. I suspect you may have to buy one from an OPC and then sue them for the additional cost compared to their original charge.
In theory, you should be able to insist that they supply you with a brand new one instead, but getting that out of them may be difficult. I suspect you may have to buy one from an OPC and then sue them for the additional cost compared to their original charge.
thegoose said:
Asking or if necessary, forcing, them to take it back and refund you shouldn't be too difficult.
In theory, you should be able to insist that they supply you with a brand new one instead, but getting that out of them may be difficult. I suspect you may have to buy one from an OPC and then sue them for the additional cost compared to their original charge.
I take it you have no legal background at all In theory, you should be able to insist that they supply you with a brand new one instead, but getting that out of them may be difficult. I suspect you may have to buy one from an OPC and then sue them for the additional cost compared to their original charge.
OP, if they have any rep worth saving, they will take it back and apologise, I am sure that anything very evidently repaired would not have been passed off as new, there must have been a genuine mix up.
Your first port of call, then come back and let us know.
Distance Selling Regulations also protect you:
http://www.which.co.uk/consumer-rights/regulation/...
http://www.oft.gov.uk/shared_oft/business_leaflets...
With the most interesting paragraph in the OFT document being:-
Refunds
The retailer must refund the full amount including the delivery
costs as soon as possible after the consumer cancels, and in
any case within 30 days at the latest. You cannot insist on the
goods being received by you before you make a refund.
So essentially you can force them to offer you a full refund before you've even returned the 'faulty' goods. Sounds crazy and I'm not sure how many online retailers would actually honour that clause to be honest!
http://www.which.co.uk/consumer-rights/regulation/...
http://www.oft.gov.uk/shared_oft/business_leaflets...
With the most interesting paragraph in the OFT document being:-
Refunds
The retailer must refund the full amount including the delivery
costs as soon as possible after the consumer cancels, and in
any case within 30 days at the latest. You cannot insist on the
goods being received by you before you make a refund.
So essentially you can force them to offer you a full refund before you've even returned the 'faulty' goods. Sounds crazy and I'm not sure how many online retailers would actually honour that clause to be honest!
SFO said:
did you pay by credit card?
if so, and if the supplier refuses to take bumper back and make a full refund, call your credit card company and make it their problem -- section 75 of the Consumer Credit Act
if so, and if the supplier refuses to take bumper back and make a full refund, call your credit card company and make it their problem -- section 75 of the Consumer Credit Act
are you absolutely 100% sure they are used and not just damaged in the post...best response above...
APOLO1 said:
are you absolutely 100% sure they are used and not just damaged in the post...best response above...
All the fixings are sprayed in primer - I've had my own bumper off, and seen a few new bumpers up close and all fixings should be black, with just the PU in primer.
Remnants of old fixings are still on the inside of the bumper, again these are covered in primer where they've not been removed and then subsequently sprayed.
Don't get me wrong, the repairs to the bumper seem of a good standard, and if I'd bought it as a damaged repaired bumper, I would be 100% satisfied.
But I didn't, I bought a new bumper, and have been supplied a used / repaired one instead.
elliot_holder said:
Don't get me wrong, the repairs to the bumper seem of a good standard, and if I'd bought it as a damaged repaired bumper, I would be 100% satisfied.
But I didn't, I bought a new bumper, and have been supplied a used / repaired one instead.
Don't you have a phone?But I didn't, I bought a new bumper, and have been supplied a used / repaired one instead.
It's the afternoon of the day after you first posted, it's a weekday, and you are still rambling on here rather than having sorted this out.
996TT02 said:
elliot_holder said:
Don't get me wrong, the repairs to the bumper seem of a good standard, and if I'd bought it as a damaged repaired bumper, I would be 100% satisfied.
But I didn't, I bought a new bumper, and have been supplied a used / repaired one instead.
Don't you have a phone?But I didn't, I bought a new bumper, and have been supplied a used / repaired one instead.
It's the afternoon of the day after you first posted, it's a weekday, and you are still rambling on here rather than having sorted this out.
Anyway back to the issue, agree - Credit Consumer Act if bought by card and/or Distance Selling Regulations apply
996TT02 said:
elliot_holder said:
Don't get me wrong, the repairs to the bumper seem of a good standard, and if I'd bought it as a damaged repaired bumper, I would be 100% satisfied.
But I didn't, I bought a new bumper, and have been supplied a used / repaired one instead.
Don't you have a phone?But I didn't, I bought a new bumper, and have been supplied a used / repaired one instead.
It's the afternoon of the day after you first posted, it's a weekday, and you are still rambling on here rather than having sorted this out.
Been on and off phone all day. Can't share all details but will once this is concluded to my satisfaction.
Following some further sleuthing tonight I've found a part number on the bumper
997.505.982.00
From all the gt3 parts catalogues I have there is no mention of this part number, so I assume its a 997 aero bumper - can anyone confirm?
If so, the story unravels further. If that's the case, I've then been sold a 2nd hand chopped up 997 aero kit bumper, which has been sold as a New GT3 bumper...
Following some further sleuthing tonight I've found a part number on the bumper
997.505.982.00
From all the gt3 parts catalogues I have there is no mention of this part number, so I assume its a 997 aero bumper - can anyone confirm?
If so, the story unravels further. If that's the case, I've then been sold a 2nd hand chopped up 997 aero kit bumper, which has been sold as a New GT3 bumper...
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