Am I right to be annoyed about this? - Airsoft World

[Tamberlin]

Hi everyone,

 

I purchased two GHK G5 magazines from Airsoft world, which arrived yesterday. Now, the page on their website shows a picture of a black G5 magazine, and no colour option of any kind. Because of this, I assumed they'd come as black.

 

I was wrong. They came in dark tan. Now, I know this is a bit picky, but the mags are damn expensive as it is (my order was £90 in total) and for them to come in a colour which, in my opinion, really doesn't suit the black G5, well, I'm just annoyed.

 

Is it fair to return them or is it not really worth the hassle?

 

Regards,

 

Alfie

[Esoterick]

If you wanted black mags you are well within your rights to return them and it's not unreasonable to do so.

[Tamberlin]

If you wanted black mags you are well within your rights to return them and it's not unreasonable to do so.

Well, the only thing is that the package will weigh about 1kg in total, and the postage will be fairly damn high to send them all the way back up to Scotland from Surrey..

[joshcowin]

Send them back with I post parcels £7 odd for up to 2kg think its 200x200x200mm size

[proffrink]

That's more expensive than RM. 2nd class recorded 2kg 'medium parcel' is £5.99 (61x46x46cm) and a recorded 2kg 'small parcel' is £3.90 (45x35x16cm). https://parcel.royalmail.com/

 

OP: Be sure to make sure it's a recorded/signed for delivery in case they say it never showed up. Ask them to cover the return postage once it's received. May have been a simple mistake on their end if the GHK mag boxes are anything like they used to be (i.e. not marked with a colour).

[Tamberlin]

That's more expensive than RM. 2nd class recorded 2kg 'medium parcel' is £5.99 (61x46x46cm) and a recorded 2kg 'small parcel' is £3.90 (45x35x16cm). https://parcel.royalmail.com/

 

OP: Be sure to make sure it's a recorded/signed for delivery. Ask them to cover the return postage once it's received. May have been a simple mistake on their end if the GHK mag boxes are anything like they used to be (i.e. not marked with a colour).

I checked the boxes to make sure (I'm slightly colour blind and I couldn't tell if it was dark grey), and there is no marking whatsoever on them, so yes, it could just be an honest mistake. But I find it odd that they wouldn't let you choose.

[joshcowin]

Sorry should have said that's next day collected from your house

[Mr Monkey Nuts]

Its their fuck up, they should refund your postage, or better still arrange collection to have them exchanged.

 

They have changed the name of the laws now and i can't recall them, but google the Distance Selling Regulations, they outline your rights as an online shopper.

[Tamberlin]

Sorry should have said that's next day collected from your house

Sorry, I don't quite understand.

[GiantKiwi]

Ask them to cover the return postage once it's received.

 

 

Consumer Contract Regulations 2014 - no legal requirement for them to cover the cost of return postage any more, so they will probably refuse. Also if you selected faster delivery than their base cost, they only have to refund the base cost amount.

 

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations#cancelling-goods-and-services

 

Also, Consumer Rights Act replaced Sale of Goods Act as of October last year - http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

[Tamberlin]

 

They're no longer required to do that if the item isn't faulty, thank you consumer contract regulations 2014 -.-

I guessed as much. But I think that they should either: have a clear option choice of black or tan, or just send out the black mags, like they showed. I feel pretty misled by them after spending so much on mags.

[ImTriggerHappy]

 

 

Consumer Contract Regulations 2014 - no legal requirement for them to cover the cost of return postage any more, so they will probably refuse. Also if you selected faster delivery than their base cost, they only have to refund the base cost amount.

 

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations#cancelling-goods-and-services

They would be liable for return postage as the goods received are not what was ordered. Hes not cancelling an order hes returning an incorrect item his rights are the same as if its faulty.

 

Send them back tell them you either want the colour you ordered or a full refund.

[GiantKiwi]

They would be liable for return postage as the goods received are not what was ordered. Hes not cancelling an order hes returning an incorrect item his rights are the same as if its faulty.

 

Send them back tell them you either want the colour you ordered or a full refund.

 

Wrong. Very Wrong.

 

That was true with Distance Selling Regulations, they do not exist any more. http://www.moneysavingexpert.com/news/shopping/2016/03/revealed-13-major-stores-web-return-rights-are-wrong

 

1. Almost all goods bought online can be cancelled. Unlike buying in-store, buy online and you do have an absolute right to cancel. The key exceptions, though, are personalised and perishable goods.

2. You've up to 28 days after DELIVERY to return goods. That's 14 days to cancel and 14 days after cancellation to return.

3. The refund is for the goods AND delivery charge. Though if you chose faster delivery you only get the basic cost back.

4. You aren't entitled to the cost of sending the goods back. So beware if ordering from elsewhere in the European Union as returning them can be expensive.

5. If goods are faulty you are then entitled to reasonable costs of return back. In this case theConsumer Rights Act comes into play.

[proffrink]

One would hope they'd refund you anyway to keep you happy, but that's interesting. I'd certainly be writing a poor review on here if they didn't.

 

I thought those particular laws are surrounding the 'right to cancel' though. I.e. you're not entitled to a refund on postage if you get cold feet and choose to cancel within those 14 days (as you're entitled to with any distance purchase). I was under the impression that the liability for a refund in the case of an incorrect item is completely outside the remit of Consumer Contract Regulations 2014, which only aims to outline the 'right to cancel' (amongst other things).

 

Can you imagine what a bonkers world it'd be if the buyer was always liable for return postage?

 

As far as I know, it's always been the Consumer Rights Act that has put the cost on the seller should the item have to be returned in the case of a fault, but I'll edit this post if I can find something.

 

Edit:

Paragraph two here. Trying to find the actual law within the Consumer Rights Act is basically a nightmare because I ain't no lawyer man so I 'unno: http://whatconsumer.co.uk/returns-and-refunds/

 

This might help too, but I'm not sure: http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/

[ImTriggerHappy]

You keep referencing cancelled but its not cancelled its not the product ordered so its the same as receiving faulty goods.

 

This is out of what you referenced earlier

 

Returning faulty goods

 

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

 

So, if your goods are faulty and dont do what they're supposed to, or dont match the description given, you have the same consumer rights under the Consumer Rights Act (which replaces the Sale of Goods Act from 1 October 2015) as you have when buying in store.

 

Any terms and conditions that say you must cover the cost of returning an item wouldnt apply where the goods being returned are faulty.

[GiantKiwi]

You keep referencing cancelled but its not cancelled its not the product ordered so its the same as receiving faulty goods.

 

This is out of what you referenced earlier

 

Returning faulty goods

 

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

 

So, if your goods are faulty and dont do what they're supposed to, or dont match the description given, you have the same consumer rights under the Consumer Rights Act (which replaces the Sale of Goods Act from 1 October 2015) as you have when buying in store.

 

Any terms and conditions that say you must cover the cost of returning an item wouldnt apply where the goods being returned are faulty.

 

Dude, I worked for one of the bigger UK Independent online games retailers for 2 years, I had to sit through a 6 hour seminar on the regs when these came in, seminar was led by a consumer rights lawyer with 20 years of experience in the field. You are wrong. By returning the goods, correct or not, you are invoking a cancellation as far as the law cares.

[proffrink]

Do you have something about this that we could read? It's news to me that the onus for getting it back to the seller is on the buyer in the case that the item is incorrect. Can you imagine how costly that would be in the case of having something larger delivered like building materials or an item that needs multiple thousands worth of insurance like an expensive watch?

 

No doubt you're right. Just wondering if there's more on it.

 

As a side note for OP: PayPal has their own policy in place for this that's much more geared towards the buyer, so if it does turn out that you need to pay return postage then there are ways you can claim that back through them if you're bothered enough. I believe it would mean opening a dispute though, so hey.

[ImTriggerHappy]

If the goods are not as described then they are classed as faulty. If the seller does not correct the error then you can return the goods for a full refund and the seller is liable for postage.

 

Its not a cancellation.

 

Doesn't matter what you are told in a seminar consumer law is consumer law.

[Guest PT247]

The airsoft World listings for GHK magazines is crap.... it has a picture of a G5 mag when referencing the M4 mag. It does however clearly state on the G5 mag listing that they are tan or am I missing something?

 

[ImTriggerHappy]

When I typed in GHK G5 mag last night I got a different result to whats coming up now🤔

[GiantKiwi]

If the goods are not as described then they are classed as faulty. If the seller does not correct the error then you can return the goods for a full refund and the seller is liable for postage.

 

Its not a cancellation.

 

Doesn't matter what you are told in a seminar consumer law is consumer law.

 

You can blow enough hot air to fill an entire hot air balloon, and you will STILL be wrong - http://www.legislation.gov.uk/ukpga/2015/15/pdfs/ukpga_20150015_en.pdf

 

Page 13, Section 11: Goods to be as described - Point (4) - Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.

 

It's a cancellation. Definitively a cancellation, defined by the legislation documentation. /EOD.

[ImTriggerHappy]

But the goods were not as described. It showed the mags in black and never said colour may vary.

 

Wrong colour not fit for purpose not as described.

 

If you buy a black car and they deliver a white one you don't have to pay for a truck to take it back. The onus is on the seller to provide goods as described and if they dont without informing you they are in breach of contract.

If the op took them to small claims he would win.

Its not a cancellation.

 

As for "EOD" world doesn't work like that.

[proffrink]

Ok, from a quick read could you maybe clarify this?

 

If we check section 20 (page 18) 'Right to reject' and 22 (page 20) 'Time limit for short-term right to reject' then it says the following:

Also, apologies for the formatting. Damn .pdfs

(7) From the time when the right is exercised—

(a) the trader has a duty to give the consumer a refund, subject to subsection (18), and

( the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

 

 

 

 

 

 

In section 22 we see that he/she has up to 30 days to do this from the POS.

 

 

 

 

Edit

Fixed formatting

[Lozart]

 

You can blow enough hot air to fill an entire hot air balloon, and you will STILL be wrong - http://www.legislation.gov.uk/ukpga/2015/15/pdfs/ukpga_20150015_en.pdf

 

Page 13, Section 11: Goods to be as described - Point (4) - Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.

 

It's a cancellation. Definitively a cancellation, defined by the legislation documentation. /EOD.

 

Para (a) Schedule 2 (Schedule 1 only applies to on premises purchase) states: the main characteristics of the goods or services, to the extent appropriate to the medium of communication and to the goods or services;

 

It says nothing about cancellations. If the information describing the "services" part of that doesn't explicitly say that return postage of goods not as described will not be covered then how would the piece of the CRA that you quoted have any relevance?

[Lozart]

Consumer rights act Sect 20: Right to reject

(7) From the time when the right is exercised— (a) the trader has a duty to give the consumer a refund, subject to subsection (18), and ( the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

 

(8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

 

 

I obviously draw specific attention to the second part there.