what are my rights? withholding refund

[Kerelise]

Had similar - I argued that my contract to purchase the part was with him, and not his supplier; and he also had a contract with his supplier to send the correct part after he bought it, not me. See the same on eBay when seller posts an item, and in the ad says that if there's an issue with the courier / damaged on arrival etc, then buyer has to take it up with the courier. Nope. buyer has no contract with the courier as I didn't arrange the delivery service...

 

[Gritineye]

^^^ Correct.

 

[winchman]

As above
Usually the seller hasn't a clue about the legalities.
Basically the contract is with him, he hasn't fulfilled it so money back

 

[julianf]

This is for my forklift thou used for my business it’s not a machine bought thru the business, paid for and maintained out of my own pocket As was the part.

And yes bought via distance, his supplier sent it to him, him to me and me back to him.
I have the receipt off him and the proof of posting and all correspondence.

Update, he said he will contact his supply again and let them known I’m
Not happy and see what they say.

If it was paid for with personal money, its a personal purchase. Makes no odds what you do with it thereafter. You bought it as a consumer, not a business.

If you paid for it from a work account, then.... but if its a personal account, then its distance selling regs. You dont have to care about the company you bought it from's issues with their suppliers. They're entirely irrelevant to your distance selling regs rights.

There are exemptions. Custom stuff and the like, but if it was a stock part, its clear cut. Restocking fees only come into it if you have changed your mind. If they sent out the wrong part, then its cut and dry (or at least will be).

Just send the notice before action letter, and make it all clear cut.

 

[ajlelectronics]

Restocking fees only come into it if you have changed your mind.

Nope, you are entitled to a full refund including carriage to you as long as you notify your intention to return within 14 days. You, the buyer can only be held responsible for the return carriage.

 

[PhillipM]

I think if it's an incorrect or faulty item you can make them pay the return carriage too. You should only be paying return if you changed your mind on an item that was fine, or ordered the wrong thing yourself.

 

[gaz1]

Nope, you are entitled to a full refund including carriage to you as long as you notify your intention to return within 14 days. You, the buyer can only be held responsible for the return carriage.

are you sure ?
if you was discussing change of mind then the above is true

the item supplied isnt the item that was ordered therefore shouldnt have been sent out

the refund and return carriage should be refunded back to the buyer

the buyers responsability is to package said item properly so it dosnt get damaged in transport like it was delivered to him in a package

otherwise the buyer is dumped with return costs for an item he didnt order in the first place

 

[ajlelectronics]

I think if it's an incorrect or faulty item you can make them pay the return carriage too. You should only be paying return if you changed your mind on an item that was fine, or ordered the wrong thing yourself.

Which is correct.