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Curiously: Online retailer says that CRA 2015 doesn't apply & wants to destroy goods
I purchased a service kit (£140) for my vehicle from an online retailer with a credit card. Parts of the kit did not work and the online retailer initially refused to accept the return stating that they Consumer Rights Act 2015 does not apply in this instance as the goods were "absolutely fit for purpose" and "genuine" as well as being "exactly as described in our advert".
The parts have since been returned within the 30 day period but the online retailer says that they will test them; and if they are not faulty - no refund will be given; but if they are faulty then the fault was due to my vehicle and no refund will be given in that case as well.
What should I do in this instance? Section 75 claim? Details below.
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Parts of the kit (the spark plugs) did not work on my vehicle and appeared to be faulty as they caused an error/problem with my vehicle when they were installed by my mechanic. When the parts were subsequently removed and replaced with alternatives (approximately two hours after they were installed), the error immediately disappeared. The car has experienced no issues since.
I repackaged the faulty parts in their original packaging and I immediately contacted the retailer to return these parts but this was met with an immediate refusal.
I continued to insist that I wanted to return these parts as they were unfit for purpose.
The retailer says that the probability of the parts being faulty is zero as they are "Genuine" and that they have sold "thousands of them" with no issue. The odds that they would all fail at once was a technical improbability.
The online retailer then claimed that the Consumer Rights Act 2015 does not apply in my case as my vehicle is faulty and this caused the parts to fail.
I eventually managed return the parts within 30 days of the date of delivery at my own expense.
The online retailer now says that upon receipt of the returned parts they will test them: if they are faulty then the fault is due to my vehicle; and if the parts are not faulty - they will return them to me provided that I pay for the return - if I refuse to accept them back - they will be destroyed.
The parts have since been returned within the 30 day period but the online retailer says that they will test them; and if they are not faulty - no refund will be given; but if they are faulty then the fault was due to my vehicle and no refund will be given in that case as well.
What should I do in this instance? Section 75 claim? Details below.
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Parts of the kit (the spark plugs) did not work on my vehicle and appeared to be faulty as they caused an error/problem with my vehicle when they were installed by my mechanic. When the parts were subsequently removed and replaced with alternatives (approximately two hours after they were installed), the error immediately disappeared. The car has experienced no issues since.
I repackaged the faulty parts in their original packaging and I immediately contacted the retailer to return these parts but this was met with an immediate refusal.
I continued to insist that I wanted to return these parts as they were unfit for purpose.
The retailer says that the probability of the parts being faulty is zero as they are "Genuine" and that they have sold "thousands of them" with no issue. The odds that they would all fail at once was a technical improbability.
The online retailer then claimed that the Consumer Rights Act 2015 does not apply in my case as my vehicle is faulty and this caused the parts to fail.
I eventually managed return the parts within 30 days of the date of delivery at my own expense.
The online retailer now says that upon receipt of the returned parts they will test them: if they are faulty then the fault is due to my vehicle; and if the parts are not faulty - they will return them to me provided that I pay for the return - if I refuse to accept them back - they will be destroyed.
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