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Cartridge returns and consumer rights

Seanm

pfm Member
I bought a B-stock cartridge recently from an established dealer, described as brand new and flawless - it was listed as B-stock only because of slight damage to the external packaging.

When I received it the external packaging was badly worn, there were scratches on the internal packaging - I mean, inside the box itself, next to the cart - the cart itself had a small scratch on it and the cantilever was twisted. It didn't look new to me.

I returned it. They've now been in touch gently implying that I twisted the cantilever myself. They're not refusing a refund, but they're suggesting it will be conditional on them getting their money back from the manufacturer.

Anyone know what my rights are here? Presumably they could claim I'd kept their cart and returned a used one.
 
Your rights are simple. It arrived not as described - it was not 'brand new and flawless', so your are entitled to repair or redress. And any argy about refund from manufacturer is irrelevent - your claim is only with the supplier. What he does after that is up to him.

I assuming your are in the UK. If it starts to go badly, your credit card can help you (you did use a credit card, I hope!). You get your money back from Visa or Mastercard and they have an argument with the retailer.
 
Presumably as you didn’t see this at point of sale, you bought it online? In which case the distance selling regs are your friend. You have an absolute right to simply change your mind, no reason required. The seller can’t make it conditional, as far as I’m aware.
 
Thanks both. Yes, internet sale, via PayPal, so in theory I'm covered. I just don't know why they're being so difficult about it, unless they genuinely think I'm trying to rip them off. And if they think that then I guess they might continue to be difficult.
 
Your rights are simple. It arrived not as described - it was not 'brand new and flawless', so your are entitled to repair or redress. And any argy about refund from manufacturer is irrelevent - your claim is only with the supplier. What he does after that is up to him.

I assuming your are in the UK. If it starts to go badly, your credit card can help you (you did use a credit card, I hope!). You get your money back from Visa or Mastercard and they have an argument with the retailer.
Sec 75 only applies if over £100 where credit cards are used and paying via pay pal can be problematic with credit cards.
 
Sec 75 only applies if over £100 where credit cards are used and paying via pay pal can be problematic with credit cards.

I believe that section 75 ceases where a third party is financially involved. Paypal is that intermediary, so I'd be surprised if you have a claim under section 75.
 
I bought a B-stock cartridge recently from an established dealer, described as brand new and flawless - it was listed as B-stock only because of slight damage to the external packaging.

When I received it the external packaging was badly worn, there were scratches on the internal packaging - I mean, inside the box itself, next to the cart - the cart itself had a small scratch on it and the cantilever was twisted. It didn't look new to me.

I returned it. They've now been in touch gently implying that I twisted the cantilever myself. They're not refusing a refund, but they're suggesting it will be conditional on them getting their money back from the manufacturer.

Anyone know what my rights are here? Presumably they could claim I'd kept their cart and returned a used one.
Chancing their arm. I wouldn’t touch them with a barge pole again. Surely PayPal covers this?
https://www.paypal.com/uk/webapps/mpp/paypal-safety-and-security
 
Well spotted! Didn’t know they had an eBay ship. Yes, that’s the one. They haven’t mentioned the twisted cantilever (very slight, to be fair), which they acknowledged to me (implying that I’d caused it) and they’ve photographed it to obscure the damage to the inside of the box. Having now received a new one (not from these guys) I’m pretty confident that this one is not new - the cantilever assembly was far from pristine. Just my opinion: they swore blind it is new.

It took a phone call to get my money back, and even then there was a lot of talk about the difficult position I’d put them in, and how a credit note would really be more appropriate. As Decameron says, chancing their arm.
 
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Glad you got your money back, their Ad does look dodgy especially not showing the cantilever/stylus, defo set off alarm bells.

Be interested in your thoughts on the ART9 and what TT etc you run. It’s a cart I fancy trying either it or the ART7, which seems to rarely get any mention, now new versions are out was thinking I might get a bargain on old stock.
 
Glad you got your money back, their Ad does look dodgy especially not showing the cantilever/stylus, defo set off alarm bells.

Be interested in your thoughts on the ART9 and what TT etc you run. It’s a cart I fancy trying either it or the ART7, which seems to rarely get any mention, now new versions are out was thinking I might get a bargain on old stock.

Cheers, will do. I'll be putting it on an Orbe/Funk FX-R.

I got this new one from Analogue Seduction's eBay shop (chord2425), which I mention because they gave me a deal. They'd been running a 5% discount on the cart which I missed because I was waiting for the refund, and when I messaged them to ask if they were likely to run the deal again they offered it to me at the discounted price.
 


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