Creative licence or a rip off?

[Lonewolf]

A magnesium GTR deserves a magnesium Bagster tank cover or so I thought. I saw one on  Ebay last week being sold by Total Triumph in Taunton, Somerset. It started off at 99 pence and ended up being won in the auction by me for £43.00 + £10.99 postage. Excellent I thought 

Here's the ad from Total Triumph, note the bit about its condition, (condition is very good, no damage, rips or tears), just what I was looking for.




Here's the picture they used.....



Looks good doesn't it?

Here's the cover when it arrived this morning.



Oh, hang on a second what's that? Is that a hole underneath the strapping?



WTF is that????   That is not my idea of good condition, no damage, rips or tears. I've tried it on the bike and it looks a right mess. The ad says no returns, trust me it'll be going back and I'll be getting a full refund, every penny including my postage. Why is it that people try to rip you off like this.

Email winging its way to Total Triumph as we speak. 

[tapps]

what no refund,i'll tell you now i i paid for that,THEY WOULD BE GETTING IT BACK ONE WAY OR ANOTHER,that's appauling.you can call it what you like,that's false advertising(no rip's or tear's,it's a load of  :shit:i would try & make a claim,i take it you paid by paypal,get in touch with them & let them know the score,at the end of the day it's NOT AS DESCRIBED.

[Mogster]

Do we have someone near there that can go in and 'have a word' 

[routemaster]

Hi

That is a great shame. As mentioned previously if you paid via Paypal then contact them, the other thing if they say no returns then they  are breaking the law under the distance selling regulations which have been in force since 2000 - basically buying goods/services on-line, by telephone, catalogue etc. Below is an extract from the Business Link web site but  a search on tinternet will find plenty of information.

Customers rights to return goods and cancel services When selling to consumers online or using distance-selling methods customers have the right to change their minds and either return the goods or cancel the services. This period of time is known as the cooling-off period during which they have an unconditional right to cancel.
In the case of services, the cooling-off period normally ends seven working days after the day the order was made - or after written confirmation is received.
In the case of goods, the cooling-off period normally ends seven working days after the day the goods are received.
Consumers must inform you in writing - by letter, fax or email - of their decision to cancel.
Consumers' money should be reimbursed as soon as possible - within a maximum period of 30 days.
Your contract should also specify who pays the postage fees to return unwanted goods.
As it says above you must inform them in writing - try this BBC web site for a sample letter http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/08/27/get_your_refund_distance_selli.html

Best of luck

Kind regards

Steve

[Kwikasfuki]

As Steve says above, consumer law is on your side.

The one in the main pic looks nice.

The one you received however ...

[Lonewolf]

I have a feeling that the Distance Selling Regs are not applicable for items purchased through an auction, I'm sure they only apply to goods bought through a classified ad or Buy it Now.
Either way I would expect Total Triump to accept that they are in the wrong and resolve it, if not I have ways to make them. An email has already been sent. 

[Kwikasfuki]

I have a feeling that the Distance Selling Regs are not applicable for items purchased through an auction, I'm sure they only apply to goods bought through a classified ad or Buy it Now.
Either way I would expect Total Triump to accept that they are in the wrong and resolve it, if not I have ways to make them. An email has already been sent. 

They do apply if the item was sold by a business. In your case it looks like it was

[Lonewolf]

Right thats interesting, yes, they are a business, so I should be ok. I'll let you know what they say tomorrow

[Lonewolf]

Just had a look on Ebay's Customer protection section and found this.
Your legal rights and obligationsThe Consumer Protection (Distance Selling) Regulations 2000 generally apply to sales to consumers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there's no face-to-face contact between the seller and the consumer before the contract is made. The Distance Selling Regulations apply to items purchased via Buy It Now listings and Second Chance Offers on eBay.co.uk. However, they don't apply to auction-style listings on eBay.co.uk.

So its just going to have to boil, down to being diplomatic with  a few threats thrown in if they do not comply!!

[ChrisB]

Be cautious when quoting rules and regulations, get your facts correct before going in feet first. Distance selling regulations do not apply to auction sites in some instances.  You may be better quoting the sale of goods act 1979. Misrepresentation and misleading by omission are the first thoughts that come to my mind. Any way, if I would suggest you ring them first and ask them what they are prepared to do to make things right. I would also give Trading Standards a call and tell them the score. Trading standards keep a record of complaints about retail outlets and take action when the quantity reaches a certain level.

To support you, I am sure that everyone here would love to send the Triumph dealer an email expressing their thoughts.

[Lonewolf]

Chris, yep, my post above confirms there is no protection to a buyer under the DSR for goods purchased on line via an auction. I have sent them an email, firm but courteous, I'll call them tomorrow morning also and see where their stance is. Trading Standards are always an option if they play hard ball.

[ChrisB]

Another thought. Send a copy to Triumph GB telling them this is how their dealer rips off the public and why you wouldn't buy a Triumph.

[Lonewolf]

Good idea, do you have an address for Triumph GB?

[Kwikasfuki]

Hold on. See what they say first!

[Lonewolf]

Hold on. See what they say first!

Will do, not going to go in leaf blowers blazing, will see what their recation is as you say. If they have any ethics they will apologise profusely for the misunderstanding and make matters right.