Consumer Rights Act 2015 - Partner Sale

[AsleepInYorkshire]

My parents in law purchased a wardrobe from The Range through their website.

The wardrobe was delivered and there were issues with missing parts and wrong parts. They returned.

Twelve weeks later they have not had a refund. The Range are saying they do not have to pay the money back as they sold the item "on behalf" of a trader.

https://www.therange.co.uk/furniture/be ... be/#456199

Can anyone point me in the right direction please. Is this an "unfair term" or just a way of trying to avoid giving the consumer their rights under the CRA 2015.

I propose to write to them giving them 7 days to make payment before issuing a County Court Summons. But this "structure" is a new one for me and I want to make sure I'm relevant when quoting various acts. Have The Range found a way of circumventing the CRA?

Thanks in advance

AiY(D)

[mc2fool]

All sounds like nonsense to me. So they neither have the wardrobe nor a refund ... bordering on a scam I'd say.

I suggest you report it to Trading Standards which, as a member of the general public, you have to do via Citizens Advice.

Citizens Advice will give you advice on your rights and how you should proceed with the company, and they will, if you ask, also pass the complaint onto Trading Standards.

It's unlikely that Trading Standards will directly follow up your complaint, but they'll keep it as weight of evidence in case lots of others are complaining about the company.

Start here: https://www.citizensadvice.org.uk/consumer/get-more-help/report-to-trading-standards/ and read it all, but follow the link to the Citizens Advice consumer service. Read all of that page then call them.

P.S. Also, find out before you call them how the goods were paid for, as it could well affect the advice given. If by credit or debit card your folks could just try telling the company they're going to ask their card company for a section 75 refund/chargeback, and the company might then just cough up, as if that happens they'll be hit with some fees by the card company which will make it more expensive than them just issuing the refund themselves.

[pje16]

on that link
https://www.therange.co.uk/furniture/be ... be/#456199
it is not stated "as being "on behalf" of a trader"
So they do not have no right to claim that it is
they are trying it on
PS good advice from mc2fool

[Stompa]

on that link
https://www.therange.co.uk/furniture/be ... be/#456199
it is not stated "as being "on behalf" of a trader"
So they do not have no right to claim that it is
they are trying it on.

Well it does say: "When buying partner items like this one, your contract of sale will be with our Range Plus Partner instead of us", though you do need to click on something to see it.

[chas49]

on that link
https://www.therange.co.uk/furniture/be ... be/#456199
it is not stated "as being "on behalf" of a trader"
So they do not have no right to claim that it is
they are trying it on
PS good advice from mc2fool

Immediately below the "Add to Basket" button, it says "The Range Plus - Sold and shipped by A RANGE PLUS PARTNER"

Just below that is a link to the returns option for the item

There it includes:

"This item is sold and dispatched by a Range Plus Partner
By working with a variety of trusted Range Plus Partners, we’re able to offer our customers a wider selection of products.

When buying partner items like this one, your contract of sale will be with our Range Plus Partner instead of us.

To learn more about The Range Plus and our partners, visit our Range Plus page here."

The Range Plus page tells potential partners that they are responsible for returns etc.

So, I think they are probably legally correct in saying that the dispute is with the partner. I would hope that The Range might assist you in dealing with them but that would be a customer service decision not an obligation.

[mc2fool]

The wardrobe was delivered and there were issues with missing parts and wrong parts. They returned.

Did they return it after going though the "returns options" link on the page you linked to, and then the "returns policy" link that says, inter alia:

"If your order arrives damaged or incomplete, please contact our Customer Care team immediately, quoting your order number and detailing the problem with your items. " https://www.therange.co.uk/returnsandrefunds/

I'd have thought that if it were just a case of missing and wrong parts they'd ask for and get the correct parts sent to them, rather than going through a return & refund.

Nevertheless, you have the right to return (almost) anything you've bought remotely (online, telephone, etc), and now they don't have either the wardrobe or the money, and clearly they should have one or the other, but did they go through the company's returns procedure? If not they may have confused the company's systems....

[AsleepInYorkshire]

Just catching up. Firstly thank you for all the replies. This was a new one on me so I just needed to refresh, update or find out for the first time how to get something together.

I've no idea if my reply to them is correct - but what the heck

I've sent this;

Notice To Commence County Court Proceedings within 3 Days
For the attention of ********* (Customer Care Advisor) Head Office
Service Date: 17-06-22

Dear Sirs,

I have, today, spoken with your customer services department, regarding the outstanding refund due to *****. Subsequent to the total lack of any constructive dialogue during my conversation, with your representative, and the unreasonable and protracted delay in issuing a refund, I believe it is entirely reasonable to escalate events.

Accordingly and on ***** instructions and behalf a County Court Claim will be raised not sooner than 21st June 2022 against The Range.

The Range have denied ***** several of his statutory rights. These are enshrined in The Misrepresentation Act 1967, The Consumer Rights Act 2015 and The Consumer Protection from Unfair Trading Regulations 2008.

I have copied an abstract from the latter below and note that The Range fail to adhere to items b and c. The Range have also remained silent regarding timelines of refunds within their terms and conditions. The above are some examples of the various acts that ***** will bring before the Court, but they are not exhaustive.

The Consumer Protection from Unfair Trading Regulations 2008

4) Where a commercial practice is an invitation to purchase, the following information will be material if not already apparent from the context in addition to any other information which is material information under paragraph (3)—

(a) the main characteristics of the product, to the extent appropriate to the medium by which the invitation to purchase is communicated and the product;

(b) the identity of the trader, such as his trading name, and the identity of any other trader on whose behalf the trader is acting;

(c) the geographical address of the trader and the geographical address of any other trader on whose behalf the trader is acting;

I note that The Range have confidence that a County Court action by ***** will fail. ***** will also seek reimbursement for any and all costs associated with his County Court actions including interest accrued on the monies withheld.

Having read The Range websites Refunds and Returns page ( Refunds & Returns (therange.co.uk) ) I note the following statement at the foot of that page which is highlighted below

Refunds
Once your returned items have been received, your refund will be processed within 3-5 working days. Your refund will be processed via the same method of payment that you used to pay for your order.

Finally I would draw your attention to the simple fact that The Range have had since the 6th April 2022 when the goods were returned to process a refund. This has not occurred and unless a refund is made on or before 21st June 2022 a County Court claim will be entered without further notice or discussion.

Thank you

Kind Regards

*****

AiY(D)