What are my rights???..what do I do now? **UPDATED**

Found 7th Jan 2010
I bought a dell printer from oyyyy.co.uk..it arrived today with no cartridge!....i spoke to oyys live help and she asked me to check packaging twice for it and its not there..she said that they all have cartridges and wouldnt be sent out without one....so i said im not happy with this so she said she would phone me later after she spoke to her manager...anyway she phoned me back asking me to recheck the package which i did..still no cartridge..she proceeded to say that they sell hundreds of these printers and no one has ever said they come without a cartridge and that she would have to speak to her manager again...anyway i have just received this email.....im not happy!..what can I do?
thanks

"Good afternoon,



Following our telephone conversation this afternoon I have again spoken with my product manager regarding your issue.

I can again confirm, that as advised the colour cartridge would be included within the package. The cartridge is of such a proportional value to the machine that they are specifically checked prior to shipping from Dell where they are sealed.


In keeping with our earlier discussions I understand you have not been able to locate this cartridge but would again ask that you search through the packaging and around the area where the item was unpacked. On the handful of occasions over the years where this situation has arose on every one the customer has subsequently found the goods, in some cases in some very strange places.



Given that the item would have shipped with the cartridge we would not be able to provide a replacement.



Regards

[email protected]"

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30 Comments

Is it already in the printer?

Original Poster

lol no....Its been checked, checked, and rechecked....everywhere!

J.Dance;7461178

Is it already in the printer?

If printer has no cartridges it must be a recon or second hand ?
You want a new printer thats what you paid for.

Distant selling rights etc say you can return an item for a full refund.

if done on line i take it you paid by Credit Card. Return the item if they refuse to refund you apply for cahrge back through your credit card.

J.Dance;7461178

Is it already in the printer?



this would be my suggestion,or taped under the cartridge housing-failing that,there is NO WAY they can prove it was in a sealed package and refuse to replace-no matter how careful a factory is,it is perfectly possible they mad an error when packaging and she cant prove otherwise-their customer service seems to be just punting the blame on the customer which seems a bit poor imho.

Original Poster

I've told then that 4 times, or a cartridge...they wont budge..they said Dell insist they put a cartridge in every printer box...so I must be lying in their eyes..

bigwheels;7461201

If printer has no cartridges it must be a recon or second hand ?You want … If printer has no cartridges it must be a recon or second hand ?You want a new printer thats what you paid for.

Send it back


simples :thumbsup:

Banned

Speak to trading standards.

There current stance is simply illegal. Would suggest you tell them this, give them 1 last chance to get there finger out of their ****, and if not - report them.

Original Poster

It would cost me a fortune to send back..then extra insurance in case they dont admit receipt of the printer..I think that would make things worse.

transit;7461230

Send it backsimples :thumbsup:

sindy;7461258

It would cost me a fortune to send back..then extra insurance in case … It would cost me a fortune to send back..then extra insurance in case they dont admit receipt of the printer..I think that would make things worse.



Check their returns policy, either way you must send it back :thumbsup:

Returns policy,

oyyy.co.uk/pag…ns/ :thumbsup:

you need to get a goods return note off them and they will organise collection

Banned

fibbing?

Original Poster

They have to refund me the return postage if I voluntarily send it back and seeing as they wont even acknowledge the item I purchased is incomplete then I'm sure they wont refund me....and they wont send a courier out to collect it because they aren't taking any blame

transit;7461275

Check their returns policy, either way you must send it back :thumbsup:

sindy;7461258

It would cost me a fortune to send back..then extra insurance in case … It would cost me a fortune to send back..then extra insurance in case they dont admit receipt of the printer..I think that would make things worse.



that is your option, i dont understand what else you want to be told....if you dont wanna send it back - if not then buy a cartridge

Original Poster

Thanks, yes I will email them and remind them of the Distance selling regulations act and ask them politely to send a courier or a cartridge...thanks

vibeone;7461245

Speak to trading standards.There current stance is simply illegal. Would … Speak to trading standards.There current stance is simply illegal. Would suggest you tell them this, give them 1 last chance to get there finger out of their ****, and if not - report them.

Original Poster

loupomm;7461356

that is your option, i dont understand what else you want to be … that is your option, i dont understand what else you want to be told....if you dont wanna send it back - if not then buy a cartridge


I do want to send it back but they are NOT admitting theres anything wrong or offering to send a returns note or courier
If they had admitted being at fault of course I would send it back by my own means,,but it will cost alot of money to send and insure this item and what if they dont refund me that back either?
and they have no intention of sending a courier to collect it.

sindy;7461316

They have to refund me the return postage if I voluntarily send it back … They have to refund me the return postage if I voluntarily send it back and seeing as they wont even acknowledge the item I purchased is incomplete then I'm sure they wont refund me....and they wont send a courier out to collect it because they aren't taking any blame



Go down the unwanted item route then, stating you do not want it due to it being incomplete, they have to accept a return :thumbsup:

Original Poster

Ok I hav e emailed them thanks for your replies

sindy;7461510

Ok I hav e emailed them thanks for your replies



Good luck :thumbsup:

Ask them to check the weight of your order (which they must have for the carrier) and then compare it to a unit with a cart in. There should be a difference. . .

How much is a cartridge?

I think someone at oyyy is having a bad day and your the one they are having a dig at!
As everyone said DSR but lets see what they say next.
Did you pay Credit card? Perhaps a word with them...
Let us know what they say next.

Surely there is a possibility that the item has been returned to the company with the cartridge missing; who's to say that a previous customer hasn't taken it and the unit put back into stock.

Banned

section 14 of the implied terms i think may help

defo not right under trade descriptions

Original Poster

She asked me for the serial number so she could check the weight but theres been no mention of this since.

steve1221;7461562

Ask them to check the weight of your order (which they must have for the … Ask them to check the weight of your order (which they must have for the carrier) and then compare it to a unit with a cart in. There should be a difference. . .

Original Poster

I Paid with Debit Card.

lawe;7461657

I think someone at oyyy is having a bad day and your the one they are … I think someone at oyyy is having a bad day and your the one they are having a dig at!As everyone said DSR but lets see what they say next.Did you pay Credit card? Perhaps a word with them...Let us know what they say next.

Original Poster

19.99 from Dell

thesaint;7461571

How much is a cartridge?

What printer is it and do you have a link to the retailer's site?

Original Poster

They have replied here is their reply below!.

"Thank you for your email.



I can understand your frustration that we will not replace the cartridge, however we remain convinced that the missing cartridge was contained within the package originally delivered.



Oyyy are aware of the distance selling regulations. Your right to return the machine is correct, however for us to accept the return under the DSR's the goods would need to be returned complete which they are not.



Given that you clearly feel that we have not treated you fairly we will in this instance accept the return without the missing cartridge as a gesture of goodwill provided that the item is returned at your expense and in an as new condition. We would recommend that the item is returned using an insured signed for service. If you wish to proceed with this please let us know and we will issue a returns number.



Kind Regards,"

Original Poster

So I sent them an email back which is below:

"You have seriously contradicted yourself in the statement below Quote "we remain convinced that the missing cartridge was contained within the package originally delivered. "

And then you said "Your right to return the machine is correct, however for us to accept the return under the DSR's the goods would need to be returned complete which they are not."

This would not fair too well legally, It is not my responsibility to pay for an item to be returned when it is not the buyer's fault that an item was sent incomplete.

I will be now taking this further unless you bide by The DSR."
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