Need some advice chaps on return of goods

[Banana Man 0]

Well heres the story I bought this rc helicopter last week http://www.ebay.co.uk/itm/140774640882?ssPageName=STRK:MEWNX:IT&_trksid=p3984.m1439.l2649

 

Its an rtf 6ch heli just add batterys and off you go, well for me it wasn't I took it out of the book made sure it was all aligned ok and charged, took it outside for test flight, so I put it on the ground and increased throttle not fast enough to take off, just so I could make a ew adjustments on the tx and make sure the blades were tracking correctly, after about 2 mins of this the heli suddenly started to rotate and wobble so powered down, turns out one of the tail rotor holders with blade still attached had come away from the rotor hub and disappeared because the little screw inside if the tail rotor holder thats hidden by the rotor blade wasn't tightened properly at the factory.

 

Anyway I ve spoke to the seller and and he stated that I should have made certain all screws were tight which would have involved disassembly of the model to get to screws that are hidden. I replaced the parts that went missing but the helicopter is still unflyable servo's creeping and all sorts, so I basically have had enough with it, I asked the seller for return address as want to send back for refund as its faulty and not fit for purpose, he's replied 'refunds can only be given for unused models returned in the first 14 days or for faulty models returned to us that cannot be repaired or replaced'

 

As the item is faulty and its within 14 days I can still return for refund even though its been opened can't I?

 

Any advice would be appreciated

[Jim Bowen 1]

I am sure your well within your rights to return it, read up on the sales of goods act, i've used it quite a few times for phones etc

 

I find its whoever gets the most stubborn about things usually wins, Of course their first port of call is to try and fob the customer off.

 

I sometimes go to the people who make the product and explain what has occured with the seller, and it goes from there.

[Wendy 0]

As it is over £100, you also have come back via your credit card - assuming you paid it that way of course.

[tentonhammer 10]

If paid for via Paypal - they'll get you a refund. You'll need to open a dispute with them explaining everything you have just said. Paypal will do the rest

[ANDREW 30 0]

I would think this statement taken from the sellers description totally covers you: The radio controlled helicopter is described as RTF (ready to Fly) so all you need to add is 8 AA batteries for the remote controller (available as an option on top of the page), charge the LiPo battery supplied and you will be in the air showing everyone how it's done.

 

Push the issue and also open a dispute before the 14 days are up, i'm sure paypal would refund your money anyway!

[Banana Man 0]

I paid via paypal so protected that way, but I not sure where I stand in the fact the I replaced the parts that flew off due to the original fault, I finding it hard to interpret the distance selling regs, one of the rulings says if returned within 6 months the consumer doesn't have to prove original fault and its upto the retailer to prove the original fault occured after the consumer received the item ( guess can only prove that if he inspected the helicopter and flew it before sending)

 

Another states retailer can refuse replacement or repair if the consumer attempts to repair themselves, doesn't say anything about entitlement to refund

 

 

The usual story with paypal is that the seller is within rights to partial refund so I would have to pay for the original postage and the cost to send it back to them, so thats £20 plus the £15 I ve already had to spend to replace the parts that flew off.

[ANDREW 30 0]

Have you told the seller that you made a repair to it?

[Jim Bowen 1]

yeah i wouldn't mention you repaired it, as part of the goods act is them offering the chance to repair it.

[Banana Man 0]

When I first brought this issue to him he told me to read the terms and conditions in his shop, he said rtf is just a term and then gave examples of an aeroplane rtf model requires some assembly like wings and stuff but does this excuse really cover screws not being tight etc etc he's full of s*it and wants to get out of it anyway he can.

 

 

 

http://stores.ebay.co.uk/Donny-Hobbies/Terms-and-Conditions.html

 

---------- Post added at 2:36 PM ---------- Previous post was at 2:33 PM ----------

 

He knows about the rotor holder replacement as he gave me £5 towards the parts aparantly what it would cost them to replace the parts.

[JMC 0]

Courtesy of Wikipedia

 

Ready to Fly (or RTF) is a term used to describe radio controlled airplanes or radio-controlled helicopters that are supplied fully built with no assembly required.

 

An almost ready to fly (ARF or ARTF) kit is a radio-controlled airplane kit that comes partially built, usually just requiring final assembly to complete.

 

If its described as RTF then you add batteries and off you go...

 

Basically sounds like a design flaw. Sting the b*gger, invoke sale of goods and fit for purpose acts if need be but don't have him fob you off with RTF being a term that applies to things that need building.

[Banana Man 0]

He just responded with this

 

We have given you a decision based on the loose parts and this was the same decision from our suppliers. The loose parts do not constitute a faulty model and the owness is on you to check the model before use.

 

We work well within the distance selling rights and actually provide a longer period than the required 7 days to return.

 

Best Regards,

 

 

 

 

 

So I ve uploaded a vid of the creeping servo

which I think maybe a receiver problem dunno dont care now, told him to either repair/replace or refund or I will open paypal dispute, will see what he says

[ANDREW 30 0]

Good luck i'm sure you'll do okay out of it, the bad feedback you leave him on ebay won't help his cause either!

[Banana Man 0]

He hasn't replied so I'll just open a dispute let it be dealt with that way.

 

On the plus side just been to a local model shop and bought a very nice package, really nice bloke to talk to as well and very helpfull did me a great deal throwing loads of extras and discounting the prices not as cheap online but great customer service :)