After a lot of haggling they initially offered me 25% off the original order but I insisted that the mat was not as described/fit for purpose, I don’t want it nor am I paying anything for it.
They explaned that their trunk mat will only cover the base area of the trunk and that do not manufacture full trunk covers . They said the pictures I attached from their website are for a different car model which has an adjustable trunk board while my car model does not come in such configuration.
I told them that that is not made at all clear on their site, especially when I had already indicated the make and model of the car having selected the footwell mats and at that price it’s reasonable to expect something more than a postage stamp in comparison with the main mats.
Eventally they offered my a refund but only AFTER I send the mats back at my expense tracked.
Told them I’m covered by the Consumer Rights Act and they must arrange return. They ignored me so I have escalated as a claim to PayPal. We’ll see what happens.
Under distance selling rules you are fully entitled to cancel all or part of your order for any reason (or no reason) and receive a refund. The seller does not have to cover return costs though - it is your responsibility to return the cancelled items within 14 days and they must refund you no later than 14 days after receiving the returned item/s.
My understanding is that that’s not quite the case here, as the mats are customised and are probably manufactured to order, so would not be covered by the “change of mind” provisions of the distance selling regulations.
Also, for those cases where the customer can do a “change of mind” return, it is down to the seller to pay for the return unless their Terms and Conditions state otherwise.
I do agree that they are not as described (they are certainly not “full coverage”) and could be returned for that reason.
"Some items don’t have a cooling-off period. You won’t get a cooling-off period when you buy: […] an item that was personalised or custom-made for you"
and also:
“You may have to pay the cost of posting something back to the seller. The seller should have told you who has to pay for this when you bought the item. For example, it could have been in the terms and conditions. If they didn’t tell you, they will have to refund your postage costs.”
CRA 2015 is powerful legislation and Paypal will likely support your claim based on what you have described. Regards so-called customisation, a buyer should never be penalised for an off-shelf item that is wrongly described as ‘customised’. How is this item ‘customised’? (Thats a genuine question)
Fitted car mats are normally made to order (the manufacturers don’t keep warehouses of mats in every possible colour to fit every possible car - they make them as when they are ordered). Hence my understanding is that they are excluded from “change of mind” returns under CRA2015.
The issue here is that the mats are not as described - they were advertised as “full coverage”, which they are not. Hence they would be eligible for a refund under this section of the legislation.
Let us know how you get on, I still dont understand how the seller can describe these as ‘customised’, sounds like you have a good strong case for ‘not fit for purpose’. Anyways, good luck in getting your rightful refund.
I bought my mx5 as the second owner and it came with one of those flexible plastic wells that fills the lower rectangle in the boot. It’s great, I bung muddy trainers and other dirty things in there and the rest of the boot stays clean.
I think it’s OEM because it has the mx5 logo in exactly the same font as the car.