Hi Tracy,
First point for anyone to bear in mind when seeking a refund for goods is to just pause for a moment and think about what you say. First approaches can suggest to a seller things you don't want to tell them. Focus on the real issue
So, for example, "it swayed and moved around so much we thought it would blow away , it would not sit tight to van". Hands up how many of you read that and thought that it had not been tied down sufficiently? Not all the pegs had been used? That is exactly what the seller will think and so you can, inadvertently, put their part of your discussion onto the defensive.
In a wind any awning will billow, the sides of a porch awning (which are not attached to the van) will flap and bang on the van. Inside a van sounds are exaggerated. You know how its always raining heavier from inside the van than when you venture out. Often wonder if mine will still be attached to the van when I hear it rattling in the night. I use every peg!!!
Now, if it actually "swayed" that is a different kind of movement to a billow. Swaying is swinging backward and forward which can only happen, I would suggest, if something is not fully tied down. In a wind, items not properly tied down will get damaged.
As the only damage you mention is a zip I take it that the awning stayed in place.
Just a qualification. I assume that the awning you bought was in a bag and that you didn't take it out to give it a good look over. Where a buyer has had an opportunity to examine the goods and the defects should have been apparent, you can't complain about any defect spotted later.
The sellers reasons for refusing a refund are wrong.
Under the Sale of Goods Act the awning must be of satisfactory quality, sufficiently durable, free from any defects and fit for purpose. Assuming that the zip was broken when you first took it out of the bag (and not as a result of any insufficiency of pegging down) that may make the awning not fit for purpose, dependent upon the nature of the damage. For example, if the zip is on a door and you can zip, say, 90% of the way round, the awning can still be reasonably enjoyed. If the door simply cannot be closed, then the awning is open to the elements and the main purpose of an awning is for a dry area for storage of goods and for sitting in. In that case its not fit for purpose!!!
Ok lets take it that the awning is not fit for purpose and clearly has a defect.
You do not say how long you have had the awning. You may have had it for over six months but only recently erected it. Timing is important to your claim.
If you have had it for less than four weeks you can ask for your money back and you are entitled to just that ( Sale and Supply of Goods to Consumers Regulations 2002).
If you have had it for between four weeks and six months you are entitled to a repair or replacement not your money back (but see below). The choice is yours. The fact that it is muddy is the sellers problem. The fact that it has been used is the sellers problem. The law says that the seller was in breach of contract on the day it sold it to you and has to repair or replace. Now, if the seller can show that you caused the defect then the seller does not have to do anything. Hence, don't say that it "swayed around" in the wind. You give the seller a potential defence to your claim.
If you have had the awning for more than six months then you can have a repair or replacement (not your money back) but the burden of proving that the awning was defective on the day you bought it is shifted to you. You have to convince the seller that you are not in the wrong. Hence no mention of swaying awnings unless the attachments are too narrow for the awning rail. It does get more difficult to proove your case the longer it takes you to take an item back. The seller is more in the driving seat I am afraid. "As soon as I took it out of the bag my husband and I spotted that it had a broken zip. Having erected it the rain just poured in through the door" is just so much better than it "swayed in the wind". Shows you also have a witness.
SO timing is everything folks. Don't buy your next years awning now and leave it upstairs, unopened, until next May!!!
You say that you want your money back, well, leaglly, you first have to explore the repair or replace options if you have had the awning more than four weeks. If a repair takes so long that it causes you a significant inconvenience then the seller cannot comply with its obligations under the Sale and Supply of Goods to Consumers Regulations 2002 so you can decline a repair. A replacement on the other hand is just straight off the shelf and you may have to accept that. If you can actually show that the awning does not properly attach to a van (difficult) such that it is not fit for purpose, then you can refuse a replacement. Basically, the way the Sale and Supply of Goods to Consumers Regulations 2002 works is that you get your money back, if you are outside that four week period only if repair or replacement is impossible or causes you a significant inconvenience. e.g they can replace but it will take two months to get some in stock
The seller can simply not refuse to do anything if you are within the first six month period from the date of purchase.A more detailed explanation of the law is set out in my reply this morning at
http://www.ukcampsite.co.uk/chatter/display_topic_threads.asp?ForumID=8&TopicID=229914&PagePosition=1&ThreadPage=3&ReturnPage=Search&search=&searchIn=
You do not say whether you purchased the awning over the net in which case the Distance Selling Regs may assist. Further, if you used your credit card then the Consumer Credit Act may assist in getting money back from your credit card company.
Hope this helps
Phil
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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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Topic: Awning Return
.... (It was quite simply useless)! - not because of midges and muddy ----- (because it was not as advertised). PDQ thing. One person so many minutes to put - rubbish! Parts didn't fit, a huge thread on here nearly 3 years ago about them, massive complaints. Of course I read the thread after I bought one!!! Still mud and midges on it after a wet weekend in a scottish forest and they still coffed up.
