Phoebe Jenkins Barnstaple auctioneer emails

Here are my emails with Phoebe Jenkins (please see how she ignores me once I state my legal rights). It is in reverse order, the newest email first, the oldest last. You will see she offers to resell it, but that would mean the item sold for much less (as only a trampoline net) and they would make both a seller's and buyer's commission (premium) from this; this refusal to honour the law and their greed is totally unacceptable. Notice particularly her closing line "I’m sorry we cannot be of any further help." as in "We will not discuss this or reply to you again" (go away / get lost). It seems a well used sentence of hers / theirs to me.

PS
As the item was new, the law is different, as it is a Consumer sale (which you can not remove the consumer rights thereof with any T&C's, even if you claim the Sale of Goods Act does not apply), not a "Business" transaction as will second hand / used goods. The item was in a sealed box, so the contents could not be inspected. And I bought it online, so Distance Selling Regulations apply. I know the law well.
I would prefer to get the missing trampoline of course. If not, I am entitled to a refund.
I do not want to fall out with you over this, and would be happy to receive a credit for a future auction.
Regards
Mark

-------- Original Message --------
Subject:     Re: Collection of lots
Date:     Sun, 14 Aug 2016 06:30:50 +0100
From:     Me
To:     Pilton Auctions <info@piltonauctions.co.uk>


Hello Phoebe
I am sorry, but I know my rights, and I know the law is on my side.
The item was boxed, the contents not able to be inspected, and clearly described as a trampoline, which it is not (it is a trampoline net).
It is not a trampoline as described.
Regards / RSVP
Mark

PS The item has now been unpacked, and I am not able to repack it all into the box.

Pilton Auctions wrote:

Hi Mark,

Unfortunately we cannot entertain refunds, the lots are here to be seen before the sale and it is up to the purchaser to satisfy themselves of the description/quality/quantity, we cannot offer any guarantee on any lot.
Please see our terms and conditions on our website, I have copied one section for you
B) All Lots are believed to be described correctly but cannot be guaranteed to be so and no compensation shall be allowed regarding quantity, quality, description or otherwise of any Lot.
If you wish to enter it back into an auction we are happy to do so.
I’m sorry we cannot be of any further help
Phoebe

(photo Pilton Auctions)
Pilton Quay, Barnstaple, Devon EX31 1PB

01271 859081
07779576223
www.piltonauctions.co.uk

From: Me
Sent: 13 August 2016 13:20
To: Pilton Auctions
Subject: Re: Collection of lots

Hello Phoebe
I need to return lot 246
There is no trampoline, just the frame.
I see on the box now it has 2/2 - does this mean box 2 of 2? Is there another box for me to collect?
If not, I need to return it for a refund please.
Regards / RSVP
Mark

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