Distance Selling quandry

jimpix12
jimpix12 Posts: 1,095
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edited 3 July 2015 at 8:37AM in Small biz MoneySaving
Hi all, posting this on behalf of my mum because I haven't got a clue!

She bought three spare parts online for a lawn mower a few days ago from a small UK-based website (with rubbish reviews...eek), which appears to be registered to a sole trader. The order total was around £20.

She received them but 1 part is faulty or incorrect, i.e. for another lawn mower model. She contacted the vendor by email to request the correct part be sent out, but the vendor replied saying that she needs to send the incorrect part back first - at her own cost - to him before he will send out the correct one.

The problem is that the cost of the incorrect spare part is about £1 to buy separately, but the return postage will cost more than that! The vendor isn't budging. How does this work with the Cooling Off regulations as it's still within 14 days of purchase?

I advised her to buy the £1 spare part from another site which she has done.... But who is in the wrong here? It isn't really about the money I'm just intrigued to know the law. Thanks.
"The only man who makes money from a gold rush is the one selling the shovels..."

Comments

  • paulofessex
    paulofessex Posts: 1,728 Forumite
    I believe that you have 14 days to 'change your mind' and are within your rights to send the item back at your own costs. Only if an item is faulty is the seller compelled to pay/ refund the return postage. With regard to it being the wrong item, again that is not the sellers fault therefore they are not obliged to pay for return postage.
  • InsideInsurance
    InsideInsurance Posts: 22,460
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    You're possibly mixing up your regulations.

    The CCR that replaced the DSR covers you "changing your mind" and allows a cooling off period to cancel the contract. As long as the merchant has obeyed the rules for it they can make you bare the costs of the return.

    The SOGA would cover the faulty/ not as described scenario and under this the merchant must cover the costs as they are liable for reasonable consequential losses.

    So if she ordered the wrong bit then its CCR, if they sent the wrong bit then its SOGA or CCR but SOGA gives her better protection.

    Realistically though, how much time and effort is worth it worth putting in for £1
  • jimpix12
    jimpix12 Posts: 1,095
    First Anniversary Combo Breaker First Post
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    I agree about the effort, it's really just because she asked me and I wasn't sure.
    "The only man who makes money from a gold rush is the one selling the shovels..."
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