If a company delivers, are they obliged to collect?

Supersonos · 7 January 2018 at 5:12PM

So what if the gravel was incorrect? What if the trader made a mistake? Could they still insist I return it to them before they sent out the correct order?

powerful_Rogue · 7 January 2018 at 5:12PM

Supersonos wrote: »

I actually agree with you - the consumer does have some rights that seem ridiculously favourable.

But in this case, I think the trader is being quite underhanded. When I bought the goods, I saw it said I could change my mind within 14 days for a no quibble refund, but I'd have to pay the return postage. Fair enough. And if the cost of 2 tonnes of gravel, delivered, is £160, I think it's fair to assume the cost of return postage would be less that this.

But for the seller to agree to give me the refund but on condition that I return the gravel to him, seems a little unfair. It said I'd have to pay the return postage, not source a haulage company, open a trade account (which I can't anyway) and arrange the return.

This company chooses to sell to the average consumer. The average consumer doesn't understand the intricacies of logisitcs so I think the trader, along with offering the refund, should offer ways of me completing the return.

Or, at the very least, their T&Cs should say "Free delivery, 14 no-quibble money back guarantee, but any returns are wholly a the expense and arrangement of the buyer".

The trader knows I won't be able to return the gravel, so he knows he doesn't have to honour his no quibble refund.

It works both ways though. If I was going to purchase anything large, especially 2 tonnes, I would have made contact to clarify the returns process etc

Supersonos · 7 January 2018 at 5:15PM

AndyMc..... wrote: »

Take it back a boot full at a time or forget about it.

No. This doesn't seem right. A trader shouldn't be able to offer a refund but put unrealistic terms on it to the point that the average consumer would never be able to obtain the promised refund.

If I had collected the gravel I'd understand the trader telling me to bring it back. But the trader knows full well he'll never sell any gravel if he doesn't deliver it, so he should also offer to collect it.

He's the one who has chosen to sell goods using a medium whereby the customer can't actually see the product until it has arrived at their door.

theonlywayisup · 7 January 2018 at 5:16PM

Supersonos wrote: »

So what if the gravel was incorrect? What if the trader made a mistake? Could they still insist I return it to them before they sent out the correct order?

If the gravel wasn't as ordered or the trader made a mistake and sent you RSJ's for example, then no, it's not for you to fund/arrange the return. But that is because the trader has made the mistake.

In your situation, regretfully, you have made the mistake. The trader only has to offer a refund on return. Nothing more.

Is there really no way you can use the stone?

In these situations there is sometimes a halfway-house - like custardy suggests or you agreeing to pay a return when they are next in your area.

The issue you face is that companies who mostly deal with trade rather resent consumer legislation (as it doesn't apply B2B) and therefore they aren't likely to try and help you with anything that will involve any cost to them, quite rightly IMO.

theonlywayisup · 7 January 2018 at 5:21PM

Supersonos wrote: »

No. This doesn't seem right. A trader shouldn't be able to offer a refund but put unrealistic terms on it to the point that the average consumer would never be able to obtain the promised refund.

He is only forced to offer a refund on return, nothing more in this situation.

Supersonos wrote: »

He's the one who has chosen to sell goods using a medium whereby the customer can't actually see the product until it has arrived at their door.

You chose to buy under these circumstances - a return isn't impossible by the customer, it's just that it's expensive..... The obvious and most sensible thing would to have asked for a sample or to visit and view in person before you order.

AndyMc..... · 7 January 2018 at 5:22PM

Supersonos wrote: »

No. This doesn't seem right. A trader shouldn't be able to offer a refund but put unrealistic terms on it to the point that the average consumer would never be able to obtain the promised refund. Has the trader put unrealistic terms on or is he complying with the Consumer Rights Act?

If I had collected the gravel I'd understand the trader telling me to bring it back. But the trader knows full well he'll never sell any gravel if he doesn't deliver it, so he should also offer to collect it. Why, because you changed your mind?

He's the one who has chosen to sell goods using a medium whereby the customer can't actually see the product until it has arrived at their door. Most places have a tray of samples or maxi bags in the yard for customers to view.

.............

Takeaway_Addict · 7 January 2018 at 5:30PM

Supersonos wrote: »

I actually agree with you - the consumer does have some rights that seem ridiculously favourable.

But in this case, I think the trader is being quite underhanded. When I bought the goods, I saw it said I could change my mind within 14 days for a no quibble refund, but I'd have to pay the return postage. Fair enough. And if the cost of 2 tonnes of gravel, delivered, is £160, I think it's fair to assume the cost of return postage would be less that this.

But for the seller to agree to give me the refund but on condition that I return the gravel to him, seems a little unfair. It said I'd have to pay the return postage, not source a haulage company, open a trade account (which I can't anyway) and arrange the return.

This company chooses to sell to the average consumer. The average consumer doesn't understand the intricacies of logisitcs so I think the trader, along with offering the refund, should offer ways of me completing the return.

Or, at the very least, their T&Cs should say "Free delivery, 14 no-quibble money back guarantee, but any returns are wholly a the expense and arrangement of the buyer".

The trader knows I won't be able to return the gravel, so he knows he doesn't have to honour his no quibble refund.

You just said it did by telling you to send it back by return postage.....its a general saying which the vast majority of people understand....what did you expect it to mean, post a piece via royal mail at a time?

cajef · 7 January 2018 at 5:42PM

Supersonos wrote: »

He's the one who has chosen to sell goods using a medium whereby the customer can't actually see the product until it has arrived at their door.

We have a huge garden and we have had several tons of granite chippings delivered for landscaping, we made sure we got the size we wanted by going to a local merchants and selecting from the dumpy bags the size we wanted, that is what you should have done to save all this hassle by trying to save a few pounds buying something you had not seen, you are the one that chose to buy without seeing.

unholyangel · 7 January 2018 at 5:56PM

13.—(1) Before the consumer is bound by a distance contract, the trader—

(a)must give or make available to the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and in a way appropriate to the means of distance communication used, and
(b)if a right to cancel exists, must give or make available to the consumer a cancellation form as set out in part B of Schedule 3.

<snip>

(5) If the trader has not complied with paragraph (1) in respect of paragraph (g), (h) or (m) of Schedule 2, the consumer is not to bear the charges or costs referred to in those paragraphs.

(m)where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

(5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

(a)the trader has agreed to bear those costs, or
(b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.

(6) The contract is to be treated as including a term that the trader must bear the direct cost of the consumer returning goods under paragraph (2) where paragraph (5)(b) applies.

Because the goods can't be returned by normal post, they were under an obligation to tell you how much it would cost to return the goods before you were bound by the contract. They don't seem to have done this therefore they would be liable for the return costs.

Of course getting them to agree that they're liable is another matter.

powerful_Rogue · 7 January 2018 at 5:58PM

unholyangel wrote: »

Because the goods can't be returned by normal post, they were under an obligation to tell you how much it would cost to return the goods before you were bound by the contract. They don't seem to have done this therefore they would be liable for the return costs.

Of course getting them to agree that they're liable is another matter.

Exactly what I meant in my last post. Consumers having far too many rights.

If a company delivers, are they obliged to collect?

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free