If a company delivers, are they obliged to collect?

Options
1235789

Comments

  • Supersonos
    Supersonos Posts: 1,080 Forumite
    First Post First Anniversary Name Dropper
    Options
    theonlywayisup wrote: »
    He is only forced to offer a refund on return, nothing more in this situation.



    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.

    I'm obviously just seeing this situation very one-sided (my side, obviously). Maybe I'm just being unreasonable.

    Well, the gravel is listed on our local FaceBook page for free. Someone will take it.

    I still don't see how the trader can lawfully offer a refund that I can't actually get - I will be worse off if I get the refund. I pondered the gravel and decided to make the purchase based on that refund offer. As the total was £160 and that included delivery, I assumed the cost of returning it would be less than £160 - not £720.
  • Hermione_Granger
    Hermione_Granger Posts: 1,418 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    Options
    AndyMc..... wrote: »
    Has the trader put unrealistic terms on or is he complying with the Consumer Rights Act?

    The consumer rights act is irrelevant in the case in hand as this piece of legislation isn't the one that allows a consumer to return most goods when purchased at a distance.
    That is covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.
  • custardy
    custardy Posts: 38,365 Forumite
    Name Dropper Photogenic First Post First Anniversary
    Options
    Supersonos wrote: »
    I'm obviously just seeing this situation very one-sided (my side, obviously). Maybe I'm just being unreasonable.

    Well, the gravel is listed on our local FaceBook page for free. Someone will take it.

    I still don't see how the trader can lawfully offer a refund that I can't actually get - I will be worse off if I get the refund. I pondered the gravel and decided to make the purchase based on that refund offer. As the total was £160 and that included delivery, I assumed the cost of returning it would be less than £160 - not £720.

    I assume you still need gravel? Have you not thought to take my advice and offer the seller a deal on repurchase of the correct gravel/collect the gravel you have?
    You are £160 down,so any deal that mitigates that and gets you what you need is surely better?
    FYI I wouldnt by 2 tons of gravel assuming I could have a look at it and see if it suited.
  • Hermione_Granger
    Hermione_Granger Posts: 1,418 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    Options
    Supersonos wrote: »
    I still don't see how the trader can lawfully offer a refund that I can't actually get - I will be worse off if I get the refund
    Because they are complying with the law that requires them to offer this refund. Nothing more, nothing less.
    Just because you can't get the goods returned to the trader for an amount that makes the return worthwhile isn't the fault of the trader.
    If anything, it's the fault of those who wrote the legislation for not making allowances for this sort of occurrence.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    Options
    Supersonos wrote: »
    Please read the whole thread if you're going to comment.

    I am willing to find and pay for a haulier, but I can't find one what will do the job because I'm not trade.

    I really don't understand why everyone is so on the side of the trader. I'm happy to foot the bill, but it currently appears to be impossible for me to actually return the gravel.

    How can a trader agree to offer a refund if it's not possible for the consumer to return the goods?

    Its a joke, as indicated by the smiley face. I guess you've got yourself so worked up about this that you have lost your sense of humour.
  • Supersonos
    Supersonos Posts: 1,080 Forumite
    First Post First Anniversary Name Dropper
    Options
    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.

    THANK YOU.

    I'm not looking to go marching back to the company telling them they've done something wrong (frankly, the way they've dealt with me, I'll just never go back there). I'm happy to accept my mistake.

    But I knew it didn't seem right. I couldn't think of a better example, but it just didn't seem fair that a company could use their own specialised equipment to deliver and then leave me in the lurch when I wanted to return it.

    It felt like he was waving my £160 in one hand and giving me the finger with the other.
  • Supersonos
    Supersonos Posts: 1,080 Forumite
    First Post First Anniversary Name Dropper
    edited 7 January 2018 at 8:30PM
    Options
    Hermione_Granger wrote: »
    The consumer rights act is irrelevant in the case in hand as this piece of legislation isn't the one that allows a consumer to return most goods when purchased at a distance.
    That is covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.

    Would you mind explaining this further - in layman's terms? I always thought it was the consumer rights act (which has replaced the distance selling regulations if I'm correct?) that talked about consumers rights in returning goods.

    I've never even heard of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.

    EDIT - not to worry, I've just found this - https://www.which.co.uk/consumer-rights/advice/i-want-to-return-something-bought-online.

    If I've read things correctly, the Consumer Rights Act would apply if the goods were not as described, faulty or not of satisfactory quality?
  • Supersonos
    Supersonos Posts: 1,080 Forumite
    First Post First Anniversary Name Dropper
    Options
    custardy wrote: »
    I assume you still need gravel? Have you not thought to take my advice and offer the seller a deal on repurchase of the correct gravel/collect the gravel you have?
    You are £160 down,so any deal that mitigates that and gets you what you need is surely better?
    FYI I wouldnt by 2 tons of gravel assuming I could have a look at it and see if it suited.

    Because

    a) After this whole thing and the way the seller has been with me, I don't really want to have any more to do with them, and

    b) Because, as unholyangel has pointed out, they should bear the costs after all.
  • Supersonos
    Supersonos Posts: 1,080 Forumite
    First Post First Anniversary Name Dropper
    Options
    agrinnall wrote: »
    Its a joke, as indicated by the smiley face. I guess you've got yourself so worked up about this that you have lost your sense of humour.

    That would indeed appear to be the case.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    Combo Breaker First Post
    Options
    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.

    Am I missing something there? It states they are responsible for the cost of the return, where does it state the cost of return must be supplied?

    I’m sure such information was provided on the online terms and conditions.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards