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  • FIRST POST
    • anirah2
    • By anirah2 13th Oct 16, 6:20 PM
    • 19Posts
    • 2Thanks
    anirah2
    Microwave refunded but NOT collected - Can I keep it?
    • #1
    • 13th Oct 16, 6:20 PM
    Microwave refunded but NOT collected - Can I keep it? 13th Oct 16 at 6:20 PM
    Hi

    I bought a microwave from George.com at Asda. However, I decided to return it as it was unsuitable.

    On 12/09/16 no one showed up and my sister was at home all day.

    On 13/09/16 Yodel attempted collection at 5.14, even though I had already explained to George customer services that no one would be home until after 7pm.

    The third collection was arranged for 16/09/16 after 7pm but Yodel didn't show up again.

    I've made numerous attempts to get the microwave collected, even though we've already received a refund. I've phonedGeorge.com ten times, I've emailedGeorge.com twice and I've emailed Yodel twice. In addition, to this I've emailedGeorge.com and Yodel together an additional five times.

    What else can I do?!Does the item become mine after a period of time?

    Thanks
Page 3
    • anirah2
    • By anirah2 16th Oct 16, 11:23 PM
    • 19 Posts
    • 2 Thanks
    anirah2
    I suggest your complaint is now directly solely at Asda, as they are contractually responsible to you, including for their delivery agent's (i.e. Yodel's) performance.
    Originally posted by naedanger
    Agreed, thx
    • unholyangel
    • By unholyangel 16th Oct 16, 11:33 PM
    • 10,188 Posts
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    unholyangel
    A couple things I'd advise caution on saying you plan to dispose of it if you're planning on selling. Its unnecessarily opening yourself up to claims of fraud & theft. Also I'm sure when this thread was started I checked asdas T&C's/ordering process and basically, they do advise you need to return the goods etc so OP has more than a duty to make it available for collection, they need to take active steps to return it (as per consumer contract regulations). If they dont return it within 14 days of notifying them of their intent to cancel (or whatever the time limit is on their own policy), the retailer may recharge the card and refuse to accept the return after that point - leaving OP with a microwave they dont want and have paid £97 for. So if I were OP, despite having my refund, I'd be heavily incentivised to ensure they get it one way or another. But I'm not OP so thats for OP to decide for themselves.


    And lastly, OP if counter space is an issue for you, is wall brackets/mounting an option for you? I know you plan on sending the asda one back but could also wall mount whatever one you ordered in its place and still have more counter space
    Money doesn't solve poverty.....it creates it.
    • naedanger
    • By naedanger 16th Oct 16, 11:34 PM
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    naedanger
    I hope naedanger is right but I fear Moneyineptitude is right
    Originally posted by anirah2
    What do you think I might be wrong about?

    Or alternatively what do you hope I might be right about?
    • naedanger
    • By naedanger 16th Oct 16, 11:42 PM
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    naedanger
    ... so OP has more than a duty to make it available for collection, they need to take active steps to return it (as per consumer contract regulations)...
    Originally posted by unholyangel
    Can you quote the appropriate paragraph? And is what you say (i.e. the bit I have quoted) true if the item was bought online (as I assumed)?
    • Moneyineptitude
    • By Moneyineptitude 16th Oct 16, 11:45 PM
    • 17,229 Posts
    • 7,761 Thanks
    Moneyineptitude
    what do you hope I might be right about?
    Originally posted by naedanger
    I refer you to the title of the thread...
    • naedanger
    • By naedanger 16th Oct 16, 11:47 PM
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    naedanger
    I refer you to the title of the thread...
    Originally posted by Moneyineptitude
    I haven't said the op can keep the microwave.
    • unholyangel
    • By unholyangel 17th Oct 16, 12:41 AM
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    unholyangel
    Can you quote the appropriate paragraph? And is what you say (i.e. the bit I have quoted) true if the item was bought online (as I assumed)?
    Originally posted by naedanger
    Sure.

    http://www.legislation.gov.uk/uksi/2013/3134/regulation/35/made

    35.—(1) Where a sales contract is cancelled under regulation 29(1), it is the trader’s responsibility to collect the goods if—

    (a)the trader has offered to collect them, or

    (b)in the case of an off-premises contract, the goods were delivered to the consumer’s home when the contract was entered into and could not, by their nature, normally be returned by post.

    (2) If it is not the trader’s responsibility under paragraph (1) to collect the goods, the consumer must—

    (a)send them back, or

    (b)hand them over to the trader or to a person authorised by the trader to receive them.
    The T&C's state this in relation to returning items:
    7.4 Storing items. You must take reasonable care of the items whilst they are in your possession and immediately stop using any item(s) which you have decided to return. When you return an item(s) please make sure that the item(s) is undamaged, in a sellable condition, and with all of its components including the original packaging. If you do not exercise reasonable care and the item(s) you are returning is damaged whilst in your possession, in transit or, in the case of flat packed furniture, if the item has been damaged by part-assembly, we reserve the right to reduce the amount of credit we give to you on refund. We therefore recommend that if you are returning the item(s) by post you use a service which insures you for the value of the item(s) you are returning.

    7.6 Costs incurred in returning item. You will be responsible for the cost of returning the item(s) which is not damaged, faulty or mis-described.

    7.9 How to return items to us. You can return items to us either by:

    · taking your item(s)to any ASDA / ASDA Living store in the UK along with the delivery note you received in your parcel and the Debit / Credit card which you used to buy the items; or

    · posting the item(s) together with the delivery note which you received in your parcel to the following address indicating which item(s) you are returning: ASDA George, PO Box 9564, Newark, NG24 9GF.
    ETA: Sorry forgot the 2nd part of your post - yes that applies to online (distance) contracts.
    Last edited by unholyangel; 17-10-2016 at 12:50 AM.
    Money doesn't solve poverty.....it creates it.
    • naedanger
    • By naedanger 17th Oct 16, 12:54 AM
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    naedanger
    Sure.

    http://www.legislation.gov.uk/uksi/2013/3134/regulation/35/made



    The T&C's state this in relation to returning items:
    Originally posted by unholyangel
    Thanks for the reply.

    So the legislation says:
    35 (1) Where a sales contract is cancelled under regulation 29(1), it is the trader’s responsibility to collect the goods if—

    (a)..., or

    (b)in the case of an off-premises contract, the goods were delivered to the consumer’s home when the contract was entered into and could not, by their nature, normally be returned by post.
    I would say a 48 litre microwave could not, by its nature, normally be returned by post. Which would mean, if the goods were bought online and delivered to the op's home, that it was the trader's responsibility to collect the goods.
    • unholyangel
    • By unholyangel 17th Oct 16, 12:55 AM
    • 10,188 Posts
    • 7,346 Thanks
    unholyangel
    Thanks for the reply.

    So the legislation says:
    35 (1) Where a sales contract is cancelled under regulation 29(1), it is the trader’s responsibility to collect the goods if—

    (a)..., or

    (b)in the case of an off-premises contract, the goods were delivered to the consumer’s home when the contract was entered into and could not, by their nature, normally be returned by post.
    I would say a 48 litre microwave could not, by its nature, normally be returned by post. Which would mean, if the goods were bought online and delivered to the op's home, that it was the trader's responsibility to collect the goods.
    Originally posted by naedanger
    Its not an off-premises contract though.

    Not unless asda have started selling door-to-door anyway.
    Money doesn't solve poverty.....it creates it.
    • naedanger
    • By naedanger 17th Oct 16, 1:04 AM
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    naedanger
    Its not an off-premises contract though.

    Not unless asda have started selling door-to-door anyway.
    Originally posted by unholyangel
    True enough.

    To the op: I would complain to Asda but take the oven back to a store.
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