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    • trenchdigger
    • By trenchdigger 10th Sep 17, 7:26 AM
    • 4Posts
    • 0Thanks
    trenchdigger
    Full Refund not Replacement
    • #1
    • 10th Sep 17, 7:26 AM
    Full Refund not Replacement 10th Sep 17 at 7:26 AM
    A new mattress arrived faulty. The online site have agreed it is faulty based on the pictures we sent them. We have been offered 2 options:
    1. Return mattress for full refund less return delivery cost of £50+
    2. Free replacement

    We have lost confidence in the retailer and want to buy a different mattress elsewhere. Under the consumer rights acts, as the goods are faulty, are we entitled to a full refund without being charged for return delivery, or do we have to accept the replacement?

    Thanks for advice.
Page 1
    • theonlywayisup
    • By theonlywayisup 10th Sep 17, 7:54 AM
    • 10,887 Posts
    • 7,297 Thanks
    theonlywayisup
    • #2
    • 10th Sep 17, 7:54 AM
    • #2
    • 10th Sep 17, 7:54 AM
    http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

    When did you purchase?
    • deaston
    • By deaston 10th Sep 17, 9:43 AM
    • 452 Posts
    • 235 Thanks
    deaston
    • #3
    • 10th Sep 17, 9:43 AM
    • #3
    • 10th Sep 17, 9:43 AM
    A new mattress arrived faulty. The online site have agreed it is faulty based on the pictures we sent them. We have been offered 2 options:
    1. Return mattress for full refund less return delivery cost of £50+
    2. Free replacement

    We have lost confidence in the retailer and want to buy a different mattress elsewhere. Under the consumer rights acts, as the goods are faulty, are we entitled to a full refund without being charged for return delivery, or do we have to accept the replacement?

    Thanks for advice.
    Originally posted by trenchdigger
    It depends on a couple of things (like how long ago it was delivered) but, assuming it arrived within the last 30 days, you can return it for a full refund. The seller must refund the full cost of the mattress, any delivery charges and the return delivery costs (or they can arrange to collect it from you). You don't have to accept a replacement or credit.

    As they've agreed it's faulty, they also have to refund you within a certain time (I think it might be seven days).

    Read-up on your 'right to reject' if you want more details. But essentially, because it's faulty and you bought it online, there's no question that the seller needs to put you back in the position you were in before you made the purchase.

    If it arrived months ago and you've been sleeping on it or something, they that's different.

    Good luck - we're having problems with an online seller at the moment. The goods were significantly not as described as well as faulty, but they have refused to collect the goods (that they delivered themselves) and have refused to refund the cost of us getting it back to them (which would be hundreds and almost certainly result in is damaging the goods).

    They're making us take them to court to get it resolved. A court is so obviously going to rule in our favour that we can only assume they're taking it so far just to be awkward.
    Last edited by deaston; 10-09-2017 at 9:55 AM.
    • trenchdigger
    • By trenchdigger 11th Sep 17, 8:56 AM
    • 4 Posts
    • 0 Thanks
    trenchdigger
    • #4
    • 11th Sep 17, 8:56 AM
    • #4
    • 11th Sep 17, 8:56 AM
    Mattress was delivered 5 days ago.
    I have read the information per your link and it is very clear that we are entitled to a full refund for the faulty mattress, it isn't clear whether this covers the cost of return delivery.
    • trenchdigger
    • By trenchdigger 11th Sep 17, 9:11 AM
    • 4 Posts
    • 0 Thanks
    trenchdigger
    • #5
    • 11th Sep 17, 9:11 AM
    • #5
    • 11th Sep 17, 9:11 AM
    Hi Deaston
    I hadn't seen your reply when I replied to theonlyway, above.
    I have read through the 'righttoreject' section and although I agree with your reply in principle, I still can't see anything that states categorically that they have to cover the return delivery cost.
    I have also completed the Which consumer rights letter, and again this isn't specific about having to cover the cost of collection.
    I am certainly going to try to recover full cost, but I really would like to confirm my rights before going down the small claims route (particularly if only for the £50 return delivery cost).
    Thanks
    • deaston
    • By deaston 11th Sep 17, 9:15 AM
    • 452 Posts
    • 235 Thanks
    deaston
    • #6
    • 11th Sep 17, 9:15 AM
    • #6
    • 11th Sep 17, 9:15 AM
    Hi Deaston
    I hadn't seen your reply when I replied to theonlyway, above.
    I have read through the 'righttoreject' section and although I agree with your reply in principle, I still can't see anything that states categorically that they have to cover the return delivery cost.
    I have also completed the Which consumer rights letter, and again this isn't specific about having to cover the cost of collection.
    I am certainly going to try to recover full cost, but I really would like to confirm my rights before going down the small claims route (particularly if only for the £50 return delivery cost).
    Thanks
    Originally posted by trenchdigger
    How long have you had the mattress? Or, at least, how long was it from delivery to you telling the seller there was a fault?

    Consumer Rights Act 2015 - section 9 explains that the goods must be of satisfactory quality. The seller is in breach of this (and has admitted that) which leads you to section 19 which explains your short-term right to reject, which is further explained in item 20:

    "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them."

    If you've had the matress longer than 30 days, you can't exercise the short-term right to reject, so I believe you have to give the trader the opportunity to repair or replace it but, either way, the trader is still liable to cover the return postage costs.

    Edit: Just seen you've mentioned it was delivered five days ago, so that's easy. You can exercise your short-term right to reject and, as it's faulty, the trader is in breach of contract so he has to refund all the money you've paid and refund any reasonable costs you incur returning it to him (or you have to make it available for them to collect from you).
    Last edited by deaston; 11-09-2017 at 9:36 AM.
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