Return Postage legalities on faulty goods???

lorettocourt

OK - so heres the deal. I bought something online 4 months ago and now its developed a fault and so I need to return it. The company I bought it from however says I have to pay for the return postage - which will be about £25 - and they will not refund this even if once it has been proven to be faulty when they receive it. Surely this can't be legal as I am not returning it through any fault of mine but of a product they sold me???

deanos

Its perfectly acceptable as you have had it 4 months, whats is it you are sending, cant see it being £25 postage unless it huge

Try https://www.parcel2go.com for a quote about £7 up to 30kg

lorettocourt

Hi Deanos, the item in question is the forks on my mountain bike. They weigh in at 4kg but, as the value of them is almost £700, they need posting with some sort of compensation. I tried the web-site you recommended but it came out with £43 and that was only with £500 compensation should they go missing etc. I sent them with parcelforce for £25. They have a 2 year warranty and I have so far only managed to ride for about 150 miles on them which is why I think its unacceptable that I have to pay to return them. I find it hard to believe that you think its OK to be honest with you.

YOUNGE1

Hi
The law clearly states that if the goods are faulty (and they are if broken in less than 6 months) then the seller is responsible for costs including postage:

The Sale and Supply of Goods to Consumers Regulations 2002

48B Repair or replacement of the goods


(1) If section 48A above applies, the buyer may require the seller -
(a) to repair the goods, or

(b) to replace the goods.
(2) If the buyer requires the seller to repair or replace the goods, the seller must -
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
When goods are faulty, buyers can
generally only obtain a legal remedy against
the retailer.
Proving the fault
Generally, the buyer needs to demonstrate
the goods were faulty at the time of sale.
This is so if he chooses to request an
immediate refund or compensation
(damages).
There is one exception. This is when the
buyer is a consumer and returns the goods
in the first six months from the date of the
sale, and requests a repair or replacement
or, thereafter, a partial or full refund. In that
case, the consumer does not have to prove



the goods were faulty at the time of the
sale. It is assumed that they were. If the
retailer does not agree, it is for him to prove
that the goods were satisfactory at the time
of sale. For goods returned after six months
the normal rules apply so that it would be
for the consumer to demonstrate they were
faulty when sold.

deanos

Ah i see its the compo that bumps it up, i would ring consumer direct but im sure as you have had them 4 months its up to you to return them, i may be wrong

http://www.consumerdirect.gov.uk/

EDIT: there you go seems im wrong

Mummy_Jo

Hi we are members of Which Legal I think it works out at about £12 a quarter but you can join just for one quarter and then cancel straight away. If I were you I would ring them up and speak to their lawyers I think you have got a case under the Sale of Goods Act 1979. The people there are fantastic and tell you the right buzz words to use to get the companies to take notice of you.

If you want any more advice let me know and I will try and find out for you

lorettocourt

Superb - many thanks to all 3 of you for the information - especially Younge1. Much better having something to back me up. Thanks again.

YOUNGE1

No problem!