Distance Selling & return of goods that fail (after 2 weeks)

EggMella

Hi all,

There are various similar posts about this but thought i would cover my specific situation as I've not been able to find the specific statements in the SoGA that cover this eventuality.

I recently purchased a wet & dry dust extractor from a website. The product worked well for 2 weeks at which point something inside appeared to blow whilst I was using it to hoover some liquid.

I've contacted the seller (website) to arrange for a replacement and they've agreed to organise a return but they are asking me to pay for a courier to ship the product back to them.

Do I need to bear the cost of the courier or should the seller be doing this and where is this outlined (SoGA or elsewhere)?

cheers
Eggers

derrick

EggMella wrote: »

Hi all,

There are various similar posts about this but thought i would cover my specific situation as I've not been able to find the specific statements in the SoGA that cover this eventuality.

I recently purchased a wet & dry dust extractor from a website. The product worked well for 2 weeks at which point something inside appeared to blow whilst I was using it to hoover some liquid.

I've contacted the seller (website) to arrange for a replacement and they've agreed to organise a return but they are asking me to pay for a courier to ship the product back to them.

Do I need to bear the cost of the courier or should the seller be doing this and where is this outlined (SoGA or elsewhere)?

cheers
Eggers

It depends if it was in their T&Cs; -
From Consumer Direct; -
3. Know your distance selling rights

• check your cancellation rights before making a purchase: under the Distance Selling Regulations you can get a full refund on many products if you cancel within seven working days after the day of receipt
• if returning goods you are entitled to a refund of the original delivery cost but check the terms and conditions to see who will cover the cost of returning them
• traders are not allowed to deduct a restocking charge or administration fee for returned goods
• if you wish to cancel, you must take reasonable care of the goods you are returnin
• check and keep all receipts, order confirmations and correspondence
• goods should be delivered within 30 days after date of order, unless you agree to a different delivery timeframe
• complain to the trader if you have a problem shopping online
• contact Consumer Direct if the trader does not resolve your problem

From the OFT 3.55 page 27 ; -

3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.



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EggMella

derrick wrote: »

It depends if it was in their T&Cs; -

Thanks, I had seen this but does this apply given that the product has failed? I assume this can be returned as faulty and therefore the supplier must bear the cost?

The supplier has just offered me two choices:

1. I pay for return and they swap immediately
2. They arrange for collection and repair with the manufacture (which means I pay nothing)

I guess this makes the question moot?

cheers
Eggers

OlliesDad

The DSR relates to unwanted items not faulty goods.

As the item is only 2 weeks old, it would be unfair to expect you to be without the item due to a fault. Advise them that under the SOGA you expect an item free from defects, and that they are liable to pay for any carriage costs. Advise that you expect the item to be replaced free of charge.

If this fails i advise speaking to Trading Standards.

CLLC

Hi ,

I'm not 100% sure but i beleive i heard that the return should be the expense of the company. If its faulty why should you have to pay for the return.

Its best to check out your local trading standards , details of your local trading standards can be found here:

http://www.tradingstandards.gov.uk/

Just enter your postcode in the top left box. I beleive they should pay , I hope you get the results you want and deserve

Good Luck

CLLC

EggMella

OlliesDad wrote: »

The DSR relates to unwanted items not faulty goods.

As the item is only 2 weeks old, it would be unfair to expect you to be without the item due to a fault. Advise them that under the SOGA you expect an item free from defects, and that they are liable to pay for any carriage costs. Advise that you expect the item to be replaced free of charge.

If this fails i advise speaking to Trading Standards.

OlliesDad - thanks for this.... but are you able to confirm whether this is a legal entitlement or whether it is simply a desirable outcome for me ?

OlliesDad

Legally you should are not expected to incur any costs. Legally, they have to offer a refund/replacement/repair. If it is within a short amount of time that you have the unit, it is your choice on what to expect. If it is over a reasonable amount of time, it is up to the retailer.

derrick

EggMella wrote: »

OlliesDad - thanks for this.... but are you able to confirm whether this is a legal entitlement or whether it is simply a desirable outcome for me ?

SoGA section 48B subsection 2 (b) ; -

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).



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