Returning Goods to Retailer

Cardinal-Red

Sorry if wrong forum!

I bought some items on eBay from a retailer and now one of them is broken. The retailer is being fine about it... send it back, they'll test and issue a replacement if needed.

This item is bulky and heavy, and so will be expensive to send. Also I want to be able to track it, further adding to the expense.

Is it right that I should bear this cost? Or is it the responsibility of the retailer?

Thanks!

The_Pedant

I believe this is still covered under the sales of goods act, provided that they are selling as a business, and that you are buying as a consumer:

(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).

(http://www.opsi.gov.uk/si/si2002/20023045.htm

Additionally, if the item was bought using a 'buy it now' link in eBay, the Distance Selling Regulations also apply, requiring the retailer to cover the cost of return for faulty or unwanted goods (although postage costs for unwanted goods can be excluded if the seller states this as part of their [clearly stated] T&C's). I point this out, as auctions are not always covered under DSR. See the links below for some good summary advice on DSR:-
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf (this contains a little more guidance on the definition of an auction)

<edited, for future reference, to highlight that postage for unwanted items can be excluded - (thanks derrick)>

Cardinal-Red

Thanks - that's a very useful answer to get!

The retailer (and it was Buy It Now) told me the costs were my responsibility - including the costs of sending the replacement item back to me! Glad I could go back with such an authoritative reply!

derrick

The_Pedant wrote: »

I believe this is still covered under the sales of goods act, provided that they are selling as a business, and that you are buying as a consumer:

(http://www.opsi.gov.uk/si/si2002/20023045.htm

Additionally, if the item was bought using a 'buy it now' link in eBay, the Distance Selling Regulations also apply, requiring the retailer to cover the cost of return for faulty or unwanted goods. I point this out, as auctions are not always covered under DSR. See the links below for some good summary advice on DSR:-
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf (this contains a little more guidance on the definition of an auction)

This is not always the case for unwanted goods, from your link, (page 12); -http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

Returning goods
Only if it is covered in the contract and the written information
can you require the consumer to pay for the cost of returning
the ordered goods. 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.
If you do not include these details in the required written
information then you cannot charge anything. You can never
require consumers to pay the cost of returning substitute
goods. If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances.