Return shipping for 3 month old item

catnap53

For Christmas we bought our son a well known amplifier costing just under 500 pounds from an internet site of a well known company has a retail arm and internet sales.

Two weeks ago it failed to function. The company insists we pay a courier for it to be returned to them for repair. It weighs 20k and parcelforce minimum cost is 22 pounds. They have said that it is in their terms and conditions and if we had bought it in a shop we would incur the cost of taking it back.

I believe that under the Distance selling regulations we should not be out of pocket and they should arrange for it to be collected, (probably costing them a lot less under contract). If I am right then surely their terms and conditions can't override the law?

He does not want to be without it for any longer than necessary, so any advice as to whether we should pay up front and try to claim it back, or have we misread the regulations?

Thanks for any help.

Zzzz

hollydays

Distance selling regulations are something completely different.
So,the goods are faulty.
Have you spoken to a Manager yet?
Did you pay by credit card?

derrick

You are correct, "their terms and conditions can't override the law"

The retailer shall pay P&P.

See page 10 from HERE

"If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances."

phlogeston

derrick wrote: »

You are correct, "their terms and conditions can't override the law"

The retailer shall pay P&P.

See page 10 from HERE

"If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances."

Unfortunately, if one reads all of the information prior to page 10, you will see that this statement is made is relation to return of goods within 7 working days under the DSR, not breach of contract under the SOGA.

nomoneytoday

I would pay the p&p and then claim it back if the item is proved to be faulty. Alternatively can you drop it off at a local store?

derrick

phlogeston wrote: »

Unfortunately, if one reads all of the information prior to page 10, you will see that this statement is made is relation to return of goods within 7 working days under the DSR, not breach of contract under the SOGA.

Alright then just for you, SoGA ; -

"48B Repair or replacement of 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).

derrick wrote: »

You are correct, "their terms and conditions can't override the law"

The retailer shall pay P&P.

See page 10 from HERE

"If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances."

This does not just mean DSR!

phlogeston

derrick wrote: »

Alright then just for you, SoGA ; -

"48B Repair or replacement of 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).


This does not just mean DSR!

See not so difficult to quote the correct legislation.

derrick

phlogeston wrote: »

See not so difficult to quote the correct legislation.

No one else queried it!

phlogeston

derrick wrote: »

No one else queried it!

That must make it right then!

The_Pedant

Sale of goods act is pretty clear.
If you are still within a reasonable period of time (3 months is very reasonable) .. then it's pretty black & white under the sale of goods act that they should bear the cost of return. I would accept that by them either arranging for the item to be collected, or refunding the cost after they are returned.

derrick

The_Pedant wrote: »

Sale of goods act is pretty clear.
If you are still within a reasonable period of time (3 months is very reasonable)

The P&P should be borne by the retailer in all cases, the "reasonable time" in the quote from post #6, 2) (a).relates to the goods being replaced/repaired, 2), (b) relates to P&P, and this will be for as long as the goods are under warranty or up to 6 years re SoGA.