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Consumer Rights Discussion area

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  • Chivalry
    Chivalry Posts: 24 Forumite
    hi :) im just trying to find out the situation reguarding the return of a faulty item to a online retailer...... in there terms and conditiond they state that its me that is responsible for the cost to return a faulty item,,,, and they will not refund it,,, but im sure that its there responsibility to refund any cost to me or arrange a pickup of the faulty item.. i just cant find any refernce to this anywhere on the trading standards website ;/... can someone clarify this and point me to some hard evidence so i can foreward it to the relevant company please? :)
  • s@sha
    s@sha Posts: 589 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Chivalry, I don't think you are automatically entitled to have the cost of P&P refunded, even if the goods are faulty, unless the trader specifically says they will do so in their T&Cs. If their T&Cs state you must pay for the cost of return, then you will probably have to. Have a look here:

    http://www.oft.gov.uk/Consumer/Your+Rights+When+Shopping+From+Home/shopping+from+home+cancelling.htm

    Also, you can ring Consumer Direct for further information. I have had reason to ring them for advice on P&P charges, and they were very helpful.

    http://www.consumerdirect.gov.uk/
  • CitizenBidet
    CitizenBidet Posts: 171 Forumite
    I ordered 2 items at a great price but when they arrived they were 2 different items to those I ordered :( I called and they said there seemed to be an error with their order codes and that they will collect them and once returned their returns department would decide whether to send out the right items or to refund my credit card.

    My concern is I dont want to be refunded I want my original order as its such a good bargain. As they've taken my money surely they must send me what I have paid for?

    Do I have any legal rights here? Are there any web sites I can quote etc?
    .
  • Chivalry
    Chivalry Posts: 24 Forumite
    s&#64 wrote: »
    Chivalry, I don't think you are automatically entitled to have the cost of P&P refunded, even if the goods are faulty, unless the trader specifically says they will do so in their T&Cs. If their T&Cs state you must pay for the cost of return, then you will probably have to. Have a look here:

    http://www.oft.gov.uk/Consumer/Your+Rights+When+Shopping+From+Home/shopping+from+home+cancelling.htm

    Also, you can ring Consumer Direct for further information. I have had reason to ring them for advice on P&P charges, and they were very helpful.

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

    so u think that if i order a new monitor and a box of bricks arrive.... i should have to pay the £50 returns fee because its so heavy and there website says i have to pay for returns... hehe... i wouldent have thought so... im almost certain that not only do they have to refund u any postage,, but also they have to arrange pickup if u insist in it.... at your convieniance...
    Obviously if u are returning an item thats not faulty or inncorrect item sent.. then sure u should pay returns postage... but for a faulty or inncorrect item?? :confused:
  • BLONDIE64_2
    BLONDIE64_2 Posts: 12 Forumite
    I recently purchased online a new epson printer from MISCO....it arrived faulty and the paper kept jamming.i think theres a coil missing on it.any way i ordered a different one from them 3 days later explaining i needed to return the faulty one.the new one arrived perfect...and working great but they are stalling to refund me the faulty one they keep passing me directly to epson who pass me back to them stating epson only deal with warranties and repairs..they are now ignoring me after promising to ring me back .i have emailed their cust service and its now over 4 weeks since i had the first one delivered.what are my rights? i am going mad here....!!!!!!!!!
  • We brought a Wing Mirror glass from our local Citroen dealer and paid £30. The wing mirror does not fit. Mainly due to the whole unit being replaced a while back (told it was orginal part - HA!).

    Anyway - the Citroen Dealer refuses to give out money back but has suggested that if we brought the whole unit from him he would just add the cost on for replaceing it.

    Make sense?

    Anyway - I thought there was something like a 7 day coololing off period where if the products wrong or your not satified with you you can take it back and either get a refund or something like credit with the place.

    Can some one let me know!
  • Need some help to find out legally where I stand please.
    Went to Harveys Furniture store, liked a nice leather sofa (£899), I was debating whether to buy it or not, the salesman said that it was avaliable on 12 months interest free which suited me fine. I didn't have any address details to take up the offer and ask the man if it would be ok to return tomorrow, he gave me the spill about the offer ending that day and if I could leave a deposit (£20) that would secure it.
    Signed an order sheet and after getting home felt that it was a hash purchase and that I really needed to buy another sofa in the shop that suited my situation better (a sofa bed).

    What I need to know is, where do I stand legally as ideally I would like to go back, cancel that order and buy the sofa bed (£399) instead?

    Many thanks.

    Wayne
    Remember, an Aardvark is not just for Christmas....
  • Fran
    Fran Posts: 11,280 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    I expect they'll be very pleased to take your money off you!!

    Have a look at the Trading Standards website.
    Torgwen.......... :) ...........
  • trace-j
    trace-j Posts: 783 Forumite
    s&#64 wrote: »
    Chivalry, I don't think you are automatically entitled to have the cost of P&P refunded, even if the goods are faulty, unless the trader specifically says they will do so in their T&Cs. If their T&Cs state you must pay for the cost of return, then you will probably have to. Have a look here:

    http://www.oft.gov.uk/Consumer/Your+Rights+When+Shopping+From+Home/shopping+from+home+cancelling.htm

    Also, you can ring Consumer Direct for further information. I have had reason to ring them for advice on P&P charges, and they were very helpful.

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

    Under the Distance Selling Regulations, it's the purchaser who swallows the cost of return postage if they have changed their mind. If the item is faulty as is the case here, you will be entitled to claim a refund (depending time lapsed etc) and any other consequential losses/costs (eg sending it back). Not many companies will pay this upfront so you'll have to claim it back later.
    :idea:I got an idea, an idea so smart my head would explode if I even began to know what I was talking about:idea:
  • spud1962
    spud1962 Posts: 11 Forumite
    I Purchased a VCR for Comet in August 2000, and paid for an additional
    "extended" warranty. I was told that provided I did not claim on the policy
    during the 5 year duration, I could claim back the full value of
    the premium. I was given a "policy document", which was pinned to my receipt and I walked away. I kept a diary note, so that that in August 2005 I could make a claim if appropriate. I have only now just discovered (having read the small print) that I am unable to claim because I did not register that guarantee with an "insurance provider" within a 15 day period, in order to receive the correct documentation to apply for this refund ??

    This "registration process" was not brought to my attention (I did not sign
    any forms to say that I had indeed read it?)

    Where do I stand legally, regarding this ??
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