returning wrong goods?

jazzy

I recently ordered a driveway alarm system from an online retailer. The alarm that the retailer sent me was different to the one advertised on the retailer's web page also the picture of the alarm was different.

Therefore the alarm is not suitable because of the size differences etc. I have contacted the retailer who has not yet replied.

I would like to know who is responsible for paying the return postage? which will be quite expensive. Do I have to return the alarm in a certain amount of days because I am rejecting the order?

neilmcl

Depends on how you play this. If you decide to cancel under the term of the Distance Selling Regs then you will be responsible for the return. However, if you return the item under the SOGA due to it being not "as described" then it'll be the retailer who must pay for the return, either directly or as a refund to you.

Is this a UK based company?

jazzy

yes it's a UK company.

So if I reject the goods under the SOGA what is the procedure? I have contacted the retailer and explained the problem but the retailer has not yet replied. So do I return the goods at my own cost and then seek a refund?

neilmcl

What's the company and have you tried contacting them by phone? I would hold of returning the item until you've actually spoke to them.

yummymummy79

If you're returning under DSR then you're on a stricter timescale, 7 working days beginning after the day you received them. Returning under SOGA is more flexible but should still be done as soon as you realise the problem. Practically speaking it may be better to get some kind of agreement of refund before you send it back, and when you do return it, make sure you send an explanatory letter with it to clarify why it is being returned and get proof of postage. Ideally, the company would cover the postage cost upfront, but it may be that you have to claim it back on top of the refund.

neilmcl

yummymummy79 wrote: »

If you're returning under DSR then you're on a stricter timescale, 7 working days beginning after the day you received them. Returning under SOGA is more flexible but should still be done as soon as you realise the problem. Practically speaking it may be better to get some kind of agreement of refund before you send it back, and when you do return it, make sure you send an explanatory letter with it to clarify why it is being returned and get proof of postage. Ideally, the company would cover the postage cost upfront, but it may be that you have to claim it back on top of the refund.

That isn't strictly true. Under the DSRs you have 7 days after receiving the item to cancel the transaction, I think you then have up to 30 days to actually return the item. Again, similar situation with SOGA, best to inform them as soon as possible of an issue but you then have a reasonable time to return the item.