Faulty goods but company want extra money before replacing

Truc

Hi
I bought a dinning set (table + 4 chairs) from and on-line retailer of the Shop Direct Group.
I took delivery on the 20th October and found that one of the chair seats was marked. I imediatly contacted the retailer and explained the problem to which they would contact me later.
After 2 weeks I heard nothing so contacted them again, they said they had emailed the manufacturer and will contact me soon.
Yesterday (Wednesday 4th Nov) the telephoned with this solution...
We had to pay them £40.50 for them to send a new (pack of 2) chairs where by we would then return the original marked pack and then get a refund.
The other option was to return the complete dining set for a full refund.
Now, there is no reason to return the lot as we are quite happy with it, but for them to ask us to pay for a second set and then refund at a later date I think is unfair.
I explained that this is unfair and we are not prepared to pay up front for a second set and expect a refund at a later date. (We don't have the money for one).
(oh, we paid in full before delivery so we don't owe anything).
I told them that I was prepaired to box up two of the chairs (because 2 per box) and have them waiting so they could deliver the new set and take the old set with them at the same time, but they refuse to do this stateing that there only 2 options are the ones above.
Now then, I am not prepared to do this and I have never heard of this option with ANY retailer before.
Is this legal what they are trying to do or is the trying to obtain money by menace?
Anyone have an idea where I stand on this one.
I am quite willing to have a repair if they wish to and I also only require a single seat not a whole chair. (The upolstry is marked heavily with streaks).
Any advice would be appreciated.
Thanks

Tozer

You are in the right and they are taking the mick. Speak to Trading Standards (and your credit card provider under s.75 Consumer Credit Act 1974) if they insist on this ridiculous policy.

woody01

Is this legal what they are trying to do or is the trying to obtain money by menace?

Not blowing this out of all proportion then are you? :rolleyes:
Obtain money with menace.... :rotfl:

Truc

woody01 wrote: »

Not blowing this out of all proportion then are you? :rolleyes:

Constructive, cheers!

aliasojo

Truc wrote: »

..............for them to ask us to pay for a second set and then refund at a later date I think is unfair.
I explained that this is unfair and we are not prepared to pay up front for a second set and expect a refund at a later date. (We don't have the money for one).
(oh, we paid in full before delivery so we don't owe anything).
I told them that I was prepaired to box up two of the chairs (because 2 per box) and have them waiting so they could deliver the new set and take the old set with them at the same time, but they refuse to do this stateing that there only 2 options are the ones above.
Now then, I am not prepared to do this and I have never heard of this option with ANY retailer before.

Sorry but I have to disagree with you. Lots of companies work this way.

I'm in exactly the same position at the moment. Faulty item requiring replacement. Options were as above. I was happy enough to have them send out a new one (which they would charge me for) and then they would refund the faulty one.

I completely understood their position of not wanting to send out unpaid for goods, so this solution catered for both parties.

That said, I used a credit card so technically it's not my money being used for the replacement in the interim. I can understand why you might not be happy if you're having to pay out by debit card for instance.

Truc

I have never heard of this way of dealing with a return before. Bare in mind it was delivered faulty and has not become faulty over time.
This is not a small outfit either, it is a major chain which is why I think they are trying it on.
Anyway, this is why I wanted some opinions about if this is right or not. Maybe it is ok, or maybe you have been a victim too. It just doesn't seem right some how.

Tozer

aliasojo wrote: »

Sorry but I have to disagree with you. Lots of companies work this way.

Not heard of it before. Certainly not lawfully correct.

aliasojo

I buy online all the time simply because we live in a small place in the Highlands of Scotland and we don't have choice here.

We're house refurbing and everything (apart from materials such as wood/plasterboard etc) has been bought online.....so many purchases made.

Most companies I've dealt with have this option. TLC-Direct is the latest I've dealt with who does this too.

I'm not knowledgeable enough to know if it's lawfully correct or not, I'll have to take your word for that Tozer....but it is common enough and I personally don't mind it. In fact, it's a bonus for me as I use my Tesco credit card and collect the points on the 'purchase' even although it gets refunded.

Truc

aliasojo wrote: »

I buy online all the time simply because we live in a small place in the Highlands of Scotland and we don't have choice here.

This may be due to your location if you are in the Highlands. I know that some companies have different terms for far North of Scotland and Norther Ireland.

I have been through consumer rights and looked into this but no where does it say that a retailer can do this.
At the most they can charge IF they find the goods returned are NOT faulty.

Two examples of how it should work.
Purchase a fireplace surround, in the box had 2 left rebates and no right rebate. Telephoned them explaining I had 2x no.10s and no no. 11, next day they sent a complete new fireplace surround. No quibble, no problems.
Second example, bought some brackets for fixing an antenna to the wall, box was slightly damaged and some small parts missing (clamps and wall bolts). Sent an email, next day a packet arrived with missing parts in. Again, no quible, they didn't even contact me, they just sent them.

From all the consumer rights info I can find, everything comes down to the retailer being responsible especially that this was delivered faulty and they were informed within 2 hours of the delivery. After more than 2 weeks they respond, which I think has also used up their alloted "reasonable time" for replacement.

All they had to do was to send another seat, not the whole chair let alone a box of two chairs.
I would be happy with a repair if it can be done, but they don't offer that either. However what they do offer is everything on thier website is buy now pay 2010. (Except a replacement chair, which is pay now, get 2010)

aliasojo

Truc wrote: »

This may be due to your location if you are in the Highlands. I know that some companies have different terms for far North of Scotland and Norther Ireland.

As far as I'm aware the only different 'terms' are those of postage costs. You cannot have different terms with regard to faults, depending on where you live. That would not be lawful.

cremegg

Apple do something similar when you have stuff fixed on warranty..although they don't debit it immediately, they take card details ready to debit... they send replacement ipod out, with returns label for you to send your faulty one back...except with our one there were no instructions as to how you arrange the faulty one to get sent back...consignment label in Japanese and from that we had to guess which boxes to fill and chase and chase Apple online to tell me what I needed to do to arrange collection!). If the faulty iPod isn't with them in 10 days then they debit your card. I think this companmy probably charges this fee to make sure people aren't sending back ok stuff and 'wasting' their time... and probably more to make people think oh well it doesn't matter, we'll put up with it!

Anyway, back to the point... I think you're a better person than me... firstly I would not accept a repair, I would want a whole new chair as that one is damaged- it's a brand new item. If it was in a month or two, then ok repair, but this is new and you shouldn't have to settle for a fixed product unless they give you a discount/refund on the item. And if they insisted on this stupid rule re you paying for them to fix their error, then I would say fine, stick it I want my money back!