absolutebeds.co.uk [TEXT DELETED]

cacaolat

I have sent a cancellation email on the same day as my wife took the delivery. The company said that they would contact us prior to delivery but they did not, otherwise we could have cancelled prior to delivery.
I can't see anything wrong with returning the goods on the same day to the only address given. Despite the terms and conditions I did get a note stating the order number and "Goods Returned" on it.

cacaolat

Anihilator ! and as this was clearly a internet sale, why should the Distance Selling Regulations not apply ?

Anihilator

cacaolat wrote: »

Anihilator ! and as this was clearly a internet sale, why should the Distance Selling Regulations not apply ?

Because it was unclear if you had cancelled within the 7 days in writing. You confirmed you did so they will apply.

However there terms do allow them to charge for return posting. It wasnt imo a reasonable assumption that the goods go to a local store and you should have asked them where to send/take the goods.

They imo are in their rights to charge a reasonable sum to return the goods to wherever they should be.

Now if they broke down to £15 postage, £30 admin and £5 card fee your entitled to £35 back. If they simply stated return cost then legally I would suggest you wont get any of it back as they will advise its a return packaging cost.

cacaolat

I don't believe any judge would agree to a return postage (from shop to manufacturer) because in the shops own terms and conditions they say...
Returns and Cancellation Policy after delivery of the good(s), you have two options:
(a) take responsibility for returning the products to us at your own cost and at your own risk; or
(b) authorise us to collect the goods at a mutually convenient date.

I wrote my cancellation email and followed option (a)... they only say to us, there is no word of follow instructions as to where to return the item.....

Anihilator

cacaolat wrote: »

I don't believe any judge would agree to a return postage (from shop to manufacturer) because in the shops own terms and conditions they say...
Returns and Cancellation Policy after delivery of the good(s), you have two options:
(a) take responsibility for returning the products to us at your own cost and at your own risk; or
(b) authorise us to collect the goods at a mutually convenient date.

I wrote my cancellation email and followed option (a)... they only say to us, there is no word of follow instructions as to where to return the item.....

Yes but its not reasonable to take them where you want. Many stores are completely seperate from their online variants.

laur1234

I think the retailer would have a hard time charging for return costs. The t's and c's say items must be returned to "us". Unless they have defined "us" to mean a specific warehouse, head office etc, it's reasonable for you to return item to the store. They are the retailer's t's and c's, so any ambiguities are construed against them.

I'd say yo should go for it with small claims if you are prepared to put a bit of time into it - store is trying to wear you down, and their attempt to exclude your rights by signing is overidden by fact that the manager said he would refund if he was wrong! As long as you win part of the money, you will get the court fee back, so if the retailer fights they may end up even more out of pocket!

PS Their t's and c's are not enforceable to the extent that they try to override the Reg's. EG they state that returns must be in original packaging, unsealed and that you can't return special order items. Reg's only require you to take reasonable care of goods, and don't exclude special orders, just personalised ones (eg wooden cot with child's name carved int it).

cacaolat

I have given them some more time, as the Managing Director was away for a while. Today I have finally applied to Her Majesty's Court Service.