PAying to return faulty items? Sorry long but REALLY appreciate quick advice

familyfitz

I bought a new CADAC BBQ from through Ebay from a company in Northern Ireland back in April .It was faulty then and as the company did not have a replacement , I agreed to them sourcing replacement part from the CADAC company themselves.It took nearly 6 weeks and to be honest I think it finally solved when I contacted CADAC myself (i.e. within days).In retrospect should have returned it but they didnt have another and it was the best price by far.So this fault was sorted out, eventually and I was happy.

Problem is, now there is another fault.I spoke to CADAC themselves having grown increasingly worried about the safety of the unit and they confirmed there is a design fault and offered to send replacement parts, which I agreed to.

BUT, I researched the problem more online and have found that even with replacement parts, the same issue can arise again (remember it is a "design fault" as said by CADAC).I therefore decided I did not want to take any chances on the safety of this unit and more importantly myself and family while using it.I contacted the original purchase company in N.Ireland and explained the new problem and that it has been confirmed to be a design fault.Although I said I was offered a replacement part, I explained the continued proble and They have agreed to refund my original purchase amount £94, not the original postage (£6.50) NOR the cost to return the item (£23.50 using ParecelForce as they suggested).

I said I felt that wasn't right to have to pay all these costs myself for a faulty unit (they dont have a replacement) but I was told its in their terms of sale (which I have still to check) and I left it that I would look into the costs and let them know when I was returning the item.

Now, I feel strongly that this is wrong and dont want to accept it but with us about to go on holiday I have had to replace the unit myself (with a different version) and hence want a refund ASAP.I would of course still want a quick refund anyway but I am not sure how much, or when to fight this.

My instinct is not to let them away with it (assuming my gut feeling is right that they should pay) but I want/need it sorted ASAP so am tempted to just put it down to bad experience. BUT did wonder whether to state in my email when sending it that I have taken their advise and used Parcel Force to return item at the cost of x but am confident that when an item is returned as faulty, the full costs including return postage should be refunded.I dont know whether to quote the following (taken from another thread and raising whether or not it is still accurate as older thread)

I wish to draw your attention to r.14(6) of the Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) Which specifically states that, where goods are returned as a right due to a breach of a term implied by statute (specifically s. 14 of the Sale of Goods Act 1979), the rights, given by r. 14(5), of a seller (yourselves) to require the buyer (myself) to bear the cost of a return is disapplied.

As such, the cost of bearing the return lies with yourselves. I therefore expect that you will fulfill your contractual and statutory obligation to refund my full costs including postage"

As I said earlier, I really want to get my money back ASAP and dont want to delay sending the item back but what do people suggest?Do as I have said above or something else? Bear inmind I go on holiday in a week and we all know what pre-hol is like!

If only I could stop finding good bargains on this site, I would save a fortune! :rotfl:

familyfitz

Can no-one offer any advice? Please

unholyangel

You may be required to pay to return the goods, but you must have been informed of this as part of the pre-contractual information. if the goods are faulty, then under Sale of Goods, the supplier will always bear the cost of returning them.


http://whatconsumer.co.uk/buying-online/

Equaliser123

Supplier is responsible. The DSR isn't relevant here.

familyfitz

That's what I thought and I have checked the conditions of sale where they talk about the DSR (7 day return) but state that consumer needs to pay. As below

Your rights to return goods are protected under the EU Distance Selling Directive.

You are entitled to cancel your order and return the goods within 7 working days for a full refund, including the cost of delivery. Do this by contacting us by email or telephone and quoting the order number supplied to you. Your refund will be paid within 30 days. You are responsible for the cost and risk of loss or damage when returning the goods, so you should take out enough postal insurance to cover their value. This cancellation policy does not affect your rights when we are at fault - for example, if goods are faulty or misdescribed.

I cant afford to delay return as have to purchase another unit before going camping next week so have sent the unit back but have pointed the above out in the accompanying letter. i.e. that as faulty, I should not have to bear cost.

Will just have to wait for outcome of that.As I say, if I didnt have to turn around and purchase something before going away, I would have dug my heals in pre return but cant afford to not have my refund of the main unit and have to pay for second one.

Thanks for comfirming what I thought and will wait and see

Hintza

Don't understand what your problem is. They have offered you a refund upon return!

unholyangel

familyfitz wrote: »

That's what I thought and I have checked the conditions of sale where they talk about the DSR (7 day return) but state that consumer needs to pay.

Basically you're not returning the item under the DSR, you're returning it under the SOGA in which the retailer is obliged to pay costs.

SOGA state the return of faulty items should be at no expense to the customer.

unholyangel

Hintza wrote: »

Don't understand what your problem is. They have offered you a refund upon return!

They've offered a refund minus the costs of postage. Which (if i remember the figures correctly) amount to around 30% of the price paid.

familyfitz

Hintza wrote: »

Don't understand what your problem is. They have offered you a refund upon return!

My problem is that the item is faulty after only half a dozen uses (took this many uses/alongside reading on camping forums that what we were experiencing was dangerous and a fault). Although the company have said they will refund the cost of the item paid i.e £94, they will not cover the costs to return it which is £23.50.

As the item is faulty under the sale of goods act I understand that I shouldnt be due to pay to return it.

As I said earlier, I have taken the decision to go ahead and return it but have raised the issue of postage costs again and will see outcome.

Thanks for everyones help

Laz123

As far as I know in a case like this they are obliged to pay for the original delivery charge and not the returning delivery charge but only if the goods are returned within 7 days.

unholyangel

Laz123 wrote: »

As far as I know in a case like this they are obliged to pay for the original delivery charge and not the returning delivery charge but only if the goods are returned within 7 days.

Thats if you're returning under the DSR. The OP is returning under the SOGA.

Also, the DSR only states you have to notify the retailer within 7 working days of your intent to return the items. But as stated, the DSR isnt applicable here.