Faulty furniture bought online

Marc_M

Hi, I bought a computer desk online and it was damaged when it arrived. I emailed the seller within 2 working days, said that I wasn't happy with it and requested a refund. That was on 7th March! Today, after previously wasting more time asking me for photos of the damage, they have offered only replacement of the damaged parts or they can collect the goods and charge me for the collection. Is this allowed? I thought that the DSR allowed me to reject faulty goods for a full refund and no return shipping fees. Given the time they've taken to respond I had to buy another desk anyway!

Thanks,

halibut2209

If you return under DSR, they can charge you the cost of sending it back to them if it says so in their T&Cs

If you return under SOGA, they are liable for all delivery and collection costs

Marc_M

Hi,

Thanks for reply. The seller is insisting that they will only offer to send replacement parts to make up the complete item; any refund will be minus the cost of them collecting if I don't want the goods. I rejected this item within 2 workings days so are they entitled to do this? They say it's in the t&c's but surely they can't override the SOGA?

PZH

Marc_M wrote: »

I emailed the seller within 2 working days, said that I wasn't happy with it and requested a refund.

Marc_M wrote: »

..any refund will be minus the cost of them collecting if I don't want the goods.

Did you tell them your were rejecting it because it was damaged in your initial email ?

If you did, then NO, they cannot charge you for return costs and yes you are entitled to a refund of all monies paid* (T&C's cannot overide your statutory rights).

If you simply rejected it as "I wasn't happy with it" - then you may be liable for the return costs. ( Depends if they stipulate this explicitly their T&C's )


* Although the also have the right to repair or replace? Or is this just faulty goods ( i.e. goods that break down )

unholyangel

phoodless wrote: »

Did you tell them your were rejecting it because it was damaged in your initial email ?

If you did, then NO, they cannot charge you for return costs and yes you are entitled to a refund of all monies paid* (T&C's cannot overide your statutory rights).

If you simply rejected it as "I wasn't happy with it" - then you may be liable for the return costs. ( Depends if they stipulate this explicitly their T&C's )


* Although the also have the right to repair or replace? Or is this just faulty goods ( i.e. goods that break down )

SOGA does allow the customer to reject within a "reasonable" time for a full refund but doesnt stipulate what is "reasonable". I would think in any case (at least for items that immediately are springing to mind) 2 days is reasonable. Then again its not my opinion that counts.


OP, you say you emailed "the seller" and not the company.......was it a private sale or from a business? How did you buy it? If it was from a business website then you should be covered by DSR's and SOGA. If you bought from a site such as ebay, your rights will depend on the specifics of the sale (such as what type of listing and if the seller is business or not).

Marc_M

I bought this from a company that sells online and I told them that the goods were faulty and requested a refund in the initial email. Furthermore, I paid by credit card so I guess the card provider is equally liable under Section 75 of the CCA. The goods were faulty at the time of delivery so they didn't break down in use.

PZH

Marc_M wrote: »

I bought this from a company that sells online and I told them that the goods were faulty and requested a refund in the initial email. Furthermore, I paid by credit card so I guess the card provider is equally liable under Section 75 of the CCA. The goods were faulty at the time of delivery so they didn't break down in use.

So, yes, you are entitled to a full refund of all monies paid (the desk and the delivery to you).

Furthermore, it is up to the company to recover the desk at their own cost.

I would send them a letter (Recorded delivery) stating that you want a full refund for the faulty goods (including any delivery charge) and for them to arrange recovery of the desk, at their expense, within 2 weeks.

State that failure of them to comply with your request will result in the desk being disposed of and a S75 claim being made with your credit card company (who will in turn, I assume, claim the money back from the seller)

If you do make a S75 claim then forward all the correspondance to the CC company as proof that you have tried to resolve the issue with the seller.