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refund of postage costs on faulty item

Hi can someone advise me of next steps please.
- bought offer through groupon for a canvas print.
- canvas voucher received and canvas ordered direct from company
- canvas delivered is damaged
-contacted company who have looked at pictures and accepted canvas is damaged and will replace
- However they are saying i must pay to return item at my own expense.
Is this right? Does the 3rd party agreement affect anything? WHat can i do about it?
its a large canvas so would cost about £5 to return, why should i have to pay.
Any help welcome thanks

Comments

  • sabz3008
    sabz3008 Posts: 257 Forumite
    edited 27 May 2011 at 1:57AM
    You don't have to pay...They do for the mere fact that the goods were faulty

    Taken from DSR Guidelines:
    3.57 : If the goods are faulty or do not comply with the contract, you (the business) will have to pay for their return whatever the circumstances.

    My suggestion is to remind them of this and tell them that they're at duty to collect the faulty goods from you.

    The weird exception to this however is if ever you buy anything from eBay, due to mediocre eBay policy, you will be required to pay postage for sending goods back...Somehow, eBay is above the law :\
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    debbie6899 wrote: »
    Hi can someone advise me of next steps please.
    - bought offer through groupon for a canvas print.
    - canvas voucher received and canvas ordered direct from company
    - canvas delivered is damaged
    -contacted company who have looked at pictures and accepted canvas is damaged and will replace
    - However they are saying i must pay to return item at my own expense.
    Is this right? Does the 3rd party agreement affect anything? WHat can i do about it?
    its a large canvas so would cost about £5 to return, why should i have to pay.
    Any help welcome thanks


    No, SoGA applies, see Part 5A 48B, Repair or replacement of the goods;-

    2) If the buyer requires the seller to repair or replace the goods, the seller must—

    (a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;


    (b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).



    .
    Don`t steal - the Government doesn`t like the competition


  • loztiggy
    loztiggy Posts: 355 Forumite
    Was it UK canvas? I got a canvas from them below quality and they havent bothered to help me.
  • sabz3008
    sabz3008 Posts: 257 Forumite
    derrick wrote: »
    No, SoGA applies, see Part 5A 48B, Repair or replacement of the goods;-

    2) If the buyer requires the seller to repair or replace the goods, the seller must—

    (a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;


    (b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).



    .



    OP States:
    - canvas voucher received and canvas ordered direct from company

    And why would the OP need to post it back if it was goods purchased from a store (Where SoGA would apply) , in this instance, DSR would apply (in conjunction with SoGA) would it not?
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    sabz3008 wrote: »
    You don't have to pay...They do for the mere fact that the goods were faulty

    Taken from DSR Guidelines:
    3.57 : If the goods are faulty or do not comply with the contract, you (the business) will have to pay for their return whatever the circumstances.

    My suggestion is to remind them of this and tell them that they're at duty to collect the faulty goods from you.

    The weird exception to this however is if ever you buy anything from eBay, due to mediocre eBay policy, you will be required to pay postage for sending goods back...Somehow, eBay is above the law :\

    No, they are not above the law, they may think they are, but they delude themselves.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • sabz3008
    sabz3008 Posts: 257 Forumite
    Flyboy152 wrote: »
    No, they are not above the law, they may think they are, but they delude themselves.

    I've tried to find their head office details to tell them this..No luck, so contacted the press office outlining an article I placed in my blog...No reply... eBay truly are a terrible customer service experience. Then again, my guess is they'll just argue about 'private sellers' bla bla bla.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Who was the canvas with our of curiosity?
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 28 May 2011 at 1:16PM
    sabz3008 wrote: »
    OP States:



    And why would the OP need to post it back if it was goods purchased from a store (Where SoGA would apply) , in this instance, DSR would apply (in conjunction with SoGA) would it not?

    SoGA still applies, the product is not of "satisfactory quality", and "free from defects."

    .
    Don`t steal - the Government doesn`t like the competition


  • debbie6899
    debbie6899 Posts: 83 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    It was with uk canvas, thanks for the replies
  • loztiggy
    loztiggy Posts: 355 Forumite
    Jeez good luck with that, they are simply the most deliberatley unhelpful company ever. Amazing how they sent me loads of emails when their site was so rubbish it wasnt asking me to pay the p and p and even rang to say when it would arrive (and it came 5 days after the time they said it would) yet they couldnt contact me to say there was a problem with the picture and give me time to sort it, no they just printed it out and sent me a totally useless canvas. Then refused to help me as i asked for assistance via email, not telephone.

    I had never heard of UK CANVAS and now I know why. Disgusting service, disgusting products.
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