Will I have to pay to return sink?

boyse7en

Bought a kitchen sink from an online company, which was delivered on the 18/10.
Went to fit it today, and when I opened the box I found that the strainer bowl was not in there - before I ordered the sink I had emailed the company to check if it included the strainer bowl and received a return email saying that it was included.

The company has a 14-day no-quibble return policy:
(1.1) 14 Days money back guarantee

All items are backed by our 14 days no quibble money back guarantee. Just email us at xxxx within 14 days of delivery with your reason and request for a refund, your name, invoice number, product details and contact telephone number. We will then email you a returns form and returns reference number. You will be required to complete the returns form and send your item back for a refund (we do not cover return postal cost). Goods are refunded within 30 days.


My question is, since the product is not what I ordered would I have to pay return costs? Can't contact them until Monday, so would just like some advice before i call them.

shaun_from_Africa

If you are returning for a change of mind (either under the DSR's of the sellers 14 day policy) then you have to pay for the return costs.
However, as the goods are not as described then you are entitled to reject them under the Sale of goods act and then the seller is responsible for any costs incurred in collecting the sink.

If it is just the strainer bowl that you need, wouldn't it be easier to contact the retailer on Monday and ask them to send you one out by next day delivery (at their cost)?

DCFC79

Does the online description say a strainer is included, id email the company and just say "you were told the sink included this strainer bowl but when you opened it the bowl wasnt there", they might send the bowl out foc. No i wouldnt have thought you would have to pay to return it if an item isnt included which you specifically asked about.

Beaten to it.

boyse7en

Thanks for the replies.

We plan to call and ask them to send the strainer FOC, but wanted to know our rights if they refuse.

The description they have got up doesn't say the strainer is included, but it was in the photo of the item (not the "example kitchen" type pic, one of just the sink) which is why I specifically asked whether it was included. Many other suppliers have it listed as included, so I assumed that it must come from the manufacturer with it.

bris

shaun_from_Africa wrote: »

However, as the goods are not as described then you are entitled to reject them under the Sale of goods act and then the seller is responsible for any costs incurred in collecting the sink.

I think it's a bit late to reject it now under SOGA, the problem should have been spotted within reasonable time, I don't think 11 days is reasonable, it's not hard to check the contents are there after delivery. This will now give them the right to remedy the problem.

shaun_from_Africa

My opinion would be that 11 days could be a reasonable time for rejection in some cases but not in others.
If it was for an item that was being used or installed straight after purchase them 11 days may not be reasonable, but if the sink was being fitted by a kitchen installer or when building work had been completed that the time may be reasonable.

Flyboy152

If the goods are not as described then, if it is being rejected on this basis, the SOGA applies and return postage cannot be charged. However, as this is more than seven working days, after the day after delivery (you have missed that boat by one day), DSRs do not apply.

texranger

boyse7en wrote: »

Just email us at xxxx within 14 days of delivery

they tell you to email them and then you state

Can't contact them until Monday

can others correct me if i am wrong, but i thought you can use email 24/7/365

the business may say they are open Mon - Fri, so you could email them and may not get a reply until money, but some companies do have someone monitoring emails over the weekend

boyse7en

Flyboy152 wrote: »

If the goods are not as described then, if it is being rejected on this basis, the SOGA applies and return postage cannot be charged. However, as this is more than seven working days, after the day after delivery (you have missed that boat by one day), DSRs do not apply.

Don't quite follow you. I'm not returning the goods under DSR regs (which, as I understand it, allow me to return goods that I no longer want, or just don't like the look of), I want to know if I can reject them and have them collected at no cost to myself as they are not what I ordered.

bod1467

The answer to your last sentence is Yes. However the question of "time to inspect" comes into the equation - after a "reasonable" period the purchaser can be deemed to have accepted the goods. I'm not sure what "reasonable" means though, especially where the supplied goods are incomplete.