Returning product after 7 days

lah1308

We recently ordered a piece of bathroom worktop (standard size, not bespoke) from a company online. We have had the product for a few weeks and it has come to fitting it and the fitter has told us it won't work in our bathroom. Phoned up supplier and they said they won't take it back as the manufacturer won't accept returns.

I have checked their T&C's and there is nothing in there about this, all the manager says is "Distance Selling Regulations...blah blah blah..."!

Do we have any leg to stand on?

This is what is says on their website :

Unwanted Items

You have the right to cancel your order at any time before goods are delivered to you for any reason.

In compliance with the distance selling regulations you have a "Cooling Off" period where you may withdraw from this agreement at any time up to 7 days after the day we have delivered the goods to you. If we have delivered the goods, you must not have used them and must have kept them in the condition they were delivered. You must return them to us, at your cost. Returned items after 7 days may be subject to 25% handling charge.

When we receive the goods we will inspect them to ensure all manuals, accessories and other components are within the returned package and that the goods are in the condition that we sent them to you with packaging. All items are subject to inspection. If we receive an item that either is not in the condition we sent it or has missing components we shall deduct a reasonable amount to cover any costs to us or return them to you if they are not re-sellable.

Please note: we are unable to take back items that are bespoke/built to order.

Leo2020

They are right in regards to Distance Selling Regulations and having 7 days to notify them. As it is after that period you don't have any rights to return unwanted goods. Maybe you could try selling it on eBay to get some of your money back.

McKneff

Did he say why it wouldnt work in the bathroom, could it not be adapted.

Too wide, too narrow, too long. Or is it just that the colour doesnt work.

Flyboy152

lah1308 wrote: »

We recently ordered a piece of bathroom worktop (standard size, not bespoke) from a company online. We have had the product for a few weeks and it has come to fitting it and the fitter has told us it won't work in our bathroom. Phoned up supplier and they said they won't take it back as the manufacturer won't accept returns.

I have checked their T&C's and there is nothing in there about this, all the manager says is "Distance Selling Regulations...blah blah blah..."!

Do we have any leg to stand on?

This is what is says on their website :

Unwanted Items

You have the right to cancel your order at any time before goods are delivered to you for any reason.

In compliance with the distance selling regulations you have a "Cooling Off" period where you may withdraw from this agreement at any time up to 7 days after the day we have delivered the goods to you. If we have delivered the goods, you must not have used them and must have kept them in the condition they were delivered. You must return them to us, at your cost. Returned items after 7 days may be subject to 25% handling charge.

When we receive the goods we will inspect them to ensure all manuals, accessories and other components are within the returned package and that the goods are in the condition that we sent them to you with packaging. All items are subject to inspection. If we receive an item that either is not in the condition we sent it or has missing components we shall deduct a reasonable amount to cover any costs to us or return them to you if they are not re-sellable.

Please note: we are unable to take back items that are bespoke/built to order.

Were you provided any pre-contractual information, in respect of your rights under the Distance Selling Regulations, in a durable form, either by e-mail or letter?

When we receive the goods we will inspect them to ensure all manuals, accessories and other components are within the returned package and that the goods are in the condition that we sent them to you with packaging. All items are subject to inspection. If we receive an item that either is not in the condition we sent it or has missing components we shall deduct a reasonable amount to cover any costs to us or return them to you if they are not re-sellable.

This is in contravention to the DSRs anyway.

lah1308

Nope - all we got was an invoice and a email confirming delivery. Nothing else....

Flyboy152

lah1308 wrote: »

Nope - all we got was an invoice and a email confirming delivery. Nothing else....

If the seller has failed to provide you with this pre-contractual information in a durable form (simply posting it on their website is not a durable form) they are in breach of regulation eight. If they have not provided this information, I believe (although this will need confirming) your cancellation period is three months.

bobajob_1966

Flyboy152 wrote: »

If the seller has failed to provide you with this pre-contractual information in a durable form (simply posting it on their website is not a durable form) they are in breach of regulation eight. If they have not provided this information, I believe (although this will need confirming) your cancellation period is three months.

The law on this is not clear - there is an argument that the information on a website can be printed and hence is as capable of being in a durable form at an email.

Flyboy152

bobajob_1966 wrote: »

The law on this is not clear - there is an argument that the information on a website can be printed and hence is as capable of being in a durable form at an email.

Sorry, although the law is not actually specific about what is durable, it is quite clear what it considers websites to be. As the information can be changed at any time, it is not considered to be durable.

Durable medium is not defined in the DSRs. Our view is that it
means a form in which information can be retained and reproduced
but cannot be edited, such as an email that can be printed or a letter,
fax or brochure that can be kept for future reference. We do not
consider that information on a website is durable as it can be changed
at any time after the consumer has accessed it. Technological
advances may change what we regard as durable in the future.

lah1308

thanks for the very helpful replies.

when you say "pre-contractual information", what exactly is that? Basically what we can and can't return?

Even the information on their website, durable or not, does not say we can't return the item.

Here is a link :

lah1308

Interesting, this is what I want right? How do we go about enforcing this to a rather rude customer services manager?

Cancellation period in the case of contracts for the supply of goods

11.—(1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of goods begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (5).

(2) Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods.

(3) Where a supplier who has not complied with regulation 8 provides to the consumer the information referred to in regulation 8(2), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the consumer receives the goods, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.

(4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the consumer receives the goods.

(5) In the case of contracts for goods for delivery to third parties, paragraphs (2) to (4) shall apply as if the consumer had received the goods on the day on which they were received by the third party.

Flyboy152

Having the law on your side and getting it enforced are often two very different things. You could forward them a copy of regulations eight and eleven and hope that they realise it is a fait accompli, or you may have to take them to the samll claims court.