Returning an item bought online

alant47

I bought a 19 inch TV from saverstore.com delivered last Wednesday or Thursday. It was received minus batteries for the remote and internal packing suggested it had been repacked. It also didn't work. I filled in their online returns form asking for a replacement and waited their requested 48 hours for a reply, then a day longer. Yesterday was invited to return the item at my expense (about £20) and warned on a number of scenarios for which they could further debit my account. I have protested and now demanded a refund and am confident I know how to progress a claim to County Court if necessary.

However, I was horrified by the terms and conditions when checking the small print on their website.

< tried to post a link, but not allowed as new user. terms and conditions are linked from the front page of their website>

If these would all stand up in court, I may be wasting my time. This will obviously play out over a period of months, but meanwhile I am not sure whether to return the TV at my expense ( I will obviously lose the proof it was defective) or to make it available for collection at their expense.

I have also advised my credit card company they are jointly liable (Total cost inc delivery£106) Any advice on how to play this would be appreciated.

And yes.............read the small print next time I would take on board as sound advice! Perhaps I have been lulled into a false sense of security dealing with Amazon and the like.

Thanks, Alan

Flyboy152

You can post the URL, without the http and we can copy and paste. It would help to know exactly what they say in their terms and conditions.

If you are returning the item because it is faulty, they cannot charge you return postage.

wealdroam

Here are their T&Cs.

halibut2209

If it didn't work, then say you wish to return it under SOGA, and they are obliged to pay all costs.

paddyrg

You are returning the goods as defective under SoGA, they owe you a refund, repair or replacement - however they get to choose which. You do not need to pay postage for that, and you can remind them of such if you need to.

9.3.4 If a product fails within the manufacturer’s DOA (dead on arrival) period, a replacement product or a refund will be offered to you, you will be offered a repair and not a replacement on PC systems as this is the most economical option, high costs are involved with offering replacements, this does not affect your right to a refund.

arcon5

paddyrg wrote: »

You are returning the goods as defective under SoGA, they owe you a refund, repair or replacement - however they get to choose which. You do not need to pay postage for that, and you can remind them of such if you need to.

9.3.4 If a product fails within the manufacturer’s DOA (dead on arrival) period, a replacement product or a refund will be offered to you, you will be offered a repair and not a replacement on PC systems as this is the most economical option, high costs are involved with offering replacements, this does not affect your right to a refund.

The retailer only effectively chooses a remedy after you are deemed to have accepted the goods. Op received the goods just 6 or days ago, so will be entitled to reject the goods under the Sales of Goods Act for a full refund.

Their terms cannot override ops statutory rights.

halibut2209

Indeed. If faulty on arrival, then the OP is quite entitled to a full refund under SOGA including the seller paying for the recovery of the goods.

Flyboy152

alant47 wrote: »

However, I was horrified by the terms and conditions when checking the small print on their website.

< tried to post a link, but not allowed as new user. terms and conditions are linked from the front page of their website>

wealdroam wrote: »

Here are their T&Cs.

To be honest Alan, unless I am missing something glaringly obvious, I can't really see anything in their terms and conditions that would be detrimental to you, or your statutory rights. The only thing I can say is that they haven't promised a refund of return costs of a faulty item, but it doesn't mean that they won't.

Did they say that if the item was declared as faulty they would refund the return costs?

alant47

Many thanks to you all for your advice which, to summarise, says they can't dodge the SoGA in their terms and conditions. So far, they have told me I can send the item back at my expense and that they will charge me further if in their opinion the TV is not faulty. No mention of a refund if the TV is in fact faulty.

After reading their T&C's I would rather go for a refund and have no further dealings with them. They have not yet replied to my further missives. and I am a little loathe to let a defective TV out of my hands to stage a miraculous recovery enroute to them. A bit of research on the company has not filled me with confidence.

Is it better, do you think, to pay the money, send it back and fight it from there, or to hold on to the evidence, invite them to collect the TV and progress a claim if they refuse to amend their position. I presume the TV could be handed back at any point up to a County Court action?

Advice appreciated, thanks......................Alan

Flyboy152

alant47 wrote: »

Many thanks to you all for your advice which, to summarise, says they can't dodge the SoGA in their terms and conditions. So far, they have told me I can send the item back at my expense and that they will charge me further if in their opinion the TV is not faulty. No mention of a refund if the TV is in fact faulty.

After reading their T&C's I would rather go for a refund and have no further dealings with them. They have not yet replied to my further missives. and I am a little loathe to let a defective TV out of my hands to stage a miraculous recovery enroute to them. A bit of research on the company has not filled me with confidence.

Is it better, do you think, to pay the money, send it back and fight it from there, or to hold on to the evidence, invite them to collect the TV and progress a claim if they refuse to amend their position. I presume the TV could be handed back at any point up to a County Court action?

Advice appreciated, thanks......................Alan

You need to, tomorrow, contact them and formally cancel the contract. If this is done within the seven working days, after the date of delivery, according to their terms and conditions, they will not charge anything to you.

You can then decide whether to have the television set inspected by an independent engineer, to confirm it is actually faulty, but, I think this cost will have to be borne by you, as the retailer is not disputing that any fault was or wasn't inherent.

How much will it cost to send it back?

Looksguywalker

Flyboy152 wrote: »

You need to, tomorrow, contact them and formally cancel the contract. If this is done within the seven working days, after the date of delivery, according to their terms and conditions, they will not charge anything to you.

You can then decide whether to have the television set inspected by an independent engineer, to confirm it is actually faulty, but, I think this cost will have to be borne by you, as the retailer is not disputing that any fault was or wasn't inherent.

How much will it cost to send it back?

...about £20 according to the OP.