Returning an item bought online

alant47

Thanks Flyboy152 and Looksguywalker. I think it is 5 working days since delivery, so I have sent the retailer the following.

"1/ I have had no reply to my messages of yesterday asking for a paid return slip.
2/ I wish to formally cancel my contract as described in the Sales of Goods Act.
3/ I believe you are liable for the cost of return for a defective unit under the Sales of Goods Act
4/ I intend to test more fully the TV in the presence of a third party, then either return the unit by Parcelforce or retain it and make it available for your collection.
5/ Cost of return is £20-30 which I will claim in addition to refund and any future costs.
6/ Unless I receive a reply I will next send a letter to your HQ by registered mail detailing my claim."

I have also stated I will take their published terms and conditions up with their local Trading Standards Office.

Lets see if that produces a response.Thanks again to all for the advice.

Flyboy152

alant47 wrote: »

Thanks Flyboy152 and Looksguywalker. I think it is 5 working days since delivery, so I have sent the retailer the following.

"1/ I have had no reply to my messages of yesterday asking for a paid return slip.
2/ I wish to formally cancel my contract as described in the Sales of Goods Act.
3/ I believe you are liable for the cost of return for a defective unit under the Sales of Goods Act
4/ I intend to test more fully the TV in the presence of a third party, then either return the unit by Parcelforce or retain it and make it available for your collection.
5/ Cost of return is £20-30 which I will claim in addition to refund and any future costs.
6/ Unless I receive a reply I will next send a letter to your HQ by registered mail detailing my claim."

I have also stated I will take their published terms and conditions up with their local Trading Standards Office.

Lets see if that produces a response.Thanks again to all for the advice.

That's an excellent letter Alan and I hope it reeps some positive response, but, unless I am missing something, I still can't see where their terms and conditions are at fault.

alant47

Thanks Flyboy. As an example, saverstore are obviously relying on cause 7.4 to insist an item clearly returned as defective is at my expense. Clause 7.5 says all items should be included and packaging be unblemished..............not as received. I will have to see what they say about the torn interior bag, missing batteries and slight rain damage to the carton when we got it. Clause 9.3.1 could be used to argue that I did not refer to the manufacturer in China for advice...........and if it doesn't affect my rights, why mention it. Clause 9.3.2 makes me liable for a restocking fee of 25% if they find the TV to be serviceable...........my word against theirs? There are further problems in the returns form...........another potential fee of £10 if serviceable and a threat to send it back to me at my cost. That would be possible as I would guess all they need to replace is the remote control...........I would tell them that if I could find somebody helpful.

I suppose the problem is that they are set up for computer components, not consumer goods, and things are worded accordingly. And like all contracts, the wording is less sinister if you trust the motives of the other party! I am sure I could find all sorts of difficult wording in the Amazon contract..........the difference is I have developed a high degree of trust in their service.

Anyway, I'm going on too long. Thanks for the advice............I'll let you know how I get on if I can find the thread again by time it is all over.

ThumbRemote

If you don't trust them to do the right thing, take a bit of video footage of the TV as it currently is (showing the fault, the state of the packaging as received, the TV serial number and anything else pertinant). This may be helpful as proof of the problem later on.

Flyboy152

alant47 wrote: »

Thanks Flyboy. As an example, saverstore are obviously relying on cause 7.4 to insist an item clearly returned as defective is at my expense. Clause 7.5 says all items should be included and packaging be unblemished..............not as received. I will have to see what they say about the torn interior bag, missing batteries and slight rain damage to the carton when we got it. Clause 9.3.1 could be used to argue that I did not refer to the manufacturer in China for advice...........and if it doesn't affect my rights, why mention it. Clause 9.3.2 makes me liable for a restocking fee of 25% if they find the TV to be serviceable...........my word against theirs? There are further problems in the returns form...........another potential fee of £10 if serviceable and a threat to send it back to me at my cost. That would be possible as I would guess all they need to replace is the remote control...........I would tell them that if I could find somebody helpful.

I suppose the problem is that they are set up for computer components, not consumer goods, and things are worded accordingly. And like all contracts, the wording is less sinister if you trust the motives of the other party! I am sure I could find all sorts of difficult wording in the Amazon contract..........the difference is I have developed a high degree of trust in their service.

Anyway, I'm going on too long. Thanks for the advice............I'll let you know how I get on if I can find the thread again by time it is all over.

I can understand your mistrust, especially with the way you have been dealt with so far. However, section 7 specifically deals with cancellation of contracts, not with the return of faulty goods. So, if you were cancelling the contract, because you had changed your mind, it is reasonable for them to expect you to take care of the goods you want to return. Under the distance selling regulations they are allowed to ask you to pay for the return costs of the goods.

Section 9 deals with the return of faulty goods and it specifically states, it is "not applicable to goods returned under your right to cancel." Paragraph 9.3.1 says, "If you think that the product you have purchased is faulty or incompatible with your computer system we may refer you to the manufacturer," it is not a mandatory option and that is the reason why they write, "This does not affect your rights to deal direct with the supplier." It does help to separate the two interpretations.

Paragraph 9.3.2 would be for returns after the cancellation period allowed for in the DSRs (or, for example, in a supplier's own terms and conditions, if they are more generous) has expired. Twenty-five per cent re-stocking fee does sound a little bit excessive, but there is no legal cap on such things. But, if you follow the advice given by ThumbRemote, or seek an independent opinion, it would be difficult for the supplier to argue the the set is not working. Without these options, currently the potential loss to you is only the return cost of twenty pounds, assuming you cancel today (Monday at the latest).

When you call to cancel the order, make sure you are specific that you are actually cancelling the order (it would be best to also follow up immediately with an e-mail confirming cancellation).

alant47

Thumbremote, thanks, of course. video. I was thinking of photos, but my wife's camera can do video with sound.

Flyboy, you are of course right in your analysis of the contract. I was trying to relate the contract as is to their behaviour so far in the hope of seeing where we are likely to end up. After inspecting the TV, they may offer to refund my postage, though I can't see they will. It would not make commercial sense to refund my £20 when their bulk contract could probably do it a a third of the cost.

For interest, it would seem that saverstore, allegedly aka savastore, aka Watford Electronics have previous in this website. (showthread.php?t=416742)

As far as I can see, the thread was shut down as it became acrimonious and I am not going to go any further in checking out whether the companies were (are) related, or any of the allegations valid. However, with what I have read elsewhere, I think I may have a long road ahead..........................