Returns policy on ibathuk.com - is it legal?

GentleGiant_2

I am not sure what our rights are here, if things go wrong?

On their Amazon site it says

RETURNS POLICY: (APPLICABLE TO YOUR SITUATION)

1. Your POSTAL ADDRESS for sending the replacement.
2. All accessories, connectors, nuts & bolts must be returned.
3. (SITUATOIN 1: THE ITEM IS FAULTY or DAMAGED)
For your peace of mind, all of our goods come with varies 12 months to 10 years warranty. Please read the following terms before your purchase. In unlikely event that a manufacturing fault does occur we will try to replace the part within 3 working days. We will cover postage cost for sending replacement parts to any UK address, but cannot be held responsible for any 3rd party costs or compensation in any way for damage to the item or other goods. All returns are tested and if the item proves not to be faulty when tested then a refund will not be made and the item will be sent back. You will be charged the cost of the deliveries.
4. (SITUATION 2: IF THE ITEM HAS NOT BEEN OPENED OR USED) -
If you have ordered the item by mistake or find the item is incompatible and wish to return the order, a refund less postage & packaging will apply.
5. (SITUATION 3: IF THE ITEM HAS BEEN OPENED OR USED) -
If you have ordered the item by mistake or find the item is incompatible and wish to return the order, a restocking fee of 25% will be deducted along with P & P charges. There are some items we cannot accept a return of such as bath, basin and toilet.
You will be responsible for the cost of return delivery and safe return of goods. We provide refund for items purchased within 14 days. Postage is non-refundable. If goods are sent back without care and damage is caused during transit, we will not be able to offer refund, so please make sure you pack the item so no damage can occur. We provide refund for items purchased within 14 days. Postage is non-refundable.

On the ebay site is says

4) I’ve ordered the wrong item. How can I cancel it?

a. We pride ourselves on getting items to our customers as quickly as possible, so when an order is placed it is usually dispatched very quickly. If you order the wrong item, please let us know as soon as possible and we will cancel the delivery for you. If the delivery has been dispatched we will not be able to cancel it with the courier and they will deliver it to you. If you refuse delivery of the item the courier will charge from £19.80 to return it back to us and this charge will be deducted from your refund. Alternatively, if you accept the item, you can send it back at your own cost provided the item is sent via trackable, insured courier and then we will refund you your original payment on its safe, secure and undamaged return.

5) Do I need to pay for the item to be returned to you?

a. Yes, any unwanted items must be returned to us at the customer’s expense and via a trackable, insured courier. On their safe, undamaged return we will then refund you the original cost of the item including the original delivery cost. Please contact us to discuss the details and we can email you a returns form. Please be aware that customers have 7 working days to inspect their goods and if they wish to return the item they must inform us in writing (emails are acceptable) within this time period. After the customer has informed us that they would like to return the item they have 14 days to return it to us.

and

5.4 You will not have any right to cancel a Contract for the supply of any Product which has already been used or damaged or where the packaging or seal has been broken or removed.

I thought that sellers had to refund postage costs to return items, yet it would appear not to be the case. They also say they cannot accept returns of baths, sinks and toilets - surely this is wrong?

I am concerned about ordering and having an issue then being well out of pocket. Not that I am expecting to return an item.

Advice please....

If they are wrong, how do they (and others) get away with it?

zaax

There T&C are worng, I wouldn't order from them as they sound like cowboys

wealdroam

GentleGiant wrote: »

I thought that sellers had to refund postage costs to return items, yet it would appear not to be the case.

No, generally speaking they do not have to refund the cost of you getting the goods back to them if they are not faulty.
But... there are exceptions.

If the goods are faulty, the Sale of Goods Act demands that they cover all costs, i.e. postage both ways.

That is very much a simplified version.

bris

They have made it clear you are responsible for return costs so you know you are. Under DSR this is allowed, although they need to say the same again by durable means. If the goods are faulty then SOGA rules apply. If you think it may not be suitable then don't order it, simples.

GentleGiant_2

Okay - thanks.

Wasn't sure as it says you cannot even open the items without having a 25% restocking fee.

They also say they will deduct their postage and packing fee from the refund as well if you change your mind. Although they give free P&P so not sure if they would deduct an amount for it anyway?

I totally accept that we would need to pay to return the items though.

bazster

If you are returning an item within the cooling-off period:

1. They cannot charge a restocking fee. Simple as that.

2. They must refund the cost of the original delivery from them to you.

3. You have to pay the cost of returning the item if that's what their T & C's say.

4. You are perfectly entitled to open the packaging in order to inspect the goods. They cannot refuse or reduce a refund because of this.

TBH I wouldn't buy from anyone who was so muddled about their legal obligations.

su51skl

Iv just ordered a bathroom suite from them hope its alright.

Qedis

I just bought a shower mixer from their Amazon shop - the description said it came with a 10 year warranty. When the mixer arrived, the operating manual was totally generic and there was no mention of the 10 year warranty. Nor was there any mention of who the supplier / distributor or manufacturer of the mixer was.

I contacted ibathuk via Amazon, who said it did come with a 10 year warranty, and directly with them. I expected the name of a known manufacturer, not a company I'd never heard of... who knows if they'll be around in 2 years time, let alone 10.

One other thing - I'm curious why Amazon makes it impossible to contact the supplier outside their system, but Ebay has the contact details clearly visible, including phone number.