Reimbursing a return charge???

MaD2ko0l

Hi,

I ordered some furniture from a company and when i received it i couldn't thoroughly check it at the time as my garden was being renovated.

When i finally managed to check the furniture i found that there was an issue with one of the legs where the fixings were bent.

I reported this to the company and they said that because i signed for the goods in "good condition" and hadn't reported this issue in a timely manor (i reported this about 18 working days after i received the furniture) i would have to send the part back and they would attempt to "repair or replace" the part for me.

So i sent the leg back to them and then a few days later they sent one back which was perfect. I now have the furniture built and no issues.

Now i have been speaking to them and they said that because i didn't report this in a reasonable time frame they will not be reimbursing me the cost that i had to pay to send back the leg.

Where do i stand on this and how can i go about reclaiming my funds if at all?

zaax

Not a lot. Small claims are for only for items above £100 the £80 cost might push it above. But their will a lot of hassle in writing out the claim etc.

wealdroam

zaax wrote: »

Small claims are for only for items above £100...

Hi Zaax,
Not heard about that limit before.

What legislation is that?
Have you got a link?

System

wealdroam wrote: »

Hi Zaax,
Not heard about that limit before.

What legislation is that?
Have you got a link?

You know perfectly well that legislation doesn't exist and he has no link.

Let it go

unholyangel

If the fault occurs within the first 6 months is it assumed to be inherent and it is for the retailer to prove otherwise. Once the 6 months pass, the burden of proof reverses and it is for the consumer to prove that the fault is inherent and not the result of misuse/wear n tear.

If a fault is inherent, it is covered by the sale of goods act. SOGA stipulates that the remedy provided by the retailer should be of no significant inconvenience or (more importantly) at no cost to the consumer.

The only thing your acceptance of the goods would determine is whether you can outright reject the items and claim a full refund. I think 2-4 weeks is probably "reasonable time" to examine the goods and anything over this would have constituted acceptance -however my opinion is just one of many.

Once it is deemed that you have accepted the goods, you cannot outright reject them for a full refund however you can request a repair/replacement/refund - which may be partial to take into account use had. The retailer can refuse your chosen remedy if it is disproportionately costly in comparison to other remedies.

From SOGA:

(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

arcon5

zaax wrote: »

Not a lot. Small claims are for only for items above £100 the £80 cost might push it above. But their will a lot of hassle in writing out the claim etc.

First bits correct, sort off, unless your willing to go to court over what I imagine to be a derisory sum there isn't much you can do other than complain.

The rest is all wrong...

There is no lower limit for small claims.
Cost of filing would only be £20 and £60 hearing fee, added to the claim as unlikely to reach latter stage.
Filing can be done online and is relatively simple.

Hintza

I think the company have been more than fair. With DSR you are given 7 days too check the goods. They could have made this a lot more difficult for you.

unholyangel

Hintza wrote: »

I think the company have been more than fair. With DSR you are given 7 days too check the goods. They could have made this a lot more difficult for you.

With DSRs you are given 7 days to change your mind for any (or no) reason at all. Which is totally different to faulty goods.

T_T_2

You haven't got a leg to stand on....