Return charge for item not as described

gillianc

Hi,

This is my first post, here is my query.

I bought a dehumidifier from BHS Direct, an online company.

On their website the item was described as being suitable for a 3-4 bedroom home. When it arrived the box described it as being suitable for a flat or small 3 bedroom house.

I have a 4 bedroom house, so no use for me. Call to manufacturer confirmed this, they advised I return it and buy a different model.

I now need to return this item. BHS Direct site states that I am liable for the cost of returning the item. I would happily accept this if I had just changed my mind but I bought this item thinking it was suitable given the information on their website.

Should I be liable for the the cost of returning the item given that their description is inaccurate? It's very heavy and will cost around £20 to return.

Thank you for any advice you can offer.

Gillian

melbell

So it is suitable for a 3 bedroom house?

System

melbell wrote: »

So it is suitable for a 3 bedroom house?

But not a four bedroom house which I think is their point!

arcon5

The mis-description does appear to be very slight..

gillianc

Yes it is suitable for a small 3 bedroom house but it is not powerful enough for a 4 bedroom house, manufacturer told me this. I have a 4 bedroom house and only purchased this model because the description on the website said it was suitable.

pinkshoes

arcon5 wrote: »

The mis-description does appear to be very slight..

Huh? The OP has a 4 bed house, and they bought a dehumidifier suitable for a 3/4 bed house. When it arrived, it's only suitable for a flat or small 3 bed house.

SO NOT SUITABLE!!

Gillian, I'd take a screen dump of the description, and email it to them, and insist they've sent the wrong product.

gillianc

Thank you screen dump already taken just in case the description was changed.

I just feel in this case I bought something which is not fit for purpose due to their incorrect description, so why should I have to pay to return it.

George_Michael

arcon5 wrote: »

The mis-description does appear to be very slight..

Slight maybe. but enough to make a big difference to how efficient it may turn out to be.

If you hired a car that was advertised as being suitable for 3 or 4 passengers and when you and your 4 family members collected it, you found that there were only 3 passenger seats, would you accept it or would you ask for one that was suitable for carrying 4 passengers?

fed_up_and_stressed

Suggest you send the following
Dear Sirs,

Following the return of [name goods] which were not as described on your website. (I.e described as suitable for 4 bedroom property contrary to Manfacturer instructions) I am pleased to have received a refund from yourselves (or that you will be refunding the cost - which ever is applicable). However, I am dismayed that you have stated you will not be refunding postage costs.

Your attention is drawn to the Consumer Protection (Distance Selling) Regulations 2000, specifically to regulation 14 which states that you may not make any charge in relation to the supply of goods under a contract whereby the cancellation of the contract is due to the breach of implied terms of the contract (specifically implied terms in relation to section 14 of the Sale of Goods Act).

I therefore request that you reimburse postage fees in accordance with these regulations, and I look forward to receiving payment within the next 14 days.

Yours,

Hopefully that should do the trick. If it doesn't, send another letter giving 7 days for payment and state that you will commence legal action if not received. After that, you can send a final letter before action

arcon5

George_Michael wrote: »

Slight maybe. but enough to make a big difference to how efficient it may turn out to be.

If you hired a car that was advertised as being suitable for 3 or 4 passengers and when you and your 4 family members collected it, you found that there were only 3 passenger seats, would you accept it or would you ask for one that was suitable for carrying 4 passengers?

Not really comparable.

Would be like booking a 1.4L and getting a 1.2L. Slight difference in performance, although thinking about it I concede to the fact it's probably enough to reject it, so back to ops query I guess.

unholyangel

George_Michael wrote: »

Slight maybe. but enough to make a big difference to how efficient it may turn out to be.

If you hired a car that was advertised as being suitable for 3 or 4 passengers and when you and your 4 family members collected it, you found that there were only 3 passenger seats, would you accept it or would you ask for one that was suitable for carrying 4 passengers?

Also enough to make a difference to whether the consumer would've bought it or not ie misleading

Either way, doesnt conform to contract. OP has right under SoGA to assess whether it conforms to contract and reject it outright if it doesnt.