Faulty Item (within warranty) Seller won't pay for/refund return postage costs

SAHMsince08

Hi.

I bought a digital radio for christmas, and it stopped working a few weeks ago (so after 5 months use). I've been in touch with the manufacturer and the seller. The seller has agreed I can send it back for a replacement, but won't pay for the postage I'll incur to send back the faulty goods.

I have found lots of stuff online about having received a faulty item and the seller having to refund or pay for the postage the buyer incurrs for senidng it back. I have quoted a couple of things to the seller, but they keep coming back saying No.

At first they said no because it is outside of the 7 day period. So I pointed out it's faulty and that the 7 day period isn't relevent.

Now they are saying that because it wasn't faulty when it arrived they don't have to pay for it.

I can't find anything specifically that I can quote for it being within a warranty period (12 months) that says they have to pay for the p&p.

Does anyone know where I can get something to quote at them, and then if they still say no what do I do? I don't want to drag this out as I just want the unit swapped for one that works. If the worst comes to the worst I have read I should say that I will pay for the postage but I am not happy about it, so that that is on record if I take it further.

If I take it further, what are the chances of getting the money back? It'll probably be about £5 I guess so obviuosly not mega bucks but it's the principal that if the product was working correctly I wouldn't have had to pay that £5.

Thanks for any help, sorry it's quite long.

Toffee21

Post it recorded delivery and keep the receipt. If you post it 'normally', they may well claim they haven't received it.

Legally, you're correct, they should refund your return posts costs that you are incurring due to their failure to provide goods of satisfactory quality which do not break within 5 months. I'm assuming it was a decent digital radio, not a £5 Lidl type?

They don't have to pay up front for your return postage, and can require you to post it back, have the fault verified and then re-imburse you if they like.

Ultimately if they don't play ball, you've got the decide whether it's worth taking them to the small claims court over £5, even if you are likely to win.

frugal_mike

The relevant law to quote is the Sale of Goods Act 1979 section 48B, part 2:

(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).

Bear in mind that we are about 6 months after Christmas, and things change at the 6 month mark when making a claim under this act. Before 6 months from the date you bought the item it is the sellers responsibility to prove the item was not inherently faulty. After 6 months it is your responsibility to prove the item was inherently faulty (with an independent report).

As Toffee21 mentioned, £5 may not be worth the hassle of fighting over.

SAHMsince08

Thanks for the quote, and for both your replies.

I wasn't sure what the step would be to claiming my return postage costs back, and as it's the small claims court, you are right, it's not going to be worth it!

I contacted the seller regarding the fault within the six months period, but by the time they receive it back to them it will be a few days outside of it. Presumably the fact I contacted them within the time frame is what matters, and that they agreed for me to return it to them within that period.

Anyway, it's not looking likely that they'll do what they're legally required to do. Not sure if I should even push it any further in case they become difficult in regard to me returning it. They're certainly not a company I'll use again, and will make sure I leave feedback with my experience.

Thanks again.