Returning faulty item ... seller refuses to pay postage costs.

goldf1nger

I purchased a Silver Lacquer Polished 4 Placemat Set & matching Silver Lacquer Polished 4 Coaster Set from an online website. A couple of the Lacquer Placemats had very distinct faults [deep scratches] which were unsightly. The others had superficial scratches. The thin plastic inner liner cover around the placemats was in a poor condition on arrival. I did ask the seller in a telephone conversation if he would double check the mats for any faults prior to dispatch. However, both internal packaging boxes were completely intact and had clearly never been opened … all the tape was completely intact. The main external packaging was intact showing no signs of damage in transit. The mats had clearly never been checked. I requested in an email on the day of delivery, a full refund [and all postage costs … including the return carriage charge] as the goods sent were faulty and not fit for purpose. The seller emailed me back saying I could return the items for a full refund ... but he would neither refund my original postage or return post costs. He said he had checked the items prior to dispatch and they weren't faulty. I sent him photographs of the faulty mats. He ignored same.

I sent him a letter [recorded delivery] informing him that he was in breach of the Distance & Selling regulations and that he had 7 days in which to resolve the dispute or I would have no other option but to take him to small claims court.

I also requested that a second order I had pending for 4 Porcelain Mugs – be cancelled with immediate effect as he didn’t have the goods in stock and I requested that my Debit Card be reimbursed £31.91 He said he would process a refund. I’m still waiting.

I don’t know what else to do. He’s clearly not going to refund the postage costs despite the fact that he’s breaking the law and that I’ve threatened him with legal action. I’m still waiting for a refund for cancelled goods that weren't in stock. Is there anything else I could try? I’d really prefer not to avoid small claims court if possible. But I’m furious that this man can get away with breaking the law with such apparent ease.

Any suggestions would be welcome.

The seller in question is thecookskitchen.com