Returning a faulty product who pays the postage.

sheppod55

Hi,

I bought a push chair from an online retailer in Jan 13, its developed a fault which I would like fixing. I contacted the seller and they are happy for the product to be sent back for an inspection, however the are asking me to pay £28.50 for the return. I stated the DSR and SOGA however they are saying because thier T&Cs says that if a product is returned outside thier provided warranty of 6 months the consumer will have to pay for the return, even though the manufacturer offers a 24 months guarantee.

Here's their T&Cs

This guarantee is in addition to and does not in any way affect your statutory rights. This guarantee is full of charge. Please note the following terms and conditions for this:

• The guarantee is applicable for all products purchased from Kiddisave.co.uk
• The guarantee is not transferable
• The guarantee is for 6 months which starts from the date the product is delivered to you
• The guarantee only applied to the original purchaser accompanied by the original receipt
• The guarantee only applied to the purchase products and does not cover any consequential losses such as times or other products
• The guarantee applies to manufacturing and material defects only under normal domestic use in the UK are Republic of Ireland.
• The guarantee does not cover faults caused by failure to use the product in the correct manner. This includes when toddler boards are used on the item.
• The guarantee does not cover parts subject to wear and tear
• We recommend regualar maintenance of moving parts and lubricant such as WD40 should be applied to keep parts running smoothly
• If the product is found to be defective within the criteria specified above we shall arrange for the product to be inspected and repaired. If the product is not repairable we will endeavour to provide a replacement of the same or similar model where possible.
• If a claim is made under this guarantee and the defect is deemed not to be due to faulty materials or manufacture a charge will be made of £28.50 to cover the courier costs. Any replacement parts will be charged in addition to this.

MANUFACTURERS GUARANTEE
Manufacturers guarantees and terms and conditions will vary. Please refer to the manufacturer for this information.
In the event that your product is out of guarantee with ourselves but still under guarantee with the manufacturer for us to arrange collection of the product there will be a charge levied of £28.50 to cover the couriers cost.

Are they right or is it their responsibillity if the product is proven to be faulty.

Many Thanks
Nathan

unholyangel

Its their responsibility if its a SoGA remedy.

However, in SoGA, after 6 months the burden of proof passes so that it is up to the consumer to prove the goods are inherently faulty and not faulty though misuse or natural wear & tear.

This is usually done via independent report - the cost of which can be recovered from the retailer if the report finds in your favour.

bris

They are entitled to ask you to pay for the return so they can inspect it just in case it's misuse or wear and tear.

If however it's proven to be a manufacturing fault then they should reimburse you this cost.

The other problem you have is the fact it is over 6 months old so to claim on the SOGA you would need a report from an independant expert to say it is inherently faulty. If you get this then they would be liable for all costs involved if they accept it, including the cost of the report.

By sending it to them without this you are using the terms of the warranty, which can impose these rules.

wealdroam

OP, have another read of the last bullet point in their guarantee:

If a claim is made under this guarantee and the defect is deemed not to be due to faulty materials or manufacture a charge will be made of £28.50 to cover the courier costs.

Note the bit that says "the defect is deemed not to be due to faulty materials or manufacture".

I am sure they will refund that carriage charge if the fault is found "to be due to faulty materials or manufacture".

There is nothing to stop you using another carrier if you can find a cheaper one.

sheppod55

Hi, many thanks for the replys. It seems likely that they will have to refund the amount of it is found to have a fault which it due to manufacturing. I will check with them tomorrow. Again thanks.

meanweb

I have exactly the same problem with our pram, and the same retailer, and wondered what the outcome of this was?

I have also queried it with the supplier direct, who said the retailer, should send it back for repair.

They have given me the below option now:

The repair would need to be given a SO ref number, this is provided to the retailer when booked in. The only other option, we try not to do this because the customers are supposed to go through their retailer. For the customer to call our Customer Services on 01284 413141 and the customer would need to provide a proof of purchase. The adviser would then book the repair in for the customer at a cost of £15 which is for the Courier charges. The customer would need to box the Buzz for collection.

If the supplier only want to charge me £15, but the retailer want to charge me £28.50.

I'm guessing they are making £13.50 for themselves, to cover their costs to collect from me? (but should I have to pay for this if it's faulty?)

Thanks in advance.
Barry