Who pays return postage?

jaqui56

I saw a well known brand of mattress I wanted on a retailer's website and called the number on their site to order, I paid by credit card. They did not deliver on the day they quoted me (Monday) so I wasted a full day at home for nothing. It arrived yesterday (Friday) but after unwrapping the item (it was in a huge box) I saw that the mattress is not the well known brand they had pictured on their website and I ordered but a brand I have never heard of. I immediately called their customer service who told me the label on my mattress is the equivalent American label of the well known brand! I believe they have substituted the known brand for a lesser known one. I told them it was not acceptable and I wanted to return it but they are telling me I have to pay £40 for return postage! I told the retailer I will not pay for return postage as they did not send the correct goods. I also followed up my phone call with an email so they had it in writing too. They emailed back to say they will be in contact this coming Monday to arrange collection but what do I do if they deduct £40 from my refund? Surely they are in breach of the Trade Descriptions Act?

deanos

what brands are they ?

Tyler_Du

What do the terms on the website say regarding return delivery costs ? If they are not mentioned then they pay the return delivery costs (afaik)

jaqui56

thanks for the quick replies.
Their site says buyer pays return postage but surely the retailer is at fault here as they did not supply the correct item ordered.

j0nathon2

If they're at fault, they pay.

If you change your mind and execute your rights under DSR then it's what your're told in a durable form that matters, and in lieu of this, then they pay.

frugal_mike

jaqui56 wrote: »

thanks for the quick replies.
Their site says buyer pays return postage but surely the retailer is at fault here as they did not supply the correct item ordered.

If the mattress they have sent you is not the one you ordered then you are entitled to reject it for a full refund under the Sale of goods Act, and they cannot charge for re-collection even if their website says otherwise.

However if you tell us the brand you ordered and the brand they sent I'm sure someone will be able to tell you if they are the same.