Sent wrong item - what are my rights?

aisakos

I bought a dog car harness from Vet UK (online) on the 8th Jan 14, and a parcel arrived on the 11th with the incorrect item inside the packaging.

Paid with debit card

Vendors are telling me that in order to receive a refund/replacement I have to send the incorrect item back. I was emailed a freepost label and off I went to my local post box only to find it won't fit through the letterbox. To take this to the post office would require me using my car & as it's their mistake, I don't think I should be spending my petrol money on sending it back (perhaps I should?)

Anyhow, I let the company know that it wouldn't fit through the postbox - they replied the following:

"Thank you for your email. As there are no fragile or rigid parts it should have been possible to gently fold the parcel sufficiently to squeeze it through. Moving forward some postmen are happy to collect parcels to take to the sorting office when making deliveries or alternatively you will need to visit your sorting office."

Of course I tried to make it squeeze through - they've basically called me a liar.

Can anyone offer some advice?

Thank you.

InsideInsurance

It really does sound as if they are being fairly reasonable. They've been upfront giving you postage to return it rather than saying to do it at your own expense and wait for a refund. Likewise they've come up with two practical solutions to the letterbox problem.

Are you really not going to go anywhere near a post office again in your life to nip in whilst you are there to drop it off as an oversized item?

baza52

If you don't return the item you wont get a refund.
Surely the price of the petrol against a wasted purchase is a lot cheaper.
Can you not get a bus?

powerful_Rogue

aisakos wrote: »

Of course I tried to make it squeeze through - they've basically called me a liar.

No they haven't.

You said it wouldn't fit and they said because it isn't fragile and wont break it would be ok to fold it.

frugal_mike

The Distance Selling Regulations state that you do not have to post the item back if you don't want to. Your only obligation is to hand it over if they send someone to collect it.

You'll probably be in for a fight if you try and go down that route though. As others have said, it would be simpler and less stressful to just send it yourself.

Littlestars_2

If you want a refund/replacement of course you need to send it back, yes they made a mistake in the first place but you are required to send it back.

frugal_mike

Littlestars wrote: »

If you want a refund/replacement of course you need to send it back, yes they made a mistake in the first place but you are required to send it back.

Strictly speaking this is not true as I said above. The Distance Selling Regulations say the only obligation is to deliver the item to the seller at the customers address. Regulation 17 paragraph 4 if i remember correctly.

It would be stressful and annoying to try and force that right through rather than going to the post office in my opinion though.

visidigi

He's right, they can't insist on getting it back before issuing a refund. But if you don't you can expect to get pursued for the item by the retailer

jacques_chirac

frugal_mike wrote: »

The Distance Selling Regulations state that you do not have to post the item back if you don't want to. Your only obligation is to hand it over if they send someone to collect it.

You'll probably be in for a fight if you try and go down that route though. As others have said, it would be simpler and less stressful to just send it yourself.

There are times when common sense should come before the law, and this is one of them. I find it difficult to believe someone living in London that walks a dog does not come across a post office once in a while.

frugal_mike

jacques_chirac wrote: »

There are times when common sense should come before the law, and this is one of them. I find it difficult to believe someone living in London that walks a dog does not come across a post office once in a while.

Oh I agree it would be more sensible and less stressful to post it back if possible rather than insist on a courier. However if OP wants to go down that route I thought it was right to let them know they are legally entitled to.