Returning faulty items bought in-store to Head Office - who pays?

Tweetinat

I bought a coat at the beginning of December from Hobbs and in February the a couple of the poppers broke and one more is cracked and soon to fall off.

After a long-round about journey, Hobbs have finally agreed to offer a credit note for the full purchase price (which I'm aware they can't do but that's another story) provided I return the coat to their head office. They want me to pay for the return.

I am aware that they can't make me accept a credit note and I'm fairly confident about arguing that point, but I am unsure about who has to pay for the return of the item. I have found FAQs on various websites which make it clear that if the item was bought online, then the retailer has to pay. However, I can't find any information about who pays for the return when the original purchase was made in a shop. (It's probably out there but I'm google-blind today I think).

Could anyone point to the relevant part of the legislation that would help my case? I am going to suggest taking the faulty coat into their shop anyway and asking them to refund, but I suspect they're going to try to palm it off to head office, in which case I'd like to have my arguments ready.

Many thanks in advance

Takeaway_Addict

You have no rights to a refund as its been so long since you purchased the coat. They have the right to repair, replace or refund as they see fit so you are correct in that a credit note isn't allowed.

I presume you have proof of purchasing?

With regards costs, the company should pay if that is how they want to deal with it but two things, if you give it to the store to send get them to write a reciept and if you do end up sending it do it recorded (depending on price)

Tweetinat

Thanks for your reply. They have told me that they cannot repair or replace the coat (it was a long round about story so didn't mention that bit) so the only option available to them is a refund. I don't think three months is 'so long' - I certainly expect a cost costing over £150 to last longer than that!

I do have proof of purchase so there's no problem there.

I agree that I certainly expect them to pay for the return if that's what they want me to do, but given all the hoo-ha I've had for them up to now I fully expect them to refuse, hence wanting something a bit more concrete (such as reference to the legislation).

frugal_mike

Under the Sale of Goods Act the seller must cover all costs of repairing or replacing the coat. It doesn't specifically say they have to cover the costs of a refund that I can see, but you should only have to return it to the place you bought it from. If they want to post it to head office then that's their problem.

And you are right, they can't force you to accept a credit note if you don't want to. If they can't refund or replace you are entitled to a refund, but that may be partial to account for usage of the item.

BobQ

Tweetinat wrote: »

I bought a coat at the beginning of December from Hobbs and in February the a couple of the poppers broke and one more is cracked and soon to fall off.

After a long-round about journey, Hobbs have finally agreed to offer a credit note for the full purchase price (which I'm aware they can't do but that's another story) provided I return the coat to their head office. They want me to pay for the return.

I am aware that they can't make me accept a credit note and I'm fairly confident about arguing that point, but I am unsure about who has to pay for the return of the item. I have found FAQs on various websites which make it clear that if the item was bought online, then the retailer has to pay. However, I can't find any information about who pays for the return when the original purchase was made in a shop. (It's probably out there but I'm google-blind today I think).

Could anyone point to the relevant part of the legislation that would help my case? I am going to suggest taking the faulty coat into their shop anyway and asking them to refund, but I suspect they're going to try to palm it off to head office, in which case I'd like to have my arguments ready.

Many thanks in advance

Three months is not that long. The goods must be fit for purpose and on a coat that includes the ability to fasten it. Within six months the onus is on the seller to prove the goods are of acceptable quality.

You need to reject the goods and assert that it is not fit for purpose if this is what you think any reasonable person would say. Return to the seller.



http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

unholyangel

frugal_mike wrote: »

Under the Sale of Goods Act the seller must cover all costs of repairing or replacing the coat. It doesn't specifically say they have to cover the costs of a refund that I can see, but you should only have to return it to the place you bought it from. If they want to post it to head office then that's their problem.

And you are right, they can't force you to accept a credit note if you don't want to. If they can't refund or replace you are entitled to a refund, but that may be partial to account for usage of the item.

"common" law principle. That is to say that its a general principle where one party is in breach, they should be responsible for any reasonable costs incurred as a direct result of the breach.

frugal_mike

unholyangel wrote: »

"common" law principle. That is to say that its a general principle where one party is in breach, they should be responsible for any reasonable costs incurred as a direct result of the breach.

Indeed, but OP asked for a reference to legislation. It seems to me that its an oversight that the SOGA specifically says that the seller is responsible for costs for repair and replacement, but not for refunds. I guess there was an assumption that refunds will have no costs involved.

I imagine that a judge would view it as unreasonable of the shop to refuse a refund unless the OP posted the item back go head office rather than letting them return it to a shop.