Distance selling rules

rubberdubber

Hi
3 weeks ago I bought a metal shed - it was delivered within 3 days - but when we went to put it up we found that the metal corners were all mangled.

I contacted the company we bought it from, who got in touch with the manufacturer, I then had to send photos of the damage. The manufacturer agreed that the shed was damaged.

I have since phoned the company who I bought it from 3 times requesting that they pick the darned thing up and refund my money..

there response was 'we can't refund until the manufacturers have received the item back'

However as I understand the distance selling regs.

1) my contract is with the company I bought it from NOT the manufacturer, so they should refund immediately

2) They have 30 days to refund my money

3) the goods need not be returned - before money is returned, but they must be made ready for collection.

can any of the experts confirm my legal position ?

This shed is sat in my lounge as I don't have anywhere to store it (thats why we bought the shed) - its in the way, can I charge rent ?

wealdroam

rubberdubber wrote: »

Hi
3 weeks ago I bought a metal shed - it was delivered within 3 days - but when we went to put it up we found that the metal corners were all mangled.

I contacted the company we bought it from, who got in touch with the manufacturer, I then had to send photos of the damage. The manufacturer agreed that the shed was damaged.

I have since phoned the company who I bought it from 3 times requesting that they pick the darned thing up and refund my money..

there response was 'we can't refund until the manufacturers have received the item back'

However as I understand the distance selling regs.

1) my contract is with the company I bought it from NOT the manufacturer, so they should refund immediately

2) They have 30 days to refund my money

3) the goods need not be returned - before money is returned, but they must be made ready for collection.

can any of the experts confirm my legal position ?

This shed is sat in my lounge as I don't have anywhere to store it (thats why we bought the shed) - its in the way, can I charge rent ?

I don't claim to be an expert, but can confirm that your first three points are correct.

I predict that you will not have any success in trying to get rent from them.

RosiPossum

Not an expert, but I think what you say is correct.

wealdroam

Have you put those points to the seller?

neilmcl

Your three points are correct however this is more a SOGA issue rather than a DSR one and as such the remedy provided by the seller (in this case a refund) must be performed within a reasonable time and not to cause a significant inconvenience.

It could be argued that it's only been 3 weeks so still not outside the reasonable period to expect a refund (if you take the 30 days as a general guideline) so you'd have to decide how much of an inconvenience is it for them not to have collected yet.

frugal_mike

neilmcl wrote: »

Your three points are correct however this is more a SOGA issue rather than a DSR one and as such the remedy provided by the seller (in this case a refund) must be performed within a reasonable time and not to cause a significant inconvenience.

It could be argued that it's only been 3 weeks so still not outside the reasonable period to expect a refund (if you take the 30 days as a general guideline) so you'd have to decide how much of an inconvenience is it for them not to have collected yet.

If the item was bought online then the Distance Selling Regulation defines what happens when an item is returned. I don't believe the two laws are mutually exclusive, but both apply at the same time.

bris

Are you claiming under DSR or SOGA? You seem to be complaining because it's damaged but quoting DSR, there is a difference.

In any case the law might state that under DSR you should get a refund within 30 days whether they have the shed back or not but in reality it's simply not going to happen.

powerful_Rogue

If you get a refund, dont purchase a metal shed!

I had one many years ago because it seemed pretty cheap for the size, however the condensation in these sheds ends up soaking everything you store.

Luckily for me, a tree fell on it and I managed to get a wooden replacement.