Replacement of damaged goods

JR99

I purchased two satellite boxes from an Amazon Marketplace trader. These arrived in a severely damaged state and the seller has agreed to accept the returned goods. However, they say I have to pay return postage and they will refund the cost of the goods. All I want is what I had ordered for the same cost. If I get a refund, I then have to re-order and pay more postage costs. Do I have any legal rights to claim the return postage and insist on replacement rather than a refund?

browneyedbazzi

Go to:
http://sogahub.tradingstandards.gov.uk/

Click on 'explained' and scroll down to the point about faulty goods - that will explain your rights when you receive goods that do not conform to a contract (damaged/faulty/not as described).

wealdroam

JR99 wrote: »

I purchased two satellite boxes from an Amazon Marketplace trader. These arrived in a severely damaged state and the seller has agreed to accept the returned goods. However, they say I have to pay return postage and they will refund the cost of the goods. All I want is what I had ordered for the same cost. If I get a refund, I then have to re-order and pay more postage costs. Do I have any legal rights to claim the return postage and insist on replacement rather than a refund?

You should get a full refund of all monies paid, including any carriage costs of getting the goods to you.

The seller should also cover the cost of returning the things.

JR99

Thanks guys for the answers. The Sale of Goods act website explains all in simple terms. It would seem I can request a refund of my postage costs and insist on replacement if that is what I want.

bod1467

Not quite. You can request a replacement - the retailer does not have to accept this request though and can offer a refund instead. But you are entitled to get all your money back, including for return postage.

JR99

I wanted a replacement so that I would not have to pay additional re-order postage. I have copied the relevant passage from the Sale of Goods Act website.........
Faulty goods, no acceptance

If the item does not conform to contract (is faulty ) for any of the reasons mentioned previously, and the customer has not accepted the goods, the law says the customer is entitled to

• reject the goods and claim a full refund, or
• request a repair or replacement if that is the customer's preferred option.

As the retailer, you can offer a repair, a replacement or a credit note, but you cannot insist on any one of these. It is the customer's right to receive a full refund in these circumstances.

bod1467

"It is the customer's right to receive a full refund in these circumstances"

It is NOT the customer's right to choose a replacement, it is the retailer's right to choose to OFFER a replacement. The retailer is only OBLIGED to give a full refund; they can offer a different remedy but the consumer doesn't have to accept it. (Which is completely different to what you're trying to read from SOGA).

"I wanted a replacement so that I would not have to pay additional re-order postage"

You should get a refund of ALL MONIES PAID. This INCLUDES original purchase price, original postage costs, return postage costs. i.e. you should be put back in a position as if no contract had been engaged.

JR99

Thanks bod1467, that makes sense and I understand what you are saying.