faulty goods being returned

ivansmagic

I purchased an electrical item 6 weeks ago which is now faulty. The company which I purchased it from have agreed to repair / replace the item but has insisted that I pay the fees to return it to them. It weighs 27kg so have had to arrange a courier to collect. Is it correct that I have to pay the fee for this ?

Thamks in advance for any advice.

shaun_from_Africa

What sort of item is it?
Did you make the purchase as a consumer or was it a business related buy?

ivansmagic

it is a 5 in 1 heat press used for making personalised gifts. It was bought through ebay as an ebay member. whether this is constured as a business or consumer, im not sure.

frugal_mike

If you bought it for use in a business then it's a business purchase. If you bought it for your own personal use to make gifts for your friends and family etc then its a consumer purchase and not a business purchase.

If its a consumer contract then you get extra protection from the Sale of Goods Act. One such protection is that the seller must cover all costs involved in providing a remedy when the goods do not conform to conrract, including postage costs.

bris

Sounds like a business purchase which SOGA does not cover.

However you still have contract law which is still relevant to your case. As the goods do not conform to contract you can still recover consequential losses due to the contract breach.

They do have the right for you to return the item at your cost initially for inspection, to make sure it's not user damage and really is faulty but then they should pay you back with the refund.

The problem you have is Ebay will not get involved in the postage debate and will only refund you the amount you paid to the seller, so you may have a fight on your hands.

Oh and as it's been six weeks the 45 day limit is nearly up so you might want to think about a paypal claim now before it's to late.