Purchased tumble drier, deduced 45% fee to return

cts_casemod

neilmcl wrote: »

Who and where did you buy it from, shop or online?

Previous posts - http://ao.com/

neilmcl

The legislation is there to provide you with the same rights would have if purchased from a store. I'm not aware of many electrical retailers where you can operate a tumble dryer in store. You are allowed to inspect, not use the item. You didn't just plug it in, you used it and they are legally entitled to deduct an amount for this. Having said that I think it could be argued that 45% is a bit steep and may likely cause issue if it went to court.

This may be helpful - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

Also, I don;t think anyone's been off-topic here. All posts have been valid as far as I can see.

gik

bod1467 wrote: »

£40 delivery, £40 return and £100 mark-down? Nah .... not on your nelly!

Individual charges look justifiable to me.

neilmcl

Actual legislation - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

photome

OP
How did they know you had used it? why didnt you say you had changed your mind, if as you say you only turned it on, there is no way they would know that and it shouldnt diminish the value by 45%

cts_casemod

photome wrote: »

OP
How did they know you had used it? why didnt you say you had changed your mind, if as you say you only turned it on, there is no way they would know that and it shouldnt diminish the value by 45%

You are right. I just called and gave a justification of the problem, indicating I wanted to upgrade to a different model and they cough me on that one: "Dear sir, since you powered the appliance it now considered as used, therefore..."

cts_casemod

neilmcl wrote: »

Actual legislation - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

Thank you. This clearly states:

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

Now I ask: What or who decides what is considered unnecessary handling?

molerat

The two relevant paragraphs from the CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS seem to be below with my highlighting

Online and other distance or off-premises traders will be able to withhold refunds until goods are returned (or evidence of return is provided) and they can reduce the amount of money refunded for goods returned which show evidence of use beyond the handling necessary to see whether the goods are as expected.

I supplied and fitted a dishwasher for a customer under an off-premises contract. A week later she contacted me and told me she no longer wanted the dishwasher, that it had not been used and that she was returning it. Can she do that?

10. Yes she can provided she cancelled within 14 days of delivery of the dishwasher at her home. Although plumbed in, the dishwasher can be removed. She must however pay you the charge agreed for the installation service you provided. This is provided you had her express consent to start the work in the cancellation period and told her she would have to pay. She must also pay for the return of the dishwasher, if you told her she would be liable, in advance and provided you did not deliver the dishwasher to her at the time the contract was entered into. In addition, she will be liable for any diminished value if when the dishwasher is returned it shows signs of use.

I doubt merely plugging in and turning on will "show signs of use" as the product will most likely have been plugged in and turned on as part of the QC checks at the factory. Their own T&Cs offer a FOC collection service so no reduction should be made for the return. I think questioning them again about the reduction is in order as they can not make that type of decision before the product is actually received and back and inspected.

mountainofdebt

Don't forget the packaging has gone as well.

How many of us would be happy to buy an new unused tumble dryer that wasn't in a box?

cts_casemod

molerat wrote: »

The two relevant paragraphs from the CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS seem to be below with my highlighting
I doubt merely plugging in and turning on will "show signs of use" as the product will most likely have been plugged in and turned on as part of the QC checks at the factory. Their own T&Cs offer a FOC collection service so no reduction should be made for the return. I think questioning them again about the reduction is in order as they can not make that type of decision before the product is actually received and back and inspected.

Thank you. I am talking with them on facebook at the moment and they maintain their position. The appliance was delivered today at 9h30 and I called them at 2h44PM explaining the issue.

I think it is more than justifiable that it will not show signs of use.