'Orange' pine

giant08

Hi all - not sure about this one so here goes.....I purchased a dressing table from an online retailer specifically because the colour of the item in the picture seemed to suggest that it would fit with other pine items in the bedroom. On taking delivery today I only had to open the box to see that the 'antique pine' was in fact bright orange and certainly looked nothing like the photo. I contacted the company to inform them that the item did not look the same and they asked me to send in photos of the item and have agreed to accept the item back with the following response:

"Thank you for your email and photographs.We have looked into your query for you and can advise that you have received the correct item.Shades can vary from batch to batch and from supplier to supplier.You can return the item at your own risk and cost under our unwanted items policy.Once we receive the item back, we will refund your account (less the £4.95 carriage for 1 - 2 delivery) after a full inspection of the goods by our Returns Department.
Please note there will be a 15% handling fee, and the item must be returned‘AS SOLD’ and ‘AS NEW’ with all accessories in its original packaging as stated in our Terms & Conditions.
The item must be received by our Returns Department within 14 days from today. Please quote your return reference number R******.We can only accept a return by registered courier and we strongly recommend for your to return the dressing table and stool using a trackable service as we cannot be held responsible should the item be lost or damaged in transit."
I am not disputing that it is the correct item in as much as it is a dressing table and stool but the colour is so substantially different from the online ad can they get away with claiming 'batch shading'?
It was free delivery, there is no mention of a 15% handling charge in their T&C's either. Do I have any comeback at all under distance selling regulations or sale of goods act please? Many thanks for any advice.

chunkychocky

The original cost of the outbound postage to you should always be refunded by the seller.
The seller's terms and conditions or returns policy should state who pays the cost of returning the item.
If they don't state this, then the seller has to cover the cost.
In this case, you're entitled to a refund of the total amount you paid, including costs to ship the item to you, and the fee to return the item. No admin or restocking fees should be charged.



http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

bod1467

If the goods do not conform to contract then the Sale of Goods Act applies. From what is described, the OP can reject the goods and the seller must cover the costs of their return AND furnish a full refund of all monies paid.

(I'm not aware that the new Consumer Contracts Regulations supersedes any of the above from SOGA).

giant08

Thanks for this - how should I respond to the seller's email? If they decide to charge a 15% handling charge, and reduce the refund by the £4.95 they are claiming to deliver the goods (although it was free delivery to me)and then their goods return department decides that the goods aren't returned undamaged (I haven't checked the whole package as I got no further than the colour being wrong and there are a LOT of parts-I don't want to disturb the packaging any more than I need to), and the courier charges me a fortune to return the goods (it is not a light item)exactly what comeback do I have for goods that in my opinion were not as described/seen/viewed? Thanks again.

unholyangel

giant08 wrote: »

Thanks for this - how should I respond to the seller's email? If they decide to charge a 15% handling charge, and reduce the refund by the £4.95 they are claiming to deliver the goods (although it was free delivery to me)and then their goods return department decides that the goods aren't returned undamaged (I haven't checked the whole package as I got no further than the colour being wrong and there are a LOT of parts-I don't want to disturb the packaging any more than I need to), and the courier charges me a fortune to return the goods (it is not a light item)exactly what comeback do I have for goods that in my opinion were not as described/seen/viewed? Thanks again.

How did you pay for it and how much was it?

giant08

£147.92 and via Paypal - thanks

korny88

giant08 wrote: »

£147.92 and via Paypal - thanks

If worse comes to worse, you can always claim via paypal.

bod1467

But don't leave it too long - I'm not sure what the time limit is now for Paypal claims; used to be 45 days (from date of payment) but I think they've extended that.

giant08

Thank you - but on what grounds would I claim through paypal - and also I have just discovered that the company's premises are literally 2 minutes away from my house - I could return the item myself, can they insist it on it being by courier? Cheers