Arguing with online retailer - am I in the right?

pinkshoes

deaston wrote: »

Not possible to collect it (it's a massive pallet of logs). As I've mentioned, I've now ordered from a different supplier.

But either way, I think I'm right - the retailer should refund me the entire amount, not "minus £56 plus VAT".

Not the entire amount...

You are entitled to the £10 back for next day delivery, as they didnt manage that.

You are then rejecting the goods through change of mind rather than being faulty, so the retailer under distance selling can deduct reasonable costs. Emphasis on reasonable, which could be the cost of delivery. What do their T&Cs say about change of mind?

You jumped the gun a bit ordering elsewhere. You should HAVE requested saturday delivery before cancelling if they could not do this.

deaston

You might be right, but it's done now.

dktreesea

The retailer can deduct the £10 delivery as it wasn't delivered within the specified time frame - presumably they can get that back from their couriers. Regarding the rest, you are entitled to cancel but because it's a change of mind, they are allowed to deduct the costs of retrieving the pallet from the courier from you. Alternatively you can pay for the cost of the return and they then have to refund you in full.

deaston

"We will respond when we have gathered all the evidence.

We have 28 days (legally) if thats how you want to peruse the matter.

We will be in touch in due course."

Dalby Firewood are very unpleasant people to deal with.

visidigi

deaston wrote: »

"We will respond when we have gathered all the evidence.

We have 28 days (legally) if thats how you want to peruse the matter.

We will be in touch in due course."

Dalby Firewood are very unpleasant people to deal with.

You seem to think they have no rights here?

You gave them wrong contact information for delivery. Just because your house is easy to find for you does not make it so for everyone else on the planet.

I think you're being quite unreasonable in your expectations here.

I am not surprised by their (IMO Justified) tone.

deaston

It also seems they're going against their own T&Cs:

"If you simply wish to return the products, you may do so within 14 days of you receiving the products (as per your statutory rights), and you will be granted a full refund (including delivery cost) provided the goods are returned in a saleable condition. We will pay for the cost of collecting returned products, however you must ensure adequate access for our haulier to collect the goods. Where appropriate access is not given, we will pass any additional haulage costs on to you."

unholyangel

pinkshoes wrote: »

Not the entire amount...

You are entitled to the £10 back for next day delivery, as they didnt manage that.

You are then rejecting the goods through change of mind rather than being faulty, so the retailer under distance selling can deduct reasonable costs. Emphasis on reasonable, which could be the cost of delivery. What do their T&Cs say about change of mind?

You jumped the gun a bit ordering elsewhere. You should HAVE requested saturday delivery before cancelling if they could not do this.

From CCRs;

(m)where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

(5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

(a)the trader has agreed to bear those costs, or

(b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.

deaston

unholyangel wrote: »

From CCRs;

But the seller's T&Cs say they will cover the return costs, so surely that takes precedence over statutory rights? It seems to me that his decision to deduct the £56 is just a case of sour grapes.

SnowTiger

deaston wrote: »

It also seems they're going against their own T&Cs:

"If you simply wish to return the products, you may do so within 14 days of you receiving the products (as per your statutory rights), and you will be granted a full refund (including delivery cost) provided the goods are returned in a saleable condition. We will pay for the cost of collecting returned products, however you must ensure adequate access for our haulier to collect the goods. Where appropriate access is not given, we will pass any additional haulage costs on to you."

Yep, that seems to be the case.

However, for example:

Aborted deliveries are chargable.

deaston

SnowTiger wrote: »

Yep, that seems to be the case.

However, for example:

Didn't see that. That opens quite the can of worms. I'd argue the delivery wasn't aborted. It was attempted outside of the agreed times at which point I chose to cancel. Had the delivery arrived on time, none of this would've happened.