Online Retailer Refused to Accept Return

Vin2300

I bought a wine cooler from an online retailer for £140. When it arrived, I didn't like how it looked against the rest of the kitchen so asked if I could return it. Retailer said fine, return unused and in original packaging for a full refund (giving no specific delivery instructions other than to recommend Parcelmonkey)

I paid £13 for a courier to return it to them. Very surprised a few days later when the item arrived back at my front door with a label marked 'not wanted'.

I emailed to ask what was going on. Retailer replied as follows: "I have spoken to our warehouse team who take in all the returns and they have stated that as the parcel did not come back on a pallet they were unable to accept the delivery. Also, they have stated that the box had no bottom to it and was only secured using string. We cannot accept an item that is not in an as new condition."

Two key points here:
1. They did not ask for it to be on a pallet.
2. My understanding is that under Distance Selling Regulations a supplier cannot make refunds subject to the goods being returned unopened in their original packaging.

I pointed the above out and they then said they would be happy to refund me if I sent it back on a pallet. I asked why should I pay returning costs again when they acted against the law in not accepting the item for minor packaging damage. They ignored that email, and the next one.

Now, all of this happened in June 2015. For one reason or another (very busy with new job, then three weeks out of the country, etc) I have never followed it up again. My wife has a habit of putting things away out of sight and I just forget about them.

Do people think they were they reasonable in refusing to accept the return and sending it back to me?

Having left it seven months, do I have a cat in hells chance of doing anything about it now? As far as I am concerned I did everything I was asked (within a matter of days). And they ignored my last emails. Or should I cut my losses, stick on eBay?

Hintza

If it arrived on pallet then you should probably have returned it on one.

Six months down the line. Bit late in my opinion.

hollydays

They asked for original packaging.

naedanger

Vin2300 wrote: »

Having left it seven months, do I have a cat in hells chance of doing anything about it now?

In practice, I think you have left it too late. (Regardless of whether the retailer was right or wrong to refuse the return, I think they would argue your subsequent retention of it for seven months constitutes acceptance.) I would not consider taking legal action against a company for £140 unless I was confident I had a good, and straightforward case.

Or should I cut my losses, stick on eBay?

That sounds a much more straightforward course of action.

Vin2300

Hintza wrote: »

If it arrived on pallet then you should probably have returned it on one.

It did not arrive on a pallet.

Vin2300

hollydays wrote: »

They asked for original packaging.

Then they are in breach of the rules as far as I can see.

http://whatconsumer.co.uk/returns-and-refunds/#axzz3yOZNVsYF
Scroll down to 'Packaging'

hollydays

Did you tell them it didn't arrive on a pallet?

hollydays

Vin2300 wrote: »

Then they are in breach of the rules as far as I can see.

http://whatconsumer.co.uk/returns-and-refunds/#axzz3yOZNVsYF
Scroll down to 'Packaging'

Lol. I'm aware of that, I was simply originally saying that they did request it. You've now explained it wasn't even there. Don't they usually put a polystyrene piece around the base?

naedanger

hollydays wrote: »

Lol. I'm aware of that, I was simply originally saying that they did request it. You've now explained it wasn't even there. Don't they usually put a polystyrene piece around the base?

If you knew that the supplier could not make a refund conditional on return of the packaging then what was the purpose of your post that said only:

"They asked for original packaging."

hollydays

I was simply saying that they had asked him for it-not unreasonable to protect a large electrical item. I didn't say it should be conditional

naedanger

hollydays wrote: »

I was simply saying that they had asked him for it

Yes, but why did you say this? Clearly the op knew this already.

-not unreasonable to protect a large electrical item

True but using the original packaging was not the only way of protecting the item.

And it was unreasonable to demand the original packaging, if this demand was contrary to the relevant distance selling regulations.