Questions returning faulty item

HarryMonkee

I purchased a single futon from an online store. The order was placed last week with an arranged delivery date of Thursday. The item failed to arrive and after a call to them Friday the said they would chase it up and delivery was made on the Saturday.
It arrived damaged. So I called them Saturday and arranged for them to collect the item yesterday. Guess what? They didn't arrive.
My two questions are, under the distant selling act how long do I have to return the item? And can I make my own arrangements for delivery to them and make a claim back for the cost or do I have to accept them collecting it as they offer that service?
I am not saying this is what I am going to do but I can't ask for a courtesy discount off my item as I am requesting a full refund so I want to use some leverage with them once I know what my rights are in this situation.
TIA

electic

Since the item is faulty, you don't need to rely on your right to return under distance selling legislation - you are exercising your short term right to reject the futon under section 20 of the Consumer Rights Act 2015. While you don't have to do this, for the sake of clarity it might be worth sending an email to the retailer stating this, particularly if you've already said you want to return the item under the distance selling rules (which, by the way are now the Consumer Contracts Regulations - there is no such thing as the distance selling act.)

Once you've told the retailer you are rejecting the goods under the short term right to reject, the clock stops ticking - the goods don't have to be returned within 30 days, as you've already told them you're exercising the right to reject.

Section 20(8) of the Consumer Rights Act states that the trader must bear reasonable costs of returning the goods. This is probably the best thing to quote at them - you've given them a chance to collect themselves, and they've messed you around, so arguably you could send it yourself and claim the cost back. However, getting this might be difficult in practice, so as you say, you could use it as leverage for ensuring the item is collected at a time convenient to you.

You may also wish to read the MSE article on missed deliveries - or collection, in this case. http://www.moneysavingexpert.com/shopping/delivery-rights

HarryMonkee

electic wrote: »

Since the item is faulty, you don't need to rely on your right to return under distance selling legislation - you are exercising your short term right to reject the futon under section 20 of the Consumer Rights Act 2015. While you don't have to do this, for the sake of clarity it might be worth sending an email to the retailer stating this, particularly if you've already said you want to return the item under the distance selling rules (which, by the way are now the Consumer Contracts Regulations - there is no such thing as the distance selling act.)

Once you've told the retailer you are rejecting the goods under the short term right to reject, the clock stops ticking - the goods don't have to be returned within 30 days, as you've already told them you're exercising the right to reject.

Section 20(8) of the Consumer Rights Act states that the trader must bear reasonable costs of returning the goods. This is probably the best thing to quote at them - you've given them a chance to collect themselves, and they've messed you around, so arguably you could send it yourself and claim the cost back. However, getting this might be difficult in practice, so as you say, you could use it as leverage for ensuring the item is collected at a time convenient to you.

You may also wish to read the MSE article on missed deliveries - or collection, in this case. http://www.moneysavingexpert.com/shopping/delivery-rights

Thank you for answering my question and apologies for wrong use of words. When I called them to report the item as faulty it was for this reason only I asked for a refund. I just knew from reading something a while ago that there are different terms in place for buying online and my ageing memory let me down when I relayed it here.
Thank you again, you've been a great help.

electic

No worries, I can barely remember my own name some days - just wanted to make sure you get the right remedy. Good luck with it!

bris

Are you looking for a partial refund to keep the item? your post isn't clear whether you want that or a discount on a new replacement item.


In the first case you can take a photo of the fault and send them it for negotiation, this would suit the retailer and they will be happy not to have to collect the item and all the hassle this brings.


If it's the latter then you only have goodwill to rely on.

electic

As the OP said, they are looking for a full refund. There's nothing from their post to indicate that the damage is likely to be disputed, so they have the right to return for a full refund, no?