Bought item online, what are my refund rights

help_needed_please

OK here goes and hope someone can advise!

I made a purchase a week ago and after opening the packaging noticed I had bene sent an incorrect item. I contacted the company who said they would arrange to collect the item and then give me a replacement or refund.

I have thrown away the packaging and they are insisting I return it in its original packaging and in resellable condition, I have told them I want to now cancel the contract and just get a refund and that I will dispose of the goods, cost was £200.

They are refusing to refund me until they get the goods back and inspect them for damage, can they do this?

Thanks guys

HappyMJ

help_needed_please wrote: »

OK here goes and hope someone can advise!

I made a purchase a week ago and after opening the packaging noticed I had bene sent an incorrect item. I contacted the company who said they would arrange to collect the item and then give me a replacement or refund.

I have thrown away the packaging and they are insisting I return it in its original packaging and in resellable condition, I have told them I want to now cancel the contract and just get a refund and that I will dispose of the goods, cost was £200.

They are refusing to refund me until they get the goods back and inspect them for damage, can they do this?

Thanks guys

I don't understand why you would throw away something which was incorrect and you intended to get a refund for.

They don't have to refund the money to you until the item has been returned back into stock so get the item back to them and you can have your money back.

Yes the packaging needs to be returned as well.

JJ_Egan

They are refusing to refund me until they get the goods back and inspect them for damage, can they do this?

Of course they can otherwise you get the refund and the goods .

help_needed_please

Thanks guys, I thought I read somewhere that if an item was sent incorrectly I was entitled to a refund 'before' I had returned the items.

bris

Where on earth would you read this?

pinkshoes

help_needed_please wrote: »

Thanks guys, I thought I read somewhere that if an item was sent incorrectly I was entitled to a refund 'before' I had returned the items.

That would be madness!!!!

The item needs to be returned first, and they have the right to check that you have not used it. If it has been used, they can make a reasonable deduction.

If you have thrown the packaging away, then I *think* they are entitled to make a dediction for this.

[Deleted User]

help_needed_please wrote: »

, I have told them I want to now cancel the contract and just get a refund and that I will dispose of the goods

So you want a refund AND to "dispose" of the goods? :eek:

I'm afraid you'll have to return the item in saleable condition (and in it's original packaging) before any refund or the correct replacement is despatched.

Sorry.

[Deleted User]

pinkshoes wrote: »

If it has been used, they can make a reasonable deduction.

If it has been "used" they will likely refuse to refund anything at all.

Anyone else wondering what the item was?

George_Michael

bris wrote: »

Where on earth would you read this?

Maybe they read it in the Distance selling regulations.

When they were in force, a retailer was legally obliged to refund a consumer who was cancelling the contract using their right to do so under those reg's even if that retailer did not receive the goods back.

bod1467

Bear in mind that the seller has breached the contract by sending the incorrect item.

But yes, if you've thrown away the packaging (why would you do that for an incorrect item?) then they can probably make a deduction from any refund.

shaun_from_Africa

Why would anyone open a package, notice that they were sent an incorrect item and then dispose of the packaging before contacting the seller? (unless of course, they had already made up their mind to keep the item and try to get a full refund!)