Distance selling query

ds1980

Bought bulky item last week Thursday online. Next day I receive email saying there's 10% off all items from the 1st Oct. contact supplier feeling slightly annoyed and ask whether they'd be prepared to cancel order and I'll reorder with discount or just knock it off. Item is due for delivery this Wednesday. Was told that item had already been sent out last Friday and that it would cost £65 for item to be returned at my expense which is fine. Original delivery cost was only £35. Asked for courier details to see if I could make own equiries about how much it would cost to return. Won't give me details. I wouldn't normally mind but it's principle now. Is there a way around this due to distance selling regs?

fleshandbone

whats the weight of the item?

neilmcl

ds1980 wrote: »

Bought bulky item last week Thursday online. Next day I receive email saying there's 10% off all items from the 1st Oct. contact supplier feeling slightly annoyed and ask whether they'd be prepared to cancel order and I'll reorder with discount or just knock it off. Item is due for delivery this Wednesday. Was told that item had already been sent out last Friday and that it would cost £65 for item to be returned at my expense which is fine. Original delivery cost was only £35. Asked for courier details to see if I could make own equiries about how much it would cost to return. Won't give me details. I wouldn't normally mind but it's principle now. Is there a way around this due to distance selling regs?

Refuse delivery when it arrives or failing that organise your own returns delivery.

bod1467

What T&Cs have you been presented with in a durable medium? (Email is OK, as long as the T&Cs are actually in the email and not just a link to their website). If these say you're liable for return costs for change of mind returns then you are; if they don't mention liability for returns costs at all then you can refuse delivery.

Distance Selling Regs have been replaced and incorporated into the Consumer Rights Act 2015.

unholyangel

Did you ask them if they would be willing to give a partial refund instead of you cancelling & reordering to save not only hassle for you, but also their costs & hassle of processing the return & a new order?

Now as above, not only do they need to tell you that you'd be liable for return postage costs but as the goods cannot be returned by normal post, they'd also have to tell you what the cost of returning them is.

But also bear in mind they're under no obligation to sell it to you again. So that is why I'm suggesting asking them to come to some sort of arrangement rather than arguing the toss. Say return cost is £65, personally I'd try for £50 - so you pay the 10% reduced price + £50. It benefits them as no return/reorder to process & no courier to pass the £50 onto like they'll probably have to do with the £65 and bonus, you get it slightly cheaper withing the faffing of returning it.

If you do this, make sure and point out the advantages to them. Tbh I've never been turned down any time I've suggested something like this but I know some people can be "computer says no".

ds1980

In the event of a customer not being happy with their purchase we do offer refunds within 14 days of purchase. The cost of collecting the product is covered by the customer unless the product is either faulty or damaged. Following the return of the product it will be checked for any damages. In event of the product being in the same condition as it left us a refund will be issued within 2 working days minus the return cost.

That the return policy on website. It is 20m2 of artificial grass weighing approx 60kg.

That was my intention but as they seem to be playing silly buffers then I shall wait and see

bod1467

That was on the website ... that is not durable means. What did YOU receive from THEM?

ds1980

Nothing yet. Ordered 4m lengths of artificial grass last Thursday. Tried to cancel Friday as delivery was scheduled for this Wednesday. Said it had already gone out and that it would cost £65 to return. 10% was worth about £35 so it wasn't worth me doing. Thought I'd call bluff by saying I'd cancel and they'd offer discount. I was prepared for 5% but now being awkward.

neilmcl

ds1980 wrote: »

Nothing yet.

He was asking what have you received in terms of T&Cs, eg, have you had an email with them included?

ds1980

apologies, no just an email with a link to that on their website.....


was thinking of sending something like... it appears I can refuse delivery due to the fact I wasn’t given returns policy by durable means. With this being the case would it be easier for you to offer me the discount previously to stop any aggravation?

shaun_from_Africa

One thing to bear in mind is that you might not actually have a statutory right of cancellation and return.
This is because there is an exemption in the relevant legislation for bespoke and customised goods and the seller may well argue that if the artificial grass was cut from a roll, that equates to it being customised especially for your order.

Whether this would stand up in court isn't certain, but I do know that most fabric sellers will refuse returns of cut material even if purchased at a distance.