free returns refused

scudybeef

Hi,i bought a part for my scooter,which wont fit,,the wire loom isnt long enough,,the website i bought it from clearly states in capital letters,,,"FREE POSTAGE AND RETURNS on this item",(i have a screengrab of this)but ive been told this is a mistake and they wont be offering me free return postage.
Are they allowed to do this? i bought from there because i wasn't sure if the part was right for my bike,which it isn't,the part is unused,i only held it next to my bike and it was clear the wiring loom wasn't long enough,so i now expect a free return for an unused item,would i be right in thinking this?

fleshandbone

Correct me if I am wrong, but from what I believe, if you purchase online you have 30 days to reject or return goods as unwanted for a full refund, as long as they are in an as sold condition.

I think a company only has to pay for the return if the goods sold are either wrong(not what you ordered) or faulty, if you are sending back as unwanted then they are within there rights to ask you to pay for the return costs.

Am I right in what I am saying?

DoaM

fleshandbone wrote: »

Am I right in what I am saying?

Almost ... there are caveats to this, such as:

1) The seller must make this situation (buyer pays to return) clear to the buyer in writing in pre-contractual information;

2) Any advertised offer that specifies free returns form part of the contract.

From what OP describes, item 2 at least applies. Them subsequently saying it was an error doesn't work as they'd already shipped the goods - they can't retrospectively and unilaterally change the terms of the contract, at least not in respect of something like this. (A pricing error - yes - but not a term of contract).

scudybeef

hi,thx for the fast replies,,the company involved has now sent me a return label after i complained to the sales team,though they still seem to think they are doing me a favour!

The free return offer was in big letters right next to the item picture for sale and quite clearly says "free delivery and returns on this item"


It also doesn't state that T&C apply to this offer.

I dont expect companies to jump through hoops,but i do expect them to honour their claim's of free returns.

I will be returning the item first thing monday and wont be using them again.

p.s...i tried to post a link to my screen grab,but cant post links yet.

DoaM

Links can be posted by changing http to hxxp. Just don't try to use IMG tags.

[Deleted User]

scudybeef wrote: »

The free return offer was in big letters right next to the item picture for sale and quite clearly says "free delivery and returns on this item"

Well done for fighting your corner.

No point posting screenshots now since you effectively won.