Company trying to charge for faulty item return

neilmcl

50Twuncle wrote: »

To be honest - I don't believe that we had a contract - we just paid for the device using the school credit card and it was sent to us !!

That is a contract nonetheless.

And just for clarification, if this was a consumer contract, SOGA doesn't apply, the Consumer Rights Act would.

neilmcl

50Twuncle wrote: »

I am now confused - do we have a right to free return P&P or not ?

In a word, no.

50Twuncle

They are now saying :

"We recommend using a service with a signed for delivery; ideally a courier due to insurances however a recorded and signed for delivery via Royal Mail would be sufficient. Please note that proof of postage is not proof of delivery and will not be accepted in the event the unit does not reach us. We will require a copy of the recipients signature"

This appears to allow them a get out clause, should it go walkabout during travelling - They will require a copy of their OWN signature to prove delivery ?

Fosterdog

50Twuncle wrote: »

They are now saying :

"We recommend using a service with a signed for delivery; ideally a courier due to insurances however a recorded and signed for delivery via Royal Mail would be sufficient. Please note that proof of postage is not proof of delivery and will not be accepted in the event the unit does not reach us. We will require a copy of the recipients signature"

This appears to allow them a get out clause, should it go walkabout during travelling - They will require a copy of their OWN signature to prove delivery ?

You need to make sure you have adequate cover through whatever courier you use, if it should go walkabout during transport you would have to claim against the courier as you are the one entering into a contract with them.

macman

Of course you have a contract: the T & C's will be somewhere on the seller's website.