Different mattress sent asking for £49 charge for return

wealdroam

Sebyle wrote: »

Hi, thanks for your reply, This is what I got from them today:

Hi there, Thanks for time today, I have been passed your order across from our aftersales team as you want to return the mattress you have purchased, You are well with in your rights to return the mattress in the original packaging as advised there will be a £49.00 collection charge to collect the mattress as advised in the terms and conditions that you agreed o upon purchasing the item or you can return the item directly to us and i can insure a full refund.

Please advise how you would like to proceed.

The last point that Unholyangel made is important*:

unholyangel wrote: »

And lastly.....did they provide you with the necessary information in a durable medium before you were bound by the contract? The necessary information being your right to cancel, that you would be responsible for return postage costs (and where they cannot be returned by normal post, the cost of the return) etc?

'Durable medium' means a document, either an email or paper, that states that the consumer is responsible for the cost of 'change of mind' returns.

Did you receive such a document?
If not then the seller must cover the return cost.

Agreeing to a term on their website at the time of the sale is not receiving the information on a 'durable medium'. Reading (or not reading) T&Cs on their website is not receiving the information on a 'durable medium'.



*the rest of her post is important too.

GDB2222

Sebyle wrote: »

Hi, I paid with PayPal on the beds website, is that any different. I have now opened a case:(

It makes all the difference. If you paid with a credit card, you can get a charge-back.

So, did you enter your credit card details when you paid?

Sebyle

wealdroam wrote: »

The last point that Unholyangel made is important*:

'Durable medium' means a document, either an email or paper, that states that the consumer is responsible for the cost of 'change of mind' returns.

Did you receive such a document?
If not then the seller must cover the return cost.

Agreeing to a term on their website at the time of the sale is not receiving the information on a 'durable medium'. Reading (or not reading) T&Cs on their website is not receiving the information on a 'durable medium'.



*the rest of her post is important too.

Oh thanks I didn't understand what it meant, I checked emails prior to deliver non mention that. I also never received any written letter from them.

wealdroam

GDB2222 wrote: »

It makes all the difference. If you paid with a credit card, you can get a charge-back.

So, did you enter your credit card details when you paid?

OP, doing a chargeback against Paypal may not be the wisest things to do if you wish to use Paypal ever again.

It is also possible that your bank will decide that there is nothing wrong with the card transaction. After all, in the bank's eyes, Paypal have provided the service their customer requested - Paypal passed funds to the seller.

Sebyle

GDB2222 wrote: »

It makes all the difference. If you paid with a credit card, you can get a charge-back.

So, did you enter your credit card details when you paid?

Sadly I've paid with my PayPal balance :(

wealdroam

Sebyle wrote: »

Oh thanks I didn't understand what it meant, I checked emails prior to deliver non mention that. I also never received any written letter from them.

Perhaps on a delivery note packed with the goods?

Sebyle

wealdroam wrote: »

Perhaps on a delivery note packed with the goods?

No just stickers on the bag with route name address and I signed on a black screen that's it.

Sebyle

I wrote this back to their email today with the help of your guidance:

Hi,

Like I said before I refuse to pay for returns as you have sent me a completely different mattress that doesn't match description or pictures at all.
I would also like to advise you that we are still on the 14 day guarantee.
You should arrange and pay for collection.
I would like full refund please.

Kind regards




I got this email back from them just now:

Hi

Thanks for your message.

As advised before by Julie there will be a collection charge as the correct item has been sent. However we have now lowered the charge to £29.

Kindly advise us on how you would like to proceed.

Sebyle

They lowered the price to £29 for collection charge instead of £49.
I don't really want to pay it but I might end up paying more than that with PayPal returns.

DoaM

You need need to get forceful and legal ...

LETTER BEFORE ACTION
Dear [whoever]
With reference to prior communications, the goods supplied by [Company name] do not conform to contract, in that they do not match the description given when the order was placed, and are accordingly also not of satisfactory quality for the sum paid. As such [Company name] are in breach of contract and I am entitled to a full refund of all monies paid. Therefore I give notice that [Company name] must provide a full refund within 14 days of the date of this letter else a claim will be raised in the County Court ... costs of bringing such claim will be added the the amount claimed.

Furthermore, as [Company name] is in breach of contract then they are also liable for the collection of said goods at my convenience. The following dates and times are suitable for the collection:

Date and time 1
Date and time 2
Etc.

I look forward to your urgent review and compliance with this request.

Yours faithfully,

[Name]

PS - this Letter Before Action has been sent by both email and post, and a certificate of posting from the Post Office has been obtained as proof of posting.

---

Something like that.
And if they still play silly beggars, raise that claim ... Google for Money Claim Online.