Returning faulty item

Divorcing

Hi all

Had an item of furniture delivered that when I unpacked was damaged.

Was bought online, spoke to shop and they agreed to send a replacement and collect the damaged one, albeit by separate couriers (Hermes!).

I took day off and the item was delivered but they did not turn up to collect the damaged one, I've emailed them and said they need to arrange a convenient time to collect as I am not willing to wait in for them again. They are now saying they will provide a return label so I can drop to Post Office but it is a large item and if I dispose of it they will charge me.

What are my rights here please? Can I insist they collect at a specific time, can I leave it out for the to collect, do I have to bring it to PO, can they charge etc?

Many thanks for reading.

D

DCFC79

How large is the item or what is it ?

Your meant to give them a chance to collect it.

I wouldnt put the item out to be collected, the item is in your care and you need to look after it.

powerful_Rogue

Divorcing wrote: »

if I dispose of it they will charge me.

Yes they will.

Divorcing wrote: »

What are my rights here please? Can I insist they collect at a specific time

You can insist, but its pretty unrealistic that they will give you a specific time. Can you ask for a weekend or evening collection? Do you have anyone you can drop the item around to that will be in on a collection day?

Divorcing wrote: »

can I leave it out for the to collect

You can, however if it gets damaged (rain etc) or stolen then you will be liable to pay for the item. Whilst it's in your care, you have a duty to look after it.

Divorcing wrote: »

do I have to bring it to PO, can they charge etc?

No, you don't. However seems the company is trying to be reasonable in assisting you with ways to return the item.

Can they charge for what?

Divorcing

The item is a vivarium, the box is about 4x2 foot and very heavy so not feasible to bring to Post Office.

I've already waited in for a full day when they said they would collect it and they never turned up. I've asked about evening or weekend collection but they said the do not do that, hence waiting in for full day and taking day off work.

So leaving outside or discarding of it is not an issue, stuck in limbo then really.

martinsurrey

powerful_Rogue wrote: »

You can insist, but its pretty unrealistic that they will give you a specific time. Can you ask for a weekend or evening collection? Do you have anyone you can drop the item around to that will be in on a collection day?

I think the retailers ability to call the OP "unrealistic" ended when they didn't collect as agreed, after OP had taken time off work.

I agree, OP insist on a weekend or evening delivery now that they have failed to stick to agreed timetables.

IAmWales

Hermes work on Saturdays. Would that be convenient for you?

theonlywayisup

Hermes will also allow a 'safe place' for collection.

Divorcing

Saturday would be fine but the shop are saying they do not do Saturday collections, maybe there contract with them? I imagine it would be cheaper for them if Mon-Fri 9-5

theonlywayisup

Go back to the company and tell them you understand Hermes do a Saturday collection. Tell them you are willing to let them try to collect once more and give the date/dates you can be home. Although it doesn't outline the days on my link, it does give you the safe place option and if you start to book, you can see you can opt for a Saturday pickup.

https://www.myhermes.co.uk/our-services/couriers.html

martinsurrey

Divorcing wrote: »

Saturday would be fine but the shop are saying they do not do Saturday collections, maybe there contract with them? I imagine it would be cheaper for them if Mon-Fri 9-5

Don't ask them, tell them.

Dear XXXX

While I appreciate that your normal delivery/collection is Mon-Fri 9-5 in this case that is not an option.

You have supplied damaged goods and then failed to collect on the agreed upon date, causing me to lose a day of holiday.

If you wish me to be available on a Monday-Friday for you to collect you will be required to reimburse me for a lost day of work which will be £XX.XX, and I will require payment before the day of collection.

The other alternative is for you to arrange a weekend or evening collection between the following times XXXXXXXXXXX.

This is inline with the Consumer Rights Act 2015 section 23

(2)If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

I consider a second forced day of holiday due to your inability to correctly organise a return to be a significant inconvenience, and as your company policy cannot over ride my statutory rights, will not be tolerated.

Please can you let me know how you intend to proceed.


Kind regards

xxx

(and if they want to agree a safe place collection, make sure they agree to bear to risk of it being stolen or damaged.)