If a company delivers, are they obliged to collect?

custardy

Supersonos wrote: »

So I made a mistake. The gravel is larger than I expected and didn't look as big in the photos on their website. But it's my fault, I should've double-checked or asked for a sample or something, so I'm happy for me to be out of pocket (although, to check, because it was delivered "free" they can't now charge me for the original costs they incurred delivering it, can they?)

They're not quibbling the refund and not trying to charge me re-stocking fees etc., but it's like they're holding my refund to ransom. I simply can't work out how to return two tonnes of gravel to some place near Birmingham.

Clearly Royal Mail isn't an option. I've tried DHL and they said no (obvs). I phoned a few man-and-van people but they don't have the means to get the bags into their vans and think they might not both fit anyway. Ive tried a couple of lorry companies but they said I wasn't a trade customer and they don't do that sort of thing.

I'm just suprised that a company can sell something online that needs specialised delivery, deliver it to me, but then just refuse to collect it - even for a charge. They're not even saying that they'll collect it next time they're in the area.

What's the point in laws about distance selling and refunds if sellers can put obstacles in the way of you actually obtaining a refund?



Are you saying they should be collecting it? I don't really understand your post.

would you rather a free uplift and restocking fee?
You made the mistake,not them. So why should they take the hit.
Worse they could offer a refund if you return the item.
Count your blessings.
Think about it,they now have a 'loss' on the original sale

[Deleted User]

There are specialist haulage companies that deliver and collect products like this - they aren't cheap though and as you have found out, a lot only work with the trade.

Building supplies in bulk are broadly a trade only product and builders merchants aren't obligated to provide a return facility unless it was their mistake. It could be worse - imagine if they had tipped 20 tonnes on your drive! If it was just a couple of tons in bags I don't imagine it was very expensive - if you really can't use it just advertise it on Gumtree for free - someone will come and collect!

Supersonos

custardy wrote: »

would you rather a free uplift and restocking fee?
You made the mistake,not them. So why should they take the hit.
Worse they could offer a refund if you return the item.
Count your blessings.
Think about it,they now have a 'loss' on the original sale

I'm not sure if you've read correctly. They haven't lost anything at all. And I'm not in the least suggesting they should take a hit, I'm fully accepting my mistake.

But I'm suprised to learn through this thread that they can deliver something that requires specialist delivery, but then refuse to collect it.

Their T&Cs say that, if the buyer changes their mind, the buyer needs to pay the return postage. That makes sense for a lot of the stuff they sell (gate furniture, gloves, tools etc.) but clearly that doesn't apply to something they have delivered using their staff and their lorry.

I'm happy to pay for the cost of returning it, but they're not offering to collect it (for a fee) or suggesting a company/service that can.

Supersonos

camelot1971 wrote: »

just advertise it on Gumtree for free - someone will come and collect!

I suspect this is what I'll end up doing, but I just wanted to find out where I stood legally.

I just wondered if there was a clause in the distance selling regulations that said the consumer had some sort of protection if the goods to be returned couldn't be sent using standard methods (post, courier etc.).

It makes a bit of a mockery of having a thing on the product page saying "If you change your mind within 14 days, we'll give you a full refund - no quibbles (buyer pays return postage)."

They can offer full refunds all day long knowing that almost no-one will be able to actually obtain their refund.

JJ_Egan

Ask them for a pickup cost is the first step .

Supersonos

JJ_Egan wrote: »

Ask them for a pickup cost is the first step .

I have - they've said they don't do collections.

JJ_Egan

In that case who did they use to deliver . If an independent carrier try them .

Supersonos

JJ_Egan wrote: »

In that case who did they use to deliver . If an independent carrier try them .

They delivered. Their branded lorry, their staff (or at least a guy wearing a sweater with their logo).

cajef

Why would they be obliged to collect, their contract was to supply and deliver the goods you ordered which they have done, if you wish to return anything that is up to you to arrange.

agrinnall

If you're not willing to find and pay for a haulier to take it back then you could spend a lot less money on a hammer and chisel and break each piece of gravel into smaller ones that are the right size