If a company delivers, are they obliged to collect?

Supersonos

unholyangel wrote: »

Because the goods can't be returned by normal post, they were under an obligation to tell you how much it would cost to return the goods before you were bound by the contract. They don't seem to have done this therefore they would be liable for the return costs.

Of course getting them to agree that they're liable is another matter.

Reading through the Consumer Contracts Regs, I now see this is the most important part:

where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods

On the eBay listing for the gravel, it just says:

Returns: 14 days refund, buyer pays return postage | See details

The details are just a standard eBay page about returning goods and what happens if goods are faulty etc.

So is it the trader or eBay that is in breach of the Consumer Contracts Regulations?

Supersonos

So after being made aware of the Consumer Contract Regulations and how the trader should have informed me of the cost of returning the gravel, I decided to make them aware of this.

They've given me a full refund and are collecting the gravel, free of charge, on Friday.

neilmcl wrote: »

Seems harsh in expecting them to collect something when you've made a mistake or changed your mind.

But, it turns out, according to the law, because it cannot be returned by post, they have to collect it.

AndyMc.....

Supersonos wrote: »

But, it turns out, according to the law, because it cannot be returned by post, they have to collect it.

Maybe you could show us where exactly it says that to assist anyone who may encounter a similar problem.

Supersonos

[The trader must make the consumer aware] where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods

The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason

The consumer must bear the direct cost of returning goods unless the trader failed to provide the consumer with the information about the consumer bearing those costs.

agrinnall

It's good that you've managed to convince them to collect, and I expect they will review their T&Cs after this so they don't get stung again. I presume you will be ordering the correct size gravel elsewhere, as I doubt if this company will want to do any more business with you.

Supersonos

agrinnall wrote: »

It's good that you've managed to convince them to collect, and I expect they will review their T&Cs after this so they don't get stung again. I presume you will be ordering the correct size gravel elsewhere, as I doubt if this company will want to do any more business with you.

Why on Earth would a company want to do business with a customer who:

- Is aware of their legal rights
- Thoroughly reads the terms and conditions
- Asks them to adhere to their legal obligations?

Your insinuation is that the company should now refuse my business because they are out of pocket as a result of their own poor business practices.

MobileSaver

Supersonos wrote: »

Your insinuation is that the company should now refuse my business because they are out of pocket as a result of their own poor business practices.

They are out of pocket because of an oversight in their T&Cs. If I was in their shoes I would certainly refuse your business until my legal advisors had ensured this obscure part of the Consumer Contracts Regulations had been addressed and would probably refuse your business full stop anyway.

theonlywayisup

Good to hear you are getting the item collected. A word of caution (which hopefully won't be needed) but as this was an eBay sale. The seller doesn't have to refund you unless you can prove delivery back to him via an online trackable means. You might want to take some form of receipt when they collect - it won't help with an eBay claim but may assist if you need to pursue matters via legal routes.

edit - cancel sorry, I misread the part where you already say you've been refunded. That's even better.

agrinnall

Supersonos wrote: »

Your insinuation is that the company should now refuse my business because they are out of pocket as a result of their own poor business practices.

You're right, but the important thing for the company is that they are out of pocket - and they may see it as your fault for making the wrong choice in the first place. Hopefully you'll be able to find an alternative supplier, and I'm sure you will check both the size of the gravel and their T&Cs before placing your order.

shaun_from_Africa

agrinnall wrote: »

You're right, but the important thing for the company is that they are out of pocket - and they may see it as your fault for making the wrong choice in the first place.

But I wonder how many times that same company has made a profit on an order that a customer made, discovered that the goods ordered were unsuitable then failed to return those goods for a refund because the T&C's of the seller did not comply with the relevant consumer legislation?