Return delivery cost for faulty item

jj237

An extractor fan was delivered as part of a whole kitchen delivery but on installation was found to be faulty. We decided to exchange that in store as we didn’t want to wait the 5 - 7 days for a new delivery. Our nearest store is 1 1/4 hrs away so this is not a quick job! When we got home with this one we found it to be badly damaged so again we made the long trip back to exchange it. We have now got the 3rd one open to find that it too is damaged. This time I have asked the online delivery people to replace it as I can’t do the trip again and they are refusing as we got this latest one in store. What are my rights regarding collection and exchange? This is just part of a long list of problems with our order which have been addressed/fixed with mixed success. Thanks. (Yes, I know I should’ve checked it in store!)

Deastons

jj237 wrote: »

An extractor fan was delivered as part of a whole kitchen delivery but on installation was found to be faulty. We decided to exchange that in store as we didn’t want to wait the 5 - 7 days for a new delivery. Our nearest store is 1 1/4 hrs away so this is not a quick job! When we got home with this one we found it to be badly damaged so again we made the long trip back to exchange it. We have now got the 3rd one open to find that it too is damaged. This time I have asked the online delivery people to replace it as I can’t do the trip again and they are refusing as we got this latest one in store. What are my rights regarding collection and exchange? This is just part of a long list of problems with our order which have been addressed/fixed with mixed success. Thanks. (Yes, I know I should’ve checked it in store!)

If you bought it in store, you need to return it to the store. Maybe you could just post it and order another one online?

Le_Kirk

Deastons wrote: »

If you bought it in store, you need to return it to the store. Maybe you could just post it and order another one online?

Oh and check it before you leave the store maybe??

jj237

I am disputing that I should have to travel 65 miles to do this when it was part of an online delivery in the first place. Their returns policy states that I can return delivered items to the store or have them collected so why do I lose this right on the replacement item if I chose to deliver the faulty item back to them? Seems mightily unfair. I believe that they will give me something towards my petrol costs but it takes me the best part of a (school) day to travel there, wait for their abysmal returns department to function, and return. Not sure that £5 would cut it.

macman

Why you inspected neither the second nor the third for damage before leaving is beyond me, given your experience with the first one.

unholyangel

Deastons wrote: »

If you bought it in store, you need to return it to the store. Maybe you could just post it and order another one online?

Are you forgetting about the consumer rights act?

You know, the act which states its the traders responsibility to collect rejected goods unless the consumer has agreed to return them?

(7)From the time when the right is exercised—
(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and
(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

And from explanatory notes:

110.Subsection (7) provides that when the right to reject is exercised by the consumer, the trader has a duty to refund the consumer and from this time the consumer must make the goods available for collection by the trader, or if agreed, return the rejected goods to the trader.

111.Subsection (8) clarifies that any reasonable costs of returning rejected goods to the trader (except where the consumer returns the goods in person to where they obtained physical possession of them) is to be borne by the trader. This includes the trader paying postal costs. This applies whether or not the consumer has agreed to return the goods, as mentioned in subsection (7).