Rght to refuse poor quality goods??

PJ70

Hi everyone,

After reading numerous articles regarding consumer rights, I am still unsure about something so thought it would be easier to just post the question on here to see what others think/advise.
I suppose my scenario isn’t that complex, but it does throw together a number of situations which have different rules.

I would like to place an online order with a company (no store-front, solely online) which I’ve not dealt with before and reading through some reviews, I stumbled across an issue someone had with one of the items I want to purchase. I’m buying mainly building supplies which includes a quantity of wood which is currently on special. The reviewer seemed to have made a similar purchase to the one I want to make but when he saw the wood on the back of the delivery truck, he found it to be in very poor condition and certainly not what he expected nor would he ever use. When he pointed it out to the driver, he was told he needs to accept the delivery, and then contact the seller. The driver warned him that they will charge him for return delivery costs and a hefty restocking fee if they find the wood is ok.
The reviewer accepted the delivery and when he contacted the seller to inform them that the wood was very poor quality, the seller’s reply was “the wood was a lot cheaper than normal so what did he expect to get”????? The reviewer stated that "Nowhere was it advertised or listed as being anything other than the normal product"...He was then told that if he didn’t want the wood he can return it at his cost and an “appropriate” restocking fee would also be deducted from any refund given. This fee can range from 5% to 35% and solely at their discretion!!!!!


So, my question is.....
If I were to order something like this (using the above scenario) and part of my order was not up to standard and certainly not as described, what do I do????
The items will have already been charged to my credit card before the delivery arrived so refusing part delivery means they have all the money, plus the goods I have rejected

Does accepting part of the order make it more difficult as far as my consumer rights go or am I best to just refuse the entire order???
Am I even able to refuse delivery of the entire order if only one part of it is faulty??? and who determines if something is faulty or poor condition.???

Lastly, if I do refuse part of an order because of a serious and obvious quality issue and the delivery driver says he isn’t taking it anywhere unless someone pays upfront, where do I stand????

Sorry guyz, I know I am asking a million different questions but that fact alone just goes to show how complex these things can be....and here I was thinking online is easy:rotfl::rotfl::rotfl:

Any help would be very much appreciated

PJ

theonlywayisup

Did you buy anything? Do you have an issue? Are you buying as a consumer?

Who is "the reviewer"?

unholyangel

Does this trader sell to consumers also or are they strictly trade only?

PJ70

theonlywayisup......As I said, I have not yet dealt with them but I would like to purchase items from them which is why I was going through the reviews (on TrustPilot) as they are local to me but I had not heard of them before. If I do purchase from them, I will be the consumer...I intend on using using the material for my own home.
The reviewer is a confirmed buyer...Joe Public???


unholeyangel....The company sells direct to the public...no trade deals

DCFC79

I wouldn't use them.

Is there not a local timber merchant you could use ?

PJ70

DCFC79....they are the local timber merchant lol.
There is another one just up the road but they all have crazy return policies.
I think it's because the potential new company is 100% online sales only, term and conditions seem to change. I am sure they just rely on idiots like myself to not know what to do when things go wrong.

Shame they don't have a front sales office..I certainly know what to do if they try and sell me garbage over the counter

Voyager2002

Your post makes it sound as if you run a business, but then you refer to "consumer rights". It makes a huge difference: if you are an individual buying materials for DIY you have far more rights than if you are in the trade: that is one reason why some suppliers are "trade only".

If you are a consumer, then read the information on this site about Distance Selling Regulations and Sale of Goods Act: these would appear to provide the protection that you require, particularly if you pay by card.

unholyangel

Voyager2002 wrote: »

Your post makes it sound as if you run a business, but then you refer to "consumer rights". It makes a huge difference: if you are an individual buying materials for DIY you have far more rights than if you are in the trade: that is one reason why some suppliers are "trade only".

If you are a consumer, then read the information on this site about Distance Selling Regulations and Sale of Goods Act: these would appear to provide the protection that you require, particularly if you pay by card.

DSRs were replaced in 2014 and SoGA was replaced 2015 by the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 respectively.

Generally the same principles but with some quite significant changes.

unholyangel

PJ70 wrote: »

theonlywayisup......As I said, I have not yet dealt with them but I would like to purchase items from them which is why I was going through the reviews (on TrustPilot) as they are local to me but I had not heard of them before. If I do purchase from them, I will be the consumer...I intend on using using the material for my own home.
The reviewer is a confirmed buyer...Joe Public???


unholeyangel....The company sells direct to the public...no trade deals

The definition of consumer in the CRA and CCRs is:

“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

So, would you be acting for purposes that are wholly or mainly outside your trade/business/craft/profession?

If so you would be a consumer and they wouldn't be able to impose a restocking fee. However if they complied with giving you the necessary information you could be liable for return postage costs and/or the diminished value of the goods if caused by your unreasonable handling of the goods.

Of course that relates to a change of mind return. If the goods didn't conform to contract (ie didn't match their description, didn't meet the standard a reasonable person would regard as satisfactory etc) then you would be entitled to reject the goods for a refund within the first 30 days (after that you would have to give 1 attempt to repair or replace the goods, if they still didnt conform, you'd have the option to reject again). The retailer would be liable for the return costs and would not be able to impose any deduction or fee on the refund if within the first 6 months.

bris

Basically it's like this, you know what problems will arise so you deserve everything you get.


It's called making a rod for your own back.

theonlywayisup

PJ70 wrote: »

DCFC79....they are the local timber merchant lol.
There is another one just up the road but they all have crazy return policies.
I think it's because the potential new company is 100% online sales only, term and conditions seem to change. I am sure they just rely on idiots like myself to not know what to do when things go wrong.

Shame they don't have a front sales office..I certainly know what to do if they try and sell me garbage over the counter

I don't understand this: The new firm causes you concern because of their reviews and you don't know your rights and "terms and conditions seem to change".

The other local firm has "crazy return policies".

What are the "crazy return policies" and is it more unsettling that the new firm's seem to change?