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Do I have to return a faulty item

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Comments

  • Thanks for your feedback guys but I'm more confused now sorry :D

    So do I have to return the goods at my cost or make them available for collection?
  • hybernia
    hybernia Posts: 390 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Do you not want your money back? Or a replacement for the faulty original? You're hardly likely to get either if the seller doesn't have the goods in their possession. As for "making the goods available", I'm unaware of any legislation which goes on to say: ". . . and the seller must collect those goods as soon as the customer has made them available". The seller could indefinitely delay collecting the goods or be upfront about it and tell you to go whistle for your refund (or replacement), after which you're left with (a) stuff you can't use (b) no money back and (c) the County Court claim on which you'll have to embark against the seller.

    Consumer law in the UK is rarely as clear-cut as it's made out to be. No wonder you're confused.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks for your feedback guys but I'm more confused now sorry :D

    So do I have to return the goods at my cost or make them available for collection?

    If you agreed to return rejected goods, then you must return them but the retailer would be liable for the postage costs. If you didn't agree to return rejected goods then your only obligation is to make them available for collection.

    Check the terms and conditions and see if they say anything with regards to rejecting goods.
    hybernia wrote: »
    Do you not want your money back? Or a replacement for the faulty original? You're hardly likely to get either if the seller doesn't have the goods in their possession. As for "making the goods available", I'm unaware of any legislation which goes on to say: ". . . and the seller must collect those goods as soon as the customer has made them available". The seller could indefinitely delay collecting the goods or be upfront about it and tell you to go whistle for your refund (or replacement), after which you're left with (a) stuff you can't use (b) no money back and (c) the County Court claim on which you'll have to embark against the seller.

    Consumer law in the UK is rarely as clear-cut as it's made out to be. No wonder you're confused.

    That would be a silly thing for legislation to state given it would place retailers under a burden to collect goods whether they wanted them back or not. But FWIW the legislation concerning this matter is clear cut (and has been since even SoGA was in force). From the time the right to reject is exercised, the trader is under a duty to refund and the consumer is under an obligation to make the goods available for collection (or return them if they agreed to return them).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • unforeseen
    unforeseen Posts: 7,403 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    One scenario
    You might as well take them back yourself as the seller will insist on a face to face meeting to hand over the refund.
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