Refund for returned bathroom furniture - minus delivery costs?

muddymickey

Hi all

So here's the story:

1) Ordered a combined bathroom vanity unit & sink from an online retailer, item name is "600MM VANITY UNIT & BASIN HIGH GLOSS WHITE". Cost was £362 including VAT and "free" delivery. Paid for on my wife's credit card.
2) Asked if unit could be delivered quicker, agreed to pay a separate fee of £10 (on my credit card this time) for next day delivery.
3) Unit turned up on time, on a pallet delivery.
4) Opened box, straightaway I didn't think the sink was as bright a white as the vanity unit beneath it. Got my wife and father to have a look, both agreed the sink wasn't a brilliant white, has a slight creamy tinge to it while the unit below was OK. Decided this would look wrong in the new bathroom I'm fitting out, next to the other brilliant white items (bath, shower tray, toilet etc).
5) Emailed supplier to state I wasn't happy and wanted to return for a refund on a basis of unacceptable colour mismatch.
6) Supplier asked for photos, I took some and sent, but it's hard to replicate the colour shade differences with a camera.
7) Supplier stated they had passed the photos to the manufacturer who said it was normal and no fault, so therefore the supplier did not accept there was a fault, if I wanted a refund I would need to arrange transport at my own cost.
8) Filled out returns form, supplier agreed to return and gave return address details.
9) Packaged goods up securely on original pallets and sent back at a cost of around £50.
10) Supplier have received goods back and say they are in OK condition and are willing to refund...
11) But...they are deducting their delivery charges of £78.00.

So I've returned the goods, and am now around £128 out of pocket (£78 + £50)

My questions:
- If I disagree with their decision that there is no fault, how do I progress this? Not sure how to argue whether differing shades of white are acceptable or not.
- are the supplier within their rights to deduct £78 delivery charge off the refund, for their "free delivery" (bearing in mind I paid £10 for next day delivery)
- Is this something I could hand over to the credit card company (bearing in mind different cards were used for the goods, and for the upgraded delivery)
- Have I any realistic chance of getting anything back, or should I just suck it up ?

Thanks for any advice

bris

As it was an online order then you get 14 days to cancel and they need to refund everything paid to them, that includes the delivery to you.
You are not entitled to the extra £10 though as that was your choice.


We need a link to the company to see who they are and if they claim to sell to the trade only or not as that can make a difference.

muddymickey

Thanks for your reply.

Here's a link to the company, and the product in question:
https://www.showermania.co.uk/liana-slimline-600mm-vanity-unit-and-basin-high-gloss-white-lifv60s

Definitely not trade-only. And clearly states "Free Delivery" if that makes a difference.

vuvuzela

This is a dismal, and, unless I;'m dramatically misreading it, a potentially unlawful (?) clause :

"In cases of damaged goods we will arrange delivery of a replacement unit or a full refund less our original delivery costs. "

So if they send something and their courier breaks it, they'll give you a refund but will deduct for the delivery.

bris

Their T&C's are completely out dated and illegal for consumers. You have a case if you choose to take it on.

muddymickey

Great - thanks for your help.

I'm assuming the case regarding the refund maybe clear cut then.

The issue regarding whether the colour mismatch between sink & unit is acceptable or not - and therefore whether I have to pay the return transport costs - not so clear cut I assume.

DoaM

Unless the other items you're matching it with are from the same supplier/manufacturer and with the same colour description, or unless the colour is quite obviously not what it claims to be, then a subtle difference in "brilliant white" (high gloss white actually, per the description) may be a difficult position from which to reject the goods.

unholyangel

muddymickey wrote: »

Great - thanks for your help.

I'm assuming the case regarding the refund maybe clear cut then.

The issue regarding whether the colour mismatch between sink & unit is acceptable or not - and therefore whether I have to pay the return transport costs - not so clear cut I assume.

Yes the refund issue is clear cut. The consumer contracts (information, cancellation & additional charges) regulations 2013 stipulate:

34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).

(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.

(3) In that case, the trader must reimburse any payment for delivery received from the consumer up to the amount the consumer would have paid if the consumer had chosen the least expensive common and generally acceptable kind of delivery offered by the trader.


...

(7) The trader must make the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise.

(8) The trader must not impose any fee on the consumer in respect of the reimbursement.

Whats more, did they tell you how much the item would be to send back? If not, they're liable for return postage costs also.

(5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

(a)the trader has agreed to bear those costs, or
(b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.

(6) The contract is to be treated as including a term that the trader must bear the direct cost of the consumer returning goods under paragraph (2) where paragraph (5)(b) applies.

Paragraph m of schedule 2 is:

(m)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;

In accordance with part 2 means they need to have informed you of that before you entered into the contract with them.


Tbh their T&C's are some of the worst I've seen (not the worst, but edging in that direction). Their T&C's state 7 days (distance selling regulations which were replaced by the CCRs) then goes on to mention 14 days and the CCRs. They also try to claim the delivery is a separate contract for services which cant be cancelled - which is utter !!!!!!!! and contradicts what the CCRs expressly state (which I quoted above). Even if that were the case, they cannot retrospectively alter the price of that service from £10 to £78.

You are entitled to every penny you paid minus £10 to be refunded. You may also be entitled to your £50 return costs depending on whether they complied with their obligations (I'm pretty sure they won't have). They are entitled to deduct the £10 for expedited delivery, thats all.

Start a section 75 claim with the card provider. They're jointly and severally liable - meaning if you have a claim against the retailer, you have a claim against the finance provider. This has the added benefit that you can make a s75 claim with the creditor, if they turn you down you can complain to the financial ombudsman, if the ombudsman reject your claim you can appeal it and if they still reject it, you can then take it to court. So it gives you 3 possible avenues of redress that won't cost you (unlike court) anything but time that you wouldn't otherwise have.

ETA: The above is in the case its classed as change of mind. If the goods didn't conform to contract then the £50 wouldn't depend on whether they had told you how much it would cost to return (you'd be entitled to it regardless) and you'd also be due the £10 back too.