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Returning "faulty" item

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Comments

  • dunroving
    dunroving Posts: 1,903 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    born_again wrote: »
    Can you provide a link to this under the 2015 consumer regulations?

    As I happened to have the CR Act open ... ;)

    Part 1, Chapter 2, Section 20 (Right to reject):

    (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 thetrader or (if there is an agreement for the consumer to return rejected goods)to return them as agreed.

    - so I guess it is in the trader's T's and C's whether the consumer is responsible for return costs in situations where the consumer simply rejects them. My guess is that most traders would include this condition in their T's and C's.

    Confusingly, the next section says ..
    "(8)
    Whether or not the consumer has a duty to return the rejected goods, the trader mustbear any reasonable costs of returning them, other than any costs incurred by theconsumer in returning the goods in person to the place where the consumer tookphysical possession of them.
    (Nearly) dunroving
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dunroving wrote: »
    As I happened to have the CR Act open ... ;)

    Part 1, Chapter 2, Section 20 (Right to reject):

    (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 thetrader or (if there is an agreement for the consumer to return rejected goods)to return them as agreed.

    - so I guess it is in the trader's T's and C's whether the consumer is responsible for return costs in situations where the consumer simply rejects them. My guess is that most traders would include this condition in their T's and C's.

    Confusingly, the next section says ..
    "(8)
    Whether or not the consumer has a duty to return the rejected goods, the trader mustbear any reasonable costs of returning them, other than any costs incurred by theconsumer in returning the goods in person to the place where the consumer tookphysical possession of them.

    Why is that confusing?

    If the consumer has not agreed to return rejected goods then they must only make them available for collection - and the trader is liable to arrange collection and also cover the cost.

    If the consumer has agreed to return rejected goods, then the consumer is liable to return them - but the trader is still liable for the costs incurred by that return.

    If you think that part's confusing, don't read the explanatory notes on how nothing in the act prevents the consumer from bringing a claim for damages where returning goods in person to the place they took physical possession of them incurs substantial cost.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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