Faulty three seater swing, was sent a second and told to keep the first or dispose of it. Second one

janeyO

Hi sorry for long thread title. Also, I wasn't sure where to put this.
I bought online a three seater swing that was faulty, I sent photos and the company sent me a second one, this too was faulty. They then offered me two options, one was to keep the item and accept a 30% refund or return the item and wait in from 8am until 6pm for them to pick it up. I've decided to go for the full refund. What I'm wondering is if I can still keep the first faulty swing? Or should I send them both back? Thanks in advance for any advise

JHW1942

janeyO said:

Hi sorry for long thread title. Also, I wasn't sure where to put this.
I bought online a three seater swing that was faulty, I sent photos and the company sent me a second one, this too was faulty. They then offered me two options, one was to keep the item and accept a 30% refund or return the item and wait in from 8am until 6pm for them to pick it up. I've decided to go for the full refund. What I'm wondering is if I can still keep the first faulty swing? Or should I send them both back? Thanks in advance for any advise

Ask them.  But don't just assume you can keep it, use it or sell it, because it is their property and they have six years in which to ask for it back.  You don't want to be sent a bill for it in a few months' or years' time.

bris

You need to make both them available to collect, you cant just keep the first one as you refused their offer so they are entitled to both them back. If they only get one back you might find they refuse the refund until the other is returned.

janeyO

Thank bris, that does make sense. They did tell me to dispose of the first one or keep it for spare parts so as not to inconvenience me any more than necessary, that's why I was wondering if I needed to return it. As I could of already disposed of it. So if I have both ready by the door for uplift and they only take one, would that affect my right to refund?

janeyO

JHW1942 said:

janeyO said:

Hi sorry for long thread title. Also, I wasn't sure where to put this.
I bought online a three seater swing that was faulty, I sent photos and the company sent me a second one, this too was faulty. They then offered me two options, one was to keep the item and accept a 30% refund or return the item and wait in from 8am until 6pm for them to pick it up. I've decided to go for the full refund. What I'm wondering is if I can still keep the first faulty swing? Or should I send them both back? Thanks in advance for any advise

Ask them.  But don't just assume you can keep it, use it or sell it, because it is their property and they have six years in which to ask for it back.  You don't want to be sent a bill for it in a few months' or years' time.

JHW1942 said:

janeyO said:

Hi sorry for long thread title. Also, I wasn't sure where to put this.
I bought online a three seater swing that was faulty, I sent photos and the company sent me a second one, this too was faulty. They then offered me two options, one was to keep the item and accept a 30% refund or return the item and wait in from 8am until 6pm for them to pick it up. I've decided to go for the full refund. What I'm wondering is if I can still keep the first faulty swing? Or should I send them both back? Thanks in advance for any advise

Ask them.  But don't just assume you can keep it, use it or sell it, because it is their property and they have six years in which to ask for it back.  You don't want to be sent a bill for it in a few months' or years' time.

Thanks JHW1942, that too makes sense and is quite worrying that they have six years to ask for something back! I will email them and ask them if they want them both back. If they say they want just the one back, I'm guessing that email will cover me from any future request for it back?

JHW1942

janeyO said:

Thank bris, that does make sense. They did tell me to dispose of the first one or keep it for spare parts so as not to inconvenience me any more than necessary, that's why I was wondering if I needed to return it. As I could of already disposed of it. So if I have both ready by the door for uplift and they only take one, would that affect my right to refund?

janeyO said:

JHW1942 said:

janeyO said:

Hi sorry for long thread title. Also, I wasn't sure where to put this.
I bought online a three seater swing that was faulty, I sent photos and the company sent me a second one, this too was faulty. They then offered me two options, one was to keep the item and accept a 30% refund or return the item and wait in from 8am until 6pm for them to pick it up. I've decided to go for the full refund. What I'm wondering is if I can still keep the first faulty swing? Or should I send them both back? Thanks in advance for any advise

Ask them.  But don't just assume you can keep it, use it or sell it, because it is their property and they have six years in which to ask for it back.  You don't want to be sent a bill for it in a few months' or years' time.

Thanks JHW1942, that too makes sense and is quite worrying that they have six years to ask for something back! I will email them and ask them if they want them both back. If they say they want just the one back, I'm guessing that email will cover me from any future request for it back?

Doesn't that first highlighted text give you the authorisation you need, already?  If you have something from them saying you can dispose of it or keep it for spares, you already have authorisation.

powerful_Rogue

Why would you want to keep a broken swing? You won't be able to use it for spare parts if the second one is collected.

I'm guessing the fault isn't that bad that the swing is unusable, so you get a free swing out of it?

Sandtree

JHW1942 said:

janeyO said:

Thank bris, that does make sense. They did tell me to dispose of the first one or keep it for spare parts so as not to inconvenience me any more than necessary, that's why I was wondering if I needed to return it. As I could of already disposed of it. So if I have both ready by the door for uplift and they only take one, would that affect my right to refund?

janeyO said:

JHW1942 said:

janeyO said:

Hi sorry for long thread title. Also, I wasn't sure where to put this.
I bought online a three seater swing that was faulty, I sent photos and the company sent me a second one, this too was faulty. They then offered me two options, one was to keep the item and accept a 30% refund or return the item and wait in from 8am until 6pm for them to pick it up. I've decided to go for the full refund. What I'm wondering is if I can still keep the first faulty swing? Or should I send them both back? Thanks in advance for any advise

Ask them.  But don't just assume you can keep it, use it or sell it, because it is their property and they have six years in which to ask for it back.  You don't want to be sent a bill for it in a few months' or years' time.

Thanks JHW1942, that too makes sense and is quite worrying that they have six years to ask for something back! I will email them and ask them if they want them both back. If they say they want just the one back, I'm guessing that email will cover me from any future request for it back?

Doesn't that first highlighted text give you the authorisation you need, already?  If you have something from them saying you can dispose of it or keep it for spares, you already have authorisation.

I personally would double check as at the point that was stated they were sending the OP a replacement. The situation has changed and the replacement is going back for a refund. Now you could argue that you'd disposed of it based on the original authorisation straight away but that wouldn't be true. The company seem to have been reasonable and so only fair to be reasonable back.

janeyO

JHW1942 said:

janeyO said:

Thank bris, that does make sense. They did tell me to dispose of the first one or keep it for spare parts so as not to inconvenience me any more than necessary, that's why I was wondering if I needed to return it. As I could of already disposed of it. So if I have both ready by the door for uplift and they only take one, would that affect my right to refund?

janeyO said:

JHW1942 said:

janeyO said:

Hi sorry for long thread title. Also, I wasn't sure where to put this.
I bought online a three seater swing that was faulty, I sent photos and the company sent me a second one, this too was faulty. They then offered me two options, one was to keep the item and accept a 30% refund or return the item and wait in from 8am until 6pm for them to pick it up. I've decided to go for the full refund. What I'm wondering is if I can still keep the first faulty swing? Or should I send them both back? Thanks in advance for any advise

Ask them.  But don't just assume you can keep it, use it or sell it, because it is their property and they have six years in which to ask for it back.  You don't want to be sent a bill for it in a few months' or years' time.

Thanks JHW1942, that too makes sense and is quite worrying that they have six years to ask for something back! I will email them and ask them if they want them both back. If they say they want just the one back, I'm guessing that email will cover me from any future request for it back?

Doesn't that first highlighted text give you the authorisation you need, already?  If you have something from them saying you can dispose of it or keep it for spares, you already have authorisation.

It was during the first phone call when I told them the problem that they said I could either keep or dispose of the swing. I'd actually asked them if they'd pick up the original swing when they delivered the replacement and that's when they said that. So all I have is that it was said in a phone call, no email authorisation. 

janeyO

powerful_Rogue said:

Why would you want to keep a broken swing? You won't be able to use it for spare parts if the second one is collected.

I'm guessing the fault isn't that bad that the swing is unusable, so you get a free swing out of it?

It wasn't broken per sey, some parts were too big and other parts were too small. It's like I was given the parts for three different swings. And it was exactly the same with the second swing. So the cushions were ok but I couldn't vouch for the swing itself as I never got that far because the frame couldn't be put together because of unusable parts

powerful_Rogue

janeyO said:

powerful_Rogue said:

Why would you want to keep a broken swing? You won't be able to use it for spare parts if the second one is collected.

I'm guessing the fault isn't that bad that the swing is unusable, so you get a free swing out of it?

It wasn't broken per sey, some parts were too big and other parts were too small. It's like I was given the parts for three different swings. And it was exactly the same with the second swing. So the cushions were ok but I couldn't vouch for the swing itself as I never got that far because the frame couldn't be put together because of unusable parts

So why do you want to keep it, when you could return it back with the replacement they sent you?