Return goods with cosmetic defects

luzak

Hi! Dou you know if I can return goods due to cosmetics defects (item bought online)?  Like scratches and bad finish? Can seller refuse  return? Thx

Manxman_in_exile

If you bought online and the goods are neither personalised nor built to your specifications you can return within 14 days for a full refund anyway

luzak

It has been ordered to my specification (size). But item is in very poor condition.... Whats are my options?

Olinda99

Return the goods as faulty - or, if you would be happy with this, negotiate a discount.

New goods should not have scratches on.

born_again

luzak said:

It has been ordered to my specification (size). But item is in very poor condition.... Whats are my options?

Might help to say what & where you bought the item.

Ergates

luzak said:

It has been ordered to my specification (size). But item is in very poor condition.... Whats are my options?

You have the right to a refund or a replacement.   The retailer should have provided you with information on their returns process, either by email or with paperwork included with the order.

One exception to this would be if the items were sold with the defects included in the description (e.g. they're sold as second hand or as "B-grade" and the description mentions there are cosmetic defects).  Even then, you would still be able to return the items within 14 days of delivery.

Sandtree

luzak said:

It has been ordered to my specification (size). But item is in very poor condition.... Whats are my options?

You can attempt to reject the item based on it being damaged assuming there was nothing in the description about condition that would lead you to believe this is how it would appear.

Have you actually spoken to the retailer? Some people come on here and ask questions before talking to the seller and dont have any issues when they do. Others have already had issues with the retailer but dont bother saying what the retailer has stated which means people waste their time giving general advice.

In some goods condition can be highly subjective but you are being a little coy in saying what the item is. 

luzak

Hi All, Thanks for your advice. I have bought 4 windows (made to measure). 
 And answer from seller:
 g) Should a defect occur with the goods due to an error on Our part, We will at Our discretion decide whether it is more economical to replace, repair or refund, at Our own cost. If We are not given a reasonable opportunity to rectify any defect, the purchaser will not be reimbursed should they choose to rectify the defect themselves or by enlisting a third party. We will not accept a return of any goods for minor blemishes and cosmetic defects.”

luzak

Under distance selling regulation is it the Unfair Contract Terms Act?Is the  seller trying  to avoid or restrict their liability or their non-performance? Do I have to accept another replacement?

Manxman_in_exile

Normally if goods are faulty or defective* and you are still within 30 days of purchase, you can exercise your short term right to reject for a full refund.

What might be a complication here is whether you've bought the goods only, or whether you have bought the windows together with a fitting service.  I'm never 100% sure how combined contracts for goods and services work regarding rejection.  Someone here will know.

If you are outside 30 days, then they probably have the right to choose between repairing or replacing.  And they have one opportunity to get it right.

So when did you buy them, and is the contract just for the sale of the windows or fitting as well?


*Whether the bad finish and scratches you mention are sufficient to amount to a fault or a defect nobody here can tell you.  They might do or they might not.  Depends how bad "bad" is.

born_again

So this is the 2nd thread on the same subject.

https://forums.moneysavingexpert.com/discussion/6363296/looking-for-advice#latest

It really is not helpful to start more then on thread on the same subject. Which I guess you started this one as the other had no replies....