what do you do when goods not meet quality but too big to "just send back"

boohoo2022

hi i live on a remote island and buy online all the time. I have been getting from a business in England for the past 4 years, as they arrange delivery (which moste hay merchants do not unless on their own truck)

so the hay this year was not v nice so i saw they were also advertising dried grass that was a v good price compared to dried grass from my local feed merchant. I got a sample of hay and dried grass sent to me, and i liked the look and the sheep ate it.

You have to order in x40 for a pallet and so with delivery added the price per bag was doubled, but was still a little bit cheaper than the local stuff and looked nicer, so i ordered 40.

It came and as soon as i opened the first bag my heart sank- it isnt dreid grass, it is short cut grass and dead grass, along with clumps of soil attached. Now feeding soil to sheep is dangerous and they will not eat it through choice- but i put out this grass into their feeders and no surprises they have unanimously rejected it.

Today i sorted out half a bag by hand, meticulously removing the dead "foggage" and clumps of soil so that i can put the most edible parts in their feeder. Not only is that labour intensive it also causes an immedaite wastage of about 50% of the product (which is a bit better than the 100% wastage when i dont sort it)

QUESTION: what rights do i have? Can i call them and say i want my money back? I can not send it back- the freight was as much as the cost of the product, so if i sent it at my own cost and got a refund i will be even more out of pocket

I am so unhappy, xmas is ruined- what i hoped would be nice green dried grass to feed my sheep over the winter is an almost unusable byproduct.

Can i demand they refund me, but i keep the product? I dont want it and might try and sell it to horse owners who may find their bigger appetites means they are less fussy over what they eat..... i have taken photos to send the company, i just wondered where i stand legally before i approach them about wasting my hard earned money. help anyone...?

eskbanker

Are you buying as a consumer or a business?

JetpackVelociraptor

I'm assuming the island you're on is part of the UK, if not then it won't be the same. You're reporting the product as faulty, so it's their responsibility to arrange for it to be returned. You can't demand that they allow you to keep it and refund you in full, but they may well offer to do this as the cost of the return postage is so high. If you've already used part of it they can deduct for the value of what you've used.

That's how it would work if you were talking about a consumer product, like a TV or a shed or pallets of tiles. If you purchased this as a business, you don't have the same rights. I don't know what the expectation is when you order dried grass, but if you have any information they've provided you regarding the quality and composition save a copy of it and be ready to use it to take them to court if you have to. For example if it was described as clean or soil-free.

If I were you I would begin with the assumption that they've mistakenly sent you the wrong thing, rather than deliberately ripped you off. Inform them that instead of the dried grass you've ordered you've received short-cut grass with soil in which isn't suitable, and can they arrange to exchange it for the dried grass you ordered. The high cost of delivery means they'll probably want to arrange a compromise, so have a think about what you would be prepared to pay for the product you got instead of the product you ordered and work from there.

If they refuse to offer anything suitable you can take them to small claims court.

boohoo2022

thank you both, i am indeed in the UK and i bought this for my pet sheep so not a business and i do not claim my animal feed on my tax return (wish i could as i do use their wool sometimes....)

anyways yes the material they sent me and the details and photo on their website says how brilliant it is (nothing about soil but the image is of dried green grass -no soil, roots  or brown dead grass, so am going to use the suggestion that i first approach them with the belief they have sent me the wrong item and take it from there.

wish me luck, this is a bit hit on my earnings and 40 bales of crap taking up space on my property is making me really sad.

the_lunatic_is_in_my_head

Goods should match any sample so you’d be entitled to a remedy of replace (or repair) and if that isn’t forthcoming return for refund or keep with a price reduction.

The price reduction might be the best option for you and it’s your choice between refund/price reduction after
no replacement.

this is a bit hit on my earnings 

This does sound as if there is a business consideration here. 

If the sheep are just pets then you’d be a consumer. If there’s any kind of income from keeping them it’s probably a business, although the reason for not claiming their feed as an expense might be a consideration we don’t see on the forum, not many sheep related issues on here  

lincroft1710

boohoo2022 said:

I am so unhappy, xmas is ruined- what i hoped would be nice green dried grass to feed my sheep over the winter is an almost unusable byproduct.

I'm sure your Xmas will not be ruined because your sheep haven't got the grass type you were expecting.


If the sheep provide an income then this is probably a business transaction, despite you looking on them as pet sheep.

pinkshoes

boohoo2022 said:

thank you both, i am indeed in the UK and i bought this for my pet sheep so not a business and i do not claim my animal feed on my tax return (wish i could as i do use their wool sometimes....)

boohoo2022 said:

Can i demand they refund me, but i keep the product? I dont want it and might try and sell it to horse owners who may find their bigger appetites means they are less fussy over what they eat..... i have taken photos to send the company, i just wondered where i stand legally before i approach them about wasting my hard earned money. help anyone...?

UK consumer rights act applies here.

You need to contact them and reject the goods as being not as described and not fit for purpose. You can then negotiate with the vendor on a solution. You are entitled to a full refund and they need to pay the return delivery costs.

As it will cost them a lot to collect them, then they might want to negotiate a discount. Perhaps 75% given only half is useable and then the labour involved in separating it??

boohoo2022

the lunatic and lincroft- no they are definitely pets- i rescue them and they cost me a fortune in feed and vet bills but i wouldnt be without them. however i HATE my hard earned cash being wasted (i have 5 pt jobs, but am on a (nationally very) low income)- i mean i could have bought 100 bags of sheep feed instead of this rubbish grass- which will end up going on the compost heap as it is just sitting in their feeder, while the sheep are all stood at my back door shouting for something else to eat!!! [btw why didnt i buy sheep feed?- cos grass is supposed to be better for them than hard feed as grass is natural etc etc, but only if its edible!)

so no its the fact that money could have bought them something they would eat rather than fill up my compost heap that makes me weep. And xmas will be ruined if my sheep are shouting at me all through the day telling me what a horrid owner i am "starving them"!! (or thats the guilt i will feel anyhoo). every winter is the same- the weather is sh*te and i worry whether they are getting enough to eat. hohum. BTW i got a reply from the office- they said they saw what i meant from the photos and have asked the yard to explain and then they'll get back to me....

ThumbRemote

There is a clause in the Consumer Rights Act that specifically covers samples: https://www.legislation.gov.uk/ukpga/2015/15/section/13/enacted

If the goods you received do not match the sample, you're entitled to reject the goods for a full refund. The retailer must also refund your carriage charges, and (if they want the goods back) is responsible for collecting them at their own cost. 

You could, if you wished, offer to keep them for a reduced price that you're happy with, but there is no compulsion on you to do so. 

Skiddaw1

@boohoo2022 just wanted to say fair play to you for loving (and rescuing) the sheep.... I really hope you get it sorted out and that you- and your sheep- have a splendid Christmas.

(PS: Whereabouts approximately are you located out of interest? Are you crofting?)

eskbanker

boohoo2022 said:

hi i live on a remote island and buy online all the time. I have been getting from a business in England for the past 4 years, as they arrange delivery (which moste hay merchants do not unless on their own truck)

so the hay this year was not v nice so i saw they were also advertising dried grass that was a v good price compared to dried grass from my local feed merchant. I got a sample of hay and dried grass sent to me, and i liked the look and the sheep ate it.

You have to order in x40 for a pallet and so with delivery added the price per bag was doubled, but was still a little bit cheaper than the local stuff and looked nicer, so i ordered 40.

A completely separate issue from your consumer rights, but is it worth considering the potential wider implications of buying from distant companies that undercut your local place, i.e. if the local merchant went under, what impact would that have on you, given your location?