Who pays for return when goods not as described

kerstilee
kerstilee Forumite Posts: 5
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I purchased some bulk shampoo online and the company sent a different product to that on the listing and on my invoice. It took a bit of back and forth to convince them that it was not the same product and now they have agreed to refund if I return.

It will be an inconvenience to me to arrange postage. I have asked for a return label and they say that I am responsible for return costs.

This is not a change of mind, the goods do not match the description. Who is actually responsible for the cost of return in this instance? I can't find anything about this type of case.

Comments

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Forumite Posts: 6,527
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    edited 6 July at 4:40PM
    https://www.legislation.gov.uk/ukpga/2015/15/section/20

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

    (8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

    If the terms say you should return then they don't have to collect or give a label AFAIK but either way the return must be at their cost, always worth point out the regs to the trader in the hope they simply agree to what is due :) 

  • Alderbank
    Alderbank Forumite Posts: 2,172
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    As above, if there was a contract term visible to you at the time you agreed the contract to say you have to return it before reimbursement, then that's what you have agreed to do and tough about your inconvenience.

    However they can't unilaterally add contract terms after the contract is made. So if there was nothing about returns in the T&Cs they can't now decide that you have to return the goods yourself. All you have to do in law is to make the goods available.

    It sounds like you are aware that if you choose and pay for a carrier that the goods are at your risk until the trader gets them, ie. if they get lost on the way you won't get your refund.
    If the trader sends you a label the risk passes to the trader at the point when you hand them over to his chosen carrier.
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