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Refusal to acknowledge error in web product details


These dimensions are inches, not centimetres. Discovered this when the box was over 42 inches long.  Returned it, courier cost £17.99  and I asked for this to be added when my payment is refunded. Refused, latest of a series of e-mails   "We have taken advice from management who advise that as the measurements are perfectly clear on the website, we will not be refunding the returns cost to you"  They have ignored my reply to this despite seeing this photo.

What do I do next?
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Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,383 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Was there a retailer return process you could have followed?  I suspect that would have been the simpler process because they would have paid for the return label rather than you arranging and paying the courier yourself.

    What communication did you have with them before returning it?  

  • born_again
    born_again Posts: 23,462 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Did you take item out & measure it?
    As often box is a lot bigger than required to protect item from damage.
    Life in the slow lane
  • Okell
    Okell Posts: 3,475 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 20 July 2023 at 11:52AM
    Grandad99 said:

    ... Discovered this when the box was over 42 inches long.  Returned it...
    Did you take item out & measure it?
    As often box is a lot bigger than required to protect item from damage.
    So did you actually open the box and measure the product, or did you just assume the description was wrong from the size of the box delivered?

    Grandad99 said:

    ..."We have taken advice from management who advise that as the measurements are perfectly clear on the website, we will not be refunding the returns cost to you"  They have ignored my reply to this despite seeing this photo.

    What do I do next?
    Assuming you actually measured the product and have confirmed that the online description is wrong, you tell them that what "management" have advised them is irrelevant as the product is not " as described" and that therefore they are in breach of s11 of the Consumer Rights Act 2015 (legislation.gov.uk).  Quote the legislation and tell them that you want your return costs refunded.

    If they don't cough up you might have a chargeback claim if you paid the return costs by debit card.  (I say "might" as I don't really understand the seemingly random terms of chargeback).

    You could also threaten to issue a court claim but I'm not sure it would be worth it for £18.


  • born_again
    born_again Posts: 23,462 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Could chargeback for goods not as described if they are inches, rather than centimetres.
    But that will only get OP cost of item & not postage to return.
    Life in the slow lane
  • Grandad99
    Grandad99 Posts: 152 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Yes, I did take it out and it was exactly 42 inches (should have said this before).
    Does the legislation specifically refer to the extra cost of returning the wrongly described item?
  • born_again
    born_again Posts: 23,462 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Grandad99 said:
    Yes, I did take it out and it was exactly 42 inches (should have said this before).
    Does the legislation specifically refer to the extra cost of returning the wrongly described item?
    You needed to follow retailers returns process, rather than simply returning of your own bat.

    As I said you could chargeback via bank if debit or credit card payment. With proof of what was ordered & photo showing it is much larger.
    But would guess you do not have that proof. So not really a option now.


    Who is the retailer?
    Life in the slow lane
  • deannagone
    deannagone Posts: 1,114 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    I tend to avoid buying 'large' hard to return items online now without being certain they will fit my purposes, or it will be certain to get a paid return postage label If I need to return.  I also have a good long look at listings to decide if dimensions are accurate as mistakes can be expensive for the buyer.
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,874 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 20 July 2023 at 7:08PM
    Grandad99 said:
    Yes, I did take it out and it was exactly 42 inches (should have said this before).
    Does the legislation specifically refer to the extra cost of returning the wrongly described item?
    Yeap 

    https://www.legislation.gov.uk/ukpga/2015/15/section/20

    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.


    Worth pointing this out to them and hopefully they'll do the right thing. :) 

    In the game of chess you can never let your adversary see your pieces
  • Jonboy_1984
    Jonboy_1984 Posts: 1,233 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    I suspect part of the problem here might be the amount you are asking for , based on a 20kg weight this looks to be more than any of the parcelforce services, and pretty much double the cheapest service (and likely almost 4 times the rate they would have paid if asked to collect themselves).
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,874 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 21 July 2023 at 8:20AM
    I suspect part of the problem here might be the amount you are asking for , based on a 20kg weight this looks to be more than any of the parcelforce services, and pretty much double the cheapest service (and likely almost 4 times the rate they would have paid if asked to collect themselves).
    A 20kg PF over 100cm long is £14.70 for collection, probably a bit more if you pay over the counter at the PO, due to the length it doesn't seem that unreasonable really. 

    If the consumer has agreed to return the goods they have a duty to do so, if the trader wishes to save by using their own cheaper services then the terms should be written stating this meaning the consumer's obligation is instead to make the goods available for collection.

    Although we don't know the terms it looks like an Amazon purchase and I doubt many sellers bother with terms. :) 
    In the game of chess you can never let your adversary see your pieces
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