Retailer won't return my £500 item

Galileo_Figaro

I bought a fogger (a cleaning device which aerosolises liquid, around £500) online a couple of months ago, paid by credit card.

It has two switches - one of which lit up when I switched it on (the main power switch), the other didn't. I didn't know if that meant the function controlled by the switch without the light wasn't working (both switches look similar), so I asked the retailer.

The retailer directed me to the manufacturer so I asked them.  

The next contact I received was a request from the retailer to return the item for inspection. I had to request a returns label, but I sent it and they received it about 2 weeks ago. 

Last week I received an email from the retailer saying that the switch isn't meant to have a light, and that I would need to collect the item as it wasn't faulty. 

I emailed back politely and said that the return had been at their request, so I would like them to deliver it (they aren't nearby, and the man is quite aggressive so collection isn't very appealing). 

I haven't had a response to that email, or my check-in. It's been a week now. I really need the item. So I can give them a few more days, but it would really help to understand my rights here. 

Can I insist that the retailer return the item at their expense (given that I had no wish to return it, I was just asking a question about the product and complying with their request)? 
If I don't receive a response at all, is the next step to go to the credit card issuer (Amex) for a refund?

PHK

What did the manufacturer say when you asked them? What does the instructions say?

Galileo_Figaro

PHK said:

What did the manufacturer say when you asked them? What does the instructions say?

The manufacturer didn't respond directly to me, but I think the request to return for inspection might have come from them initially (although it was the retailer who asked me). The instructions don't mention this either way. 

Alderbank

I don't think there has been any breach of consumer legislation here.
The fogger works fine, you are not seeking to cancel the contract and return it.
It isn't faulty.
You had a question about how it works. The trader paid for you to send it to them so they could investigate (possibly the type of switch was changed during the production run).
The trader has now said it's ready for you to collect.

I don't think the trader had any obligation to provide postage label to return it since it is not faulty and you are not cancelling the sale. They seem to have done that as a goodwill gesture to help their customer.

The only possible claim you might have is that when they paid postage to send it to them this created some kind of implied contract term that they would also have to pay the return postage.

I don't think that would fly - since there was no duty for them to pay in the first place it would be equitable for you to pay the return postage.

You say you could do with getting it back as soon as possible, so I would say just go and collect it or offer to pay postage if you don't want to face him.

Since you returned it voluntarily and there was no fault there was no breach so I can't see that chargeback or s75 would work. But what is certain is that any kind of legal challenge would take weeks.