Returning a Bulky item, Disabled with no printer?

KPeters

No, I'm not accepting anything.  It's they're faulty tree they can come and get it.  They should have sent a label with it.

 I'm socially isolated disabled and old.  They should somehow be able to print the blinking label out and send it through the post.  I've chatted to (messenger and email) 7 different people so far.  Last person on friday said ok ill arrange a free collection via post, i assume RM but someone else has butted in and gone backwards 5 steps.  I can not be the only person who's been in this predicament can it?  There is no one who can help if there was I wouldn't have a problem.

KPeters

And it actually does matter if I'm disabled. Under the Equality Act they have to make suitable arrangements.  Sending me a label us suitable 

Alderbank

KPeters said:

And it actually does matter if I'm disabled. Under the Equality Act they have to make suitable arrangements.  Sending me a label us suitable 

Which part of the Equality Act are you looking at?
The EA largely deals with public bodies and employment. Are you looking at something in part 10 (Contracts and other agreements)? Again, part 10 deals mainly with issues covered by an employment tribunal. I can't see anything which would be relevant to retail contracts of sale of Christmas trees.

Aylesbury_Duck

KPeters said:

No, I'm not accepting anything.  It's they're faulty tree they can come and get it.  They should have sent a label with it.

 I'm socially isolated disabled and old.  They should somehow be able to print the blinking label out and send it through the post.  I've chatted to (messenger and email) 7 different people so far.  Last person on friday said ok ill arrange a free collection via post, i assume RM but someone else has butted in and gone backwards 5 steps.  I can not be the only person who's been in this predicament can it?  There is no one who can help if there was I wouldn't have a problem.

If that's a response to sheramber's post (below), "except" has a different meaning to "accept".  sheramber wasn't instructing you to accept you have to pay for the postage, they were pointing out the difference between RM and Studio's return costs.

sheramber said:

lisyloo said:

I believe royal don’t require you to have a label so look up their collections

Except you have to pay for the postage and try to get it back , whereas a return label fro Studio will be post paid.

user1977

Alderbank said:

KPeters said:

And it actually does matter if I'm disabled. Under the Equality Act they have to make suitable arrangements.  Sending me a label us suitable 

Which part of the Equality Act are you looking at?
The EA largely deals with public bodies and employment. Are you looking at something in part 10 (Contracts and other agreements)? Again, part 10 deals mainly with issues covered by an employment tribunal. I can't see anything which would be relevant to retail contracts of sale of Christmas trees.

It applies to the provision of goods and services, so retailers etc are obliged to make reasonable adjustments.

Vectis

I suppose it should be asked, what's actually the problem with the tree that it needs returning?

Also, when did you contact them about this faulty tree? Before Christmas?

What outcome are you hoping for, a replacement tree?

ThumbRemote

Alderbank said:

An interesting and useful post from @km1500.

In general, the seller's T&Cs cannot take away from your statutory consumer rights.

Assuming you have had the faulty tree from more than a month, the regulations say that the consumer (you) has a duty to make the goods available for collection by the trader and regardless of whether the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them.

However the regs also say that if there is an agreement for the consumer to return rejected goods then you must return them as agreed.

So if you agreed to a contract term which says you must stand on your head in the Post Office when returning goods, then that is what you have to do.

What are the T&Cs you agreed to?

Did you tell them about your disability before making the agreement? If so it is possible that you might have a claim under the Equality Act.

I don't think they will actually want a faulty Christmas tree back. Indeed they probably have some left unsold which they want rid of. I suspect they might say, 'Keep the faulty tree. A brand new replacement is on its way.' Perfectly legal.

I think the whole idea of buying Christmas decorations then sending them back for a refund in January is interesting.

No no no no no.

It is absolutely not the responsibility of the consumer to inform the retailer of their health conditions prior to making a purchase. You can't 'opt-out' of the equality act, it is a statutory right. 

Nor is it a reasonable contract term to insist on irrelevant actions when returning goods. 

The equality act (section 20) simply states that service providers must make reasonable adjustments so that people are not disadvantaged. It is entirely reasonable in this case that the retailer makes the reasonable adjustment of collecting the parcel. 

sheramber

ThumbRemote said:

Alderbank said:

An interesting and useful post from @km1500.

In general, the seller's T&Cs cannot take away from your statutory consumer rights.

Assuming you have had the faulty tree from more than a month, the regulations say that the consumer (you) has a duty to make the goods available for collection by the trader and regardless of whether the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them.

However the regs also say that if there is an agreement for the consumer to return rejected goods then you must return them as agreed.

So if you agreed to a contract term which says you must stand on your head in the Post Office when returning goods, then that is what you have to do.

What are the T&Cs you agreed to?

Did you tell them about your disability before making the agreement? If so it is possible that you might have a claim under the Equality Act.

I don't think they will actually want a faulty Christmas tree back. Indeed they probably have some left unsold which they want rid of. I suspect they might say, 'Keep the faulty tree. A brand new replacement is on its way.' Perfectly legal.

I think the whole idea of buying Christmas decorations then sending them back for a refund in January is interesting.

No no no no no.

It is absolutely not the responsibility of the consumer to inform the retailer of their health conditions prior to making a purchase. You can't 'opt-out' of the equality act, it is a statutory right. 

Nor is it a reasonable contract term to insist on irrelevant actions when returning goods. 

The equality act (section 20) simply states that service providers must make reasonable adjustments so that people are not disadvantaged. It is entirely reasonable in this case that the retailer makes the reasonable adjustment of collecting the parcel. 

Who decided what is ‘reasonable adjustments’?

lincroft1710

sheramber said:

ThumbRemote said:

Alderbank said:

An interesting and useful post from @km1500.

In general, the seller's T&Cs cannot take away from your statutory consumer rights.

Assuming you have had the faulty tree from more than a month, the regulations say that the consumer (you) has a duty to make the goods available for collection by the trader and regardless of whether the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them.

However the regs also say that if there is an agreement for the consumer to return rejected goods then you must return them as agreed.

So if you agreed to a contract term which says you must stand on your head in the Post Office when returning goods, then that is what you have to do.

What are the T&Cs you agreed to?

Did you tell them about your disability before making the agreement? If so it is possible that you might have a claim under the Equality Act.

I don't think they will actually want a faulty Christmas tree back. Indeed they probably have some left unsold which they want rid of. I suspect they might say, 'Keep the faulty tree. A brand new replacement is on its way.' Perfectly legal.

I think the whole idea of buying Christmas decorations then sending them back for a refund in January is interesting.

No no no no no.

It is absolutely not the responsibility of the consumer to inform the retailer of their health conditions prior to making a purchase. You can't 'opt-out' of the equality act, it is a statutory right. 

Nor is it a reasonable contract term to insist on irrelevant actions when returning goods. 

The equality act (section 20) simply states that service providers must make reasonable adjustments so that people are not disadvantaged. It is entirely reasonable in this case that the retailer makes the reasonable adjustment of collecting the parcel. 

Who decided what is ‘reasonable adjustments’?

good question

Alderbank

The court will decide, based on the facts of the case.

Usually with EA claims the claimant will use a no win, no fee solicitor to bring the case on their behalf.

You need to show that the discrimination is due to your disability. Studio might claim that any discrimination is only against people who don't have printers, which is not a recognised characteristic.