Who is liable for return costs for a non complete order?

madhatter83

I recently bought three bluray discs from Zavvi on a "3 for £30" promo. Only two of them were shipped to me, the other is out of stock. 

Since they could not complete the order (and the movie i wanted the most happened to be the one not sent to me) I have asked to cancel the sale.

They have stated I should return back via tracked method and that I am liable until the items reach them. 

I feel It is them who should be Liable for return postage costs as they did not send the full order. 

Any idea what my rights are here? 

CliveOfIndia

I would read that as meaning you're liable for the safe return of the goods, not liable for the postage costs?  If that's the case, would the "tracked method" (whichever carrier that may be) cover you by default if they were lost in transit?  You'd need to check the T&Cs of your chosen carrier to see what "tracked" actually covers.

DullGreyGuy

Are they offering to let you keep the 2 discs for £20 or are they suggesting they'll charge you at standard pricing? 

It doesn't sound like it was a "set" but 3 random disks

As above, liable for self return and liable for costs are two different things. 

eskbanker

madhatter83 said:

I recently bought three bluray discs from Zavvi on a "3 for £30" promo. Only two of them were shipped to me, the other is out of stock. 

Since they could not complete the order (and the movie i wanted the most happened to be the one not sent to me) I have asked to cancel the sale.

They have stated I should return back via tracked method and that I am liable until the items reach them. 

I feel It is them who should be Liable for return postage costs as they did not send the full order. 

Any idea what my rights are here? 

If you're choosing to cancel the contract then you may be responsible for the return cost if the retailer's terms specify this, so that terminology may have confused matters.

However, if the delivered goods weren't what you ordered and they clearly advised that this wouldn't be rectified, then that would be a matter of rejecting the sale on the basis of non-compliance, which places different obligations on the trader.  How exactly did they phrase the options available to you?