Item ordered is too heavy for advertised use and too heavy to return - what to do?

Arunmor

10cm is very thick and a bit of a search would have given you the weight.  I think this is your fault op.

HillStreetBlues

Arunmor said:

10cm is very thick and a bit of a search would have given you the weight.  I think this is your fault op.

I would say 10cm is very very thick.

Okell

HillStreetBlues said:

Arunmor said:

10cm is very thick and a bit of a search would have given you the weight.  I think this is your fault op.

I would say 10cm is very very thick.

          

the_lunatic_is_in_my_head

dilby said:

Are you please able to shed some light as to what legislation covers this 

Hello OP

Please see below from post above

the_lunatic_is_in_my_head said:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/13

13.—(1) Before the consumer is bound by a distance contract, the trader—

(a)must give or make available to the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and in a way appropriate to the means of distance communication used, and

(b)if a right to cancel exists, must give or make available to the consumer a cancellation form as set out in part B of Schedule 3.

(5) If the trader has not complied with paragraph (1) in respect of paragraph (g), (h) or (m) of Schedule 2, the consumer is not to bear the charges or costs referred to in those paragraphs.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/35

Return of goods in the event of cancellation

35.—(1) Where a sales contract is cancelled under regulation 29(1), it is the trader's responsibility to collect the goods if—

(a)the trader has offered to collect them, or

(b)in the case of an off-premises contract, the goods were delivered to the consumer's home when the contract was entered into and could not, by their nature, normally be returned by post.

(2) If it is not the trader's responsibility under paragraph (1) to collect the goods, the consumer must—

(a)send them back, or

(b)hand them over to the trader or to a person authorised by the trader to receive them.

(5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

(a)the trader has agreed to bear those costs, or

(b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.

(6) The contract is to be treated as including a term that the trader must bear the direct cost of the consumer returning goods under paragraph (2) where paragraph (5)(b) applies.

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

(m)where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

dilby said:

In regards to dates, this item was ordered back at the start of May and delivered a couple of days after so we are just over 30 days now. I've left them know I was returning ot for a while now and they've extended the returns window for 2 weeks for me to allow me to find a courier I can send it back with.

Their main terms and conditions page says you "have a right to cancel your order before dispatch or within 30 working days after the date of deliver"

The normal cancellation period is 14 days but the way the terms are written implies the 30 days refers to cancelling under the cancelling rights.

Those cancellation rights make no mention of the retailer extending the period, you could argue Section 69 of the CRA:

https://www.legislation.gov.uk/ukpga/2015/15/section/69

If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

To say that term does attach to your right to cancel but we are heading into more of a grey area here. 

That said, their terms don't seem to comply as they only give you 7 days to return after notifying of your intention to cancel rather than the required 14 days so you should, to the letter of the law, have 1 year and 14 days to cancel. 

One thing to note you have to make a clear statement you are using the cancellation right, if you wish to pursue this I would send them an email stating

"With regards to order xx I am writing to confirm I am exercising my right of cancellation under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013"

I would then return the goods, wait for the refund and then attempt to reclaim the return costs and any amount missing from the refund (should they try such).

It's going to be a bit of a battle but you'd hope VP would have better things to do than go to court over £100.

If there is any way to fit the goods safely it will probably be the easier option. A post on the DIY board with a photo of the screen and your bathroom might result in some positive suggestions (if you do post there it's best to avoid duplicate threads so stick to consumer rights here and fitting the screen on the DIY board ) 

Still amazes me that large companies like this can't get their terms right. 

HillStreetBlues said:

Arunmor said:

10cm is very thick and a bit of a search would have given you the weight.  I think this is your fault op.

I would say 10cm is very very thick.

Maybe it's torpedo proof glass so you can play with your submarines in the bath.