Help! Argument about returning item.

lisyloo

we would keep the box in the loft - not for return but in case we wanted to move house
and yes it is full of a lot of boxes but some fit inside each other

the_lunatic_is_in_my_head

DullGreyGuy said:

Have you had a fridge or washing machine delivered in a box? Ours just had protection on the top corners, sat on a pallet and wrapped in effectively clingfilm. 

Indeed good point  

But who keeps all the protection corners and such, I'm sure they took all that away last time we had a washer and fridge delivered. 

sheramber

When I returned a faulty tv to J Lewis it had to be boxed. It was 4yrs 11 months old and  dead. Returned under 5 year guarantee.

Originally JL said courier would bring box but he didn't and said they don't have any boxes.

JL then said use any box.

Parcelled it up then courier arrived with pocket camera saying he was supposed to photograph ir before it went in the box!

Tough! He took a photo of the box. 

Okell

Alderbank said:

the_lunatic_is_in_my_head said:

Alderbank said:

The BBQ was delivered packed in a box suitable for safe transportation in a vehicle. I think a court would consider it reasonable for the consumer to make it available for collection in a similar state.

The regs say it is the trader who must collect, the trader is using a third party that requires it to be boxed, I think that's the trader's problem.

The OP tells us that the goods were delivered to the kerbside boxed, in heavy protection and on a pallet. These are heavy, fragile ceramic items and the carrier has made it clear they will not collect them loose and unprotected. 

The actual wording of section 20(7)(b) is 'the consumer has a duty to make the goods available for collection by the trader'.
I contend that means putting the goods back to the location and condition, including the original or otherwise safe packaging, in which the carrier will collect them.

I think that if the legislature had intended to mean that the goods should be put "back to the location and condition, including the original or otherwise safe packaging"  for collection, then they would have said so.

But they didn't - they just said that the consumer must make the goods available for collection.  It would have taken no effort at all to add that the goods must be packed in the original, or similarly appropriate, packaging. 

I infer that as they didn't say that, then that is not what they intended.