Damaged Golf Net

angry_and_frustrated

Hi, Wondering what peoples thoughts are on this, I bought a golf net in a "Sale" (was in the same sale for about 4 months) the RRP was £299 and the sale price was £279, delivery was £26 and there was an additional discount code taking off an additional 20% so the grand total including delivery was £253.

When the package arrived it was heavily taped up at one end with raised suspicions, when i opened the packaging the net had been partially put together already and showed signs of previous use, upon closer inspection the metal frame of the net was slightly damaged and no longer sat flush with the floor leaving about a 100mm gap in the middle of both sides where the frame had been slightly bent, in addition some of the rods that hold the sides up show clear signs of more wear and tear - see picture

Functionally the net works as expected and all the parts are there, its clearly either ex display or was returned by a former owner to the store after being used for a while.

I've raised a complaint with the store as it wasn't sold as "Used" im just interested to know how much of a fuss people would make about this given the product works, if they offered a partial refund what would be reasonable ? should i just suck it up and accept it given it was discounted to begin with ? 

If they offer to replace the thing weighs about 20kg so id imagine to send it back with the courier is going to cost about £30

Appreciate peoples thoughts 

Aylesbury_Duck

Ultimately it's your choice how much effort you want to go to to get a pristine product.  You're certainly entitled to one, or a refund.  Maybe suggesting they refund £53 to bring the net(!) cost down to £200 would be a reasonable approach, especially with the implied threat of returning it for a full refund, which will cost them more hassle.

Okell

Are you sure it wasn't described as ex-display or as having previously been returned?

If it wasn't, then you could argue it wasn't "as described" - in which case the seller would have to reimburse the return costs or would have to arrange collection.

If within 30 days of delivery, you'd be entitled to a full refund.  After 30 days you are entitled to either a repair or a replacement.

Alternatively, as I presume this was a distance sale, you can cancel the contract for a full refund within 14 days of delivery.  If they've given no indication of the likely return costs - at 20kg I'm assuming it can't be returned by post - then the seller must arrange collection.

Out of curiosity, who is the seller?  Most online golf stores should understand their legal obligations under consumer legislation.

If they offer you what you consider an adequate amount to keep it, it's up to you.  If it works ok - fine.

(Cautionary tale:  I picked up the golf bug in my early teens.  I constructed a home made golf "net" by using a couple of pieces of concrete keb edging to anchor an old sheet hanging from a washing line.  I topped a drive which ran flush to the ground, hit the concrete kerb edging and rebounded within a couple of inches of my head at frightening speed.  If your net has the odd gap here and there but you decide to keep it, be careful...)

angry_and_frustrated

Okell said:

Are you sure it wasn't described as ex-display or as having previously been returned?

If it wasn't, then you could argue it wasn't "as described" - in which case the seller would have to reimburse the return costs or would have to arrange collection.

If within 30 days of delivery, you'd be entitled to a full refund.  After 30 days you are entitled to either a repair or a replacement.

Alternatively, as I presume this was a distance sale, you can cancel the contract for a full refund within 14 days of delivery.  If they've given no indication of the likely return costs - at 20kg I'm assuming it can't be returned by post - then the seller must arrange collection.

Out of curiosity, who is the seller?  Most online golf stores should understand their legal obligations under consumer legislation.

If they offer you what you consider an adequate amount to keep it, it's up to you.  If it works ok - fine.

(Cautionary tale:  I picked up the golf bug in my early teens.  I constructed a home made golf "net" by using a couple of pieces of concrete keb edging to anchor an old sheet hanging from a washing line.  I topped a drive which ran flush to the ground, hit the concrete kerb edging and rebounded within a couple of inches of my head at frightening speed.  If your net has the odd gap here and there but you decide to keep it, be careful...)

Thanks for your response

I just ordered from here 

FORB ProFlex Golf Driving Net | Practice Nets | Net World Sports

No mention of used or ex display 

Their returns policy states "You will be liable to cover the cost of the return of the item. We highly recommend using a tracked courier, as unfortunately we cannot be held responsible for any missing products."

Okell

angry_and_frustrated said:

Okell said:

Are you sure it wasn't described as ex-display or as having previously been returned?

If it wasn't, then you could argue it wasn't "as described" - in which case the seller would have to reimburse the return costs or would have to arrange collection.

If within 30 days of delivery, you'd be entitled to a full refund.  After 30 days you are entitled to either a repair or a replacement.

Alternatively, as I presume this was a distance sale, you can cancel the contract for a full refund within 14 days of delivery.  If they've given no indication of the likely return costs - at 20kg I'm assuming it can't be returned by post - then the seller must arrange collection.

Out of curiosity, who is the seller?  Most online golf stores should understand their legal obligations under consumer legislation.

If they offer you what you consider an adequate amount to keep it, it's up to you.  If it works ok - fine.

(Cautionary tale:  I picked up the golf bug in my early teens.  I constructed a home made golf "net" by using a couple of pieces of concrete keb edging to anchor an old sheet hanging from a washing line.  I topped a drive which ran flush to the ground, hit the concrete kerb edging and rebounded within a couple of inches of my head at frightening speed.  If your net has the odd gap here and there but you decide to keep it, be careful...)

Thanks for your response

I just ordered from here 

FORB ProFlex Golf Driving Net | Practice Nets | Net World Sports

No mention of used or ex display 

Their returns policy states "You will be liable to cover the cost of the return of the item. We highly recommend using a tracked courier, as unfortunately we cannot be held responsible for any missing products."

I think you have three options:

1.  If you think it is not as described or is "faulty" in some way - reject it

2.  If it's a distance sale - cancel the contract

3.  If you want to keep it because the faults are really insignificant - try to get the price disounted.


1.  Rejection

I havn't seen the product myself so can only rely on your assessment as to whether it is "not as described" or "faulty" in some way.  If it is "not as described" or "faulty" and you are within 30 days of delivery, you can exercise your short term right to reject under s22 of the Consumer Rights Act 2015 (legislation.gov.uk) and get a full refund.

If after 30 days but within 6 months of delivery the seller can offer you a repair or a replacement, but if whichever they choose fails again, you can demand a full refund.

Regarding return cost, if the goods are faulty/not as described, their returns policy is irrelevant - that is about returning non-faulty goods you've decided you don't want to keep.  

s20(7) and (8) of the legislation linked to above says:

"(7)From the time when the right [to reject] is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them."


So if the goods are faulty/not as described, the seller must pay for their return.  And unless there is an agreement for you to send them back, the seller must arrange collection.  (You would need to argue out with the seller whether or not their T&Cs amount to an agreement for you to arrange the return - but whichever way, they still need to pay for the return)

I note from their Returns policy it says that you should first contact their customer service team in the case of faulty goods.  Why not do that armed with the legal position as outlined above?  You may need to educate them as they may not know the law...   Returns Information & Answers To FAQs | Net World Sports


2.  Cancellation

Assuming this is an online or 'phone purchase and you are within 14 days* of delivery, you can cancel it as a distance contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) for a full refund.  You can do this for any reason - it doesn't have to be faulty, but you have to tell them that that is what you are doing, and I'd tell them in writing - email will do

You have up to 14 days after notifying the seller that you are cancelling the contract to return the goods to them. 

Unless the seller agrees to collect them you must bear the cost of collecting them unless - and this is important - the seller did not give you certain information before the contract was entered into.  The relevant information here is that the seller must have informed you that "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".  I've put the important bit in bold.

If you are saying that this item is too big and/or too heavy to return by post, then if the seller didn't tell you beforehand how much it would cost to return by other means, they must pay for the return.

See para 35(5)(b) of the regs linked to above, and para (m) of Schedule 2

You need to check through their T&Cs and Returns policy and any other information you had before entering into the contract to see if they tell you how much it would cost to return.  If you can't find it, you can cancel and they must pay for the return.


3.  Keep and negotiate a discount

Self-explanatory really.



Those are your three options as I see it.  Up to you really which one you go for.  You're in a better position than me to assess if it's faulty or not as described.

I think if I were you, I'd contact their customer service team first and see what they say about faulty/not as described (Option 1)

*  How close are you to the 14 day cut-off for cancellation, or has it passed?  (Option 2).

Even if it has passed you may still be able to cancel if they did not give you the information required by para (l) of Schedule 2 of the regulations about your right under the legislation to cancel a distance contract.  Did they inform you of that right?

Option 3 depends on how happy you are to keep it for a price reduction...

the_lunatic_is_in_my_head

Ask for a replacement, if they fail/refuse seek a price reduction.

https://www.legislation.gov.uk/ukpga/2015/15/section/24