Too heavy to return to store for refund, they refuse to collect, rights please.

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

DullGreyGuy said:

the_lunatic_is_in_my_head said:
(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.

and paragraph (8) appears to imply the trader is responsible for the cost of collection as the bit about place of possession only refers to the consumer's costs (although happy to be corrected on that).

I guess it's a case of check the T&Cs on the invoice to see what it says about returning rejected goods.

So as stated by others, the customer took possession of them in the store and so the company dont have to cover the cost of the customer returning them to the store

I get that bit but if Costco haven’t drafted terms stating the consumer must return rejected goods then Costco must collect and that paragraph (8) seems to imply to collection cost is for the trader to bear regardless of where the consumer took possession. 

Ergates said:

the_lunatic_is_in_my_head said:

Ergates said:

(b)in the case of an off-premises contract, 

In store is on-premises   

That's why I bolded it - this wasn't an off-premises contract, ergo the potentially helpful bit about "could not, by their nature, normally be returned by post” does not apply.

I see  

Ergates said

Section 8 suggests the friend could present them with a bill for a 40 mile round trip's worth of petrol, or the cost of hiring a man-with-a-van.  Not sure how far "reasonable costs" extends.

Maybe highlighting this to them might encourage them to arrange collection.

 I think it says the opposite in that if you buy in store and return yourself you can’t claim the cost of getting back to the store. 

Since when have instore purchaces come with a list of T&C's?

There's usually something printed on the back of a receipt in a lot of stores, if you buy from Travis Perkins for example (who acknowledge consumers purchase from them) their invoices have rather extensive T&Cs printed on the back, never been to Costco so don't know what they give you.

pulliptears

Costco will be B2B wont it?

Ergates

pulliptears said:

Costco will be B2B wont it?

No, Costco sells to consumers.  You need a membership card, but that's it.

pulliptears

Ergates said:

pulliptears said:

Costco will be B2B wont it?

No, Costco sells to consumers.  You need a membership card, but that's it.

Wouldn't this depend on the type of membership the OP's friend has though?  Trade Membership is different to Individual Membership.

Ergates

pulliptears said:

Ergates said:

pulliptears said:

Costco will be B2B wont it?

No, Costco sells to consumers.  You need a membership card, but that's it.

Wouldn't this depend on the type of membership the OP's friend has though?  Trade Membership is different to Individual Membership.

There is nothing in what the OP has said to suggest that the friend is a trade member.   Given they were buying laminate flooring they then paid someone else to lay and they had to get their friend to help them bring the flooring home, it doesn't seem like they were acting like a trader.

Costco *does* sell to members of the public (everyone I know who has Costco membership does so as a consumer not a business), so the retailer in question being Costco doesn't change this.

pulliptears

Ergates said:

pulliptears said:

Ergates said:

pulliptears said:

Costco will be B2B wont it?

No, Costco sells to consumers.  You need a membership card, but that's it.

Wouldn't this depend on the type of membership the OP's friend has though?  Trade Membership is different to Individual Membership.

There is nothing in what the OP has said to suggest that the friend is a trade member.   Given they were buying laminate flooring they then paid someone else to lay and they had to get their friend to help them bring the flooring home, it doesn't seem like they were acting like a trader.

Costco *does* sell to members of the public (everyone I know who has Costco membership does so as a consumer not a business), so the retailer in question being Costco doesn't change this.

I'm a Costco individual member myself so I realise this.  I was pondering it because I have friends who have also purchased their laminate (happy with it I add) from Costo but they are Trade members for their business, in fact, almost all of my friends group are Trade rather than individual members.  
I wouldn't assume that just because they needed help to bring the flooring home and had to pay someone to lay it that they wouldn't be Trade Members.  Not every Trade Member has access to a van/car and is a joiner.

I'm just trying to establish the type of membership the OP has because if it is Trade is could muddy the waters somewhat.

A_Geordie

the_lunatic_is_in_my_head said:

There's usually something printed on the back of a receipt in a lot of stores, if you buy from Travis Perkins for example (who acknowledge consumers purchase from them) their invoices have rather extensive T&Cs printed on the back, never been to Costco so don't know what they give you.

Haven't been to Costco in a while and most retailers will include their in-store returns policy on the back of a receipt but full terms and conditions is unusual. Anyway, for terms to be incorporated they need to be brought to the attention of the customer before the contract is concluded.

Even if the terms were printed on the back of the receipt, I can't see how they could be relied on without the customer being made aware of those terms prior to the sale - Maybe these terms are given/emailed to you when you become a member and arguably they are incorporated by reference for any future sale in a Costco store.

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

DullGreyGuy said:

the_lunatic_is_in_my_head said:
(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.

and paragraph (8) appears to imply the trader is responsible for the cost of collection as the bit about place of possession only refers to the consumer's costs (although happy to be corrected on that).

I guess it's a case of check the T&Cs on the invoice to see what it says about returning rejected goods.

So as stated by others, the customer took possession of them in the store and so the company dont have to cover the cost of the customer returning them to the store

I get that bit but if Costco haven’t drafted terms stating the consumer must return rejected goods then Costco must collect and that paragraph (8) seems to imply to collection cost is for the trader to bear regardless of where the consumer took possession. 

Ergates said:

the_lunatic_is_in_my_head said:

Ergates said:

(b)in the case of an off-premises contract, 

In store is on-premises   

That's why I bolded it - this wasn't an off-premises contract, ergo the potentially helpful bit about "could not, by their nature, normally be returned by post” does not apply.

I see  

Ergates said

Section 8 suggests the friend could present them with a bill for a 40 mile round trip's worth of petrol, or the cost of hiring a man-with-a-van.  Not sure how far "reasonable costs" extends.

Maybe highlighting this to them might encourage them to arrange collection.

 I think it says the opposite in that if you buy in store and return yourself you can’t claim the cost of getting back to the store. 

Since when have instore purchaces come with a list of T&C's?

There's usually something printed on the back of a receipt in a lot of stores, if you buy from Travis Perkins for example (who acknowledge consumers purchase from them) their invoices have rather extensive T&Cs printed on the back, never been to Costco so don't know what they give you.

If you purchase something instore and take it away, I'd have thought the default position is if it becomes faulty you return it to store unless otherwise stated. Otherwise i'd want Tesco to come out and collect the faulty potatoe I purchased instore the other day.

the_lunatic_is_in_my_head

A_Geordie said:

the_lunatic_is_in_my_head said:

There's usually something printed on the back of a receipt in a lot of stores, if you buy from Travis Perkins for example (who acknowledge consumers purchase from them) their invoices have rather extensive T&Cs printed on the back, never been to Costco so don't know what they give you.

Haven't been to Costco in a while and most retailers will include their in-store returns policy on the back of a receipt but full terms and conditions is unusual. Anyway, for terms to be incorporated they need to be brought to the attention of the customer before the contract is concluded.

Even if the terms were printed on the back of the receipt, I can't see how they could be relied on without the customer being made aware of those terms prior to the sale - Maybe these terms are given/emailed to you when you become a member and arguably they are incorporated by reference for any future sale in a Costco store.

To be honest I have no idea how they are supposed to do it, as an example the trader should provide a reminder that they are under a legal duty to supply goods that are in conformity with the contract, can't say I've ever notice this anywhere. 

If you walk in off the street in a store that doesn't require membership could the store place terms on a website, on a poster in store, available as a copy if you ask for it?

powerful_Rogue said:

If you purchase something instore and take it away, I'd have thought the default position is if it becomes faulty you return it to store unless otherwise stated. Otherwise i'd want Tesco to come out and collect the faulty potatoe I purchased instore the other day.

Well indeed but the regs seem to imply that's only the case if you've agreed to it. 

powerful_Rogue

the_lunatic_is_in_my_head said:

A_Geordie said:

the_lunatic_is_in_my_head said:

There's usually something printed on the back of a receipt in a lot of stores, if you buy from Travis Perkins for example (who acknowledge consumers purchase from them) their invoices have rather extensive T&Cs printed on the back, never been to Costco so don't know what they give you.

Haven't been to Costco in a while and most retailers will include their in-store returns policy on the back of a receipt but full terms and conditions is unusual. Anyway, for terms to be incorporated they need to be brought to the attention of the customer before the contract is concluded.

Even if the terms were printed on the back of the receipt, I can't see how they could be relied on without the customer being made aware of those terms prior to the sale - Maybe these terms are given/emailed to you when you become a member and arguably they are incorporated by reference for any future sale in a Costco store.

To be honest I have no idea how they are supposed to do it, as an example the trader should provide a reminder that they are under a legal duty to supply goods that are in conformity with the contract, can't say I've ever notice this anywhere. 

If you walk in off the street in a store that doesn't require membership could the store place terms on a website, on a poster in store, available as a copy if you ask for it?

powerful_Rogue said:

If you purchase something instore and take it away, I'd have thought the default position is if it becomes faulty you return it to store unless otherwise stated. Otherwise i'd want Tesco to come out and collect the faulty potatoe I purchased instore the other day.

Well indeed but the regs seem to imply that's only the case if you've agreed to it. 

If that is the case, not that i'm doubting you, I can't imagine it's worth the time, hassle or inconvenience trying to enforce it.