Wayfair trying to charge me return P&P.

Sweetlypea07

I ordered a 6m x 4m shade sail from Wayfair as that is the size we need. The item that arrived was 4.5m x 3m which is significantly smaller than advertised. I contacted them and they quickly arranged a replacement, which was good. However the replacement was the same size, so clearly they are selling the wrong size. To me this is their issue and when I contacted them to arrange to return both they said this was fine and understandable, but I noticed in the refund summary they were charging me return P&P. They are saying that because the item is not defective then the return P&P charge is valid. I don’t think I should have to pay return P&P as it’s not my fault it’s advertised at the wrong size. What are my rights in this situation?

Aylesbury_Duck

Your right is to a full refund of the item and postage, if it's not the product being advertised.

Are you absolutely sure the measurements are accurate?

ButterCheese

They will try to wriggle out of it stating half of what your rights are and half of what their responsibilities are.  Find the appropriate wording from a credible source and include that in your next email.  Also try to find any caveats in the ad that may give them leverage over the situation (e.g. if in the description it states somehting like "all dimensinos are approximate" then you might struggle).  But in essence, no they are not allwoed to charge you return p&p if the item they have sent you is not the item in their listing i.e. different size

DullGreyGuy

Sweetlypea07 said:

I ordered a 6m x 4m shade sail from Wayfair as that is the size we need. The item that arrived was 4.5m x 3m which is significantly smaller than advertised. I contacted them and they quickly arranged a replacement, which was good. However the replacement was the same size, so clearly they are selling the wrong size. To me this is their issue and when I contacted them to arrange to return both they said this was fine and understandable, but I noticed in the refund summary they were charging me return P&P. They are saying that because the item is not defective then the return P&P charge is valid. I don’t think I should have to pay return P&P as it’s not my fault it’s advertised at the wrong size. What are my rights in this situation?

Remind them that you are returning the goods because they are faulty/not as described and it's not a change of mind return. As the goods did not conform to the contract that you are expecting a full refund inc P&P both directions. 

ButterCheese said:

e.g. if in the description it states somehting like "all dimensinos are approximate" then you might struggle

I doubt anyone would try to argue that something being 25% smaller than stated would be considered within acceptable tolerances. Whilst I can't immediately find any regulations on lengths packing things by volume or weight can only allow a 1% tolerance at the higher end of the scale. 

Ergates

Sweetlypea07 said:

I ordered a 6m x 4m shade sail from Wayfair as that is the size we need. The item that arrived was 4.5m x 3m which is significantly smaller than advertised. I contacted them and they quickly arranged a replacement, which was good. However the replacement was the same size, so clearly they are selling the wrong size. To me this is their issue and when I contacted them to arrange to return both they said this was fine and understandable, but I noticed in the refund summary they were charging me return P&P. They are saying that because the item is not defective then the return P&P charge is valid. I don’t think I should have to pay return P&P as it’s not my fault it’s advertised at the wrong size. What are my rights in this situation?

The item *is* defective - it's the wrong size.

Okell

Direct them to the Consumer Rights Act 2015.

s.11  -  goods to be as described

and 

s.20(8)  -  "... the trader must bear any reasonable costs of returning ... " goods that are not as described.

If they can't measure stuff properly that is theri problem, not yours.

Sweetlypea07

Thanks everyone, reading all your comments yesterday gave me some confidence to try again. I looked up some official wording and tried again. It possibly also helped that they’ve updated the item description to the correct size and I finally got somewhere. They’ve issued a full refund this time and the person I was WhatsApping was much more helpful. Also it hadn’t been escalated like I had asked, so another thing that may have helped.