Store insists on item return for refund

kitdonthol

I purchased a 24kilo item from a home goods retailer which was bought in store. 

After opening the box and starting to build it, I found that some small but essential bits were missing. It's their own brand product. 

I contacted the retailer by email with proof and they said they would arrange for missing parts to be delivered or I could collect in store. I agreed to this and was going to collect missing parts from the store. 

Missing parts didn't arrive in agreed time frame so after chasing them for a few more weeks about it and being asked to wait longer each time, I gave up and asked for a refund.

The company now insist that the item is returned to store for a refund. I part assembled it in good faith that the missing parts were on their way and even bought and attached separate feet to the base board, so now I have a part assembled bulky item that's too heavy to take back to the store without dismantling and taking on several journeys on public transport or a taxi and a struggle in the car park.

I asked if they would collect the item from my home if they need it to process a refund, which they say they cannot do. They insist it must be "assessed in store". 

Credit card company agreed to refund me initially so they credited my account with the amount paid. The retailer then disputed it. CC company asked me for evidence of everything which I sent email proof for.

Now they are siding with the retailer having seen that they offer a refund only upon return to store, so I'm £80 down without a usable product. 

Am I being unreasonable? I thought it was enough to request the refund after they failed to provide the missing parts.

I could try to source the missing parts (mostly bolts) separately, it would just be more money which is tight at the moment. 

Section 15, 5, c of consumer rights act 2015 is not being acknowledged by retailer or CC company. 
I've been told by both retailer and CC company that it was a store purchase so therefore must be a store return. I initially bought in store as I had the help of someone with a vehicle at the time. 

Any advice appreciated about whether I'm in the wrong, and if not, what is the best route to sort this out. Thankyou

Mark_d

If parts were missing then  a reasonable person would have noticed this before starting to build the item.
If your disassemble the item now, the retailer can't simply add the missing parts and sell it.
It is also unreasonable for you to expect a retailer to collect an item that your purchased in store.
If I was you I'd try to comply with the retailer's requests and be grateful if you don't end up out of pocket

kitdonthol

Yes I was hasty in getting started and thought I'd carry on as would missing bits would arrive but accept what you're saying. Thanks 

Exodi

To be honest, I would suggest it is you being unreasonable here.

You can not reasonably expect a refund without returning the goods. What's more, the goods were collected from the store, so it is not unreasonable for them to expect the goods to be returned to a store.

You have likely spent more time arguing this and raising credit card disputes than it would have to dismantle the partially assembled product and sort out returning it.

Likewise if someone helped you collect the item, I'd imagine they could help you return the item.

kitdonthol said:

Section 15, 5, c of consumer rights act 2015 is not being acknowledged by retailer or CC company. 

Forgive me, what is it that they are not acknowledging?

15 Installation as part of conformity of the goods with the contract

(1) Goods do not conform to a contract to supply goods if—

(a) installation of the goods forms part of the contract,

(b) the goods are installed by the trader or under the trader's responsibility, and

(c) the goods are installed incorrectly.

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

I interpret that as meaning where you buy a product and an installation service (e.g. you buy a dishwasher and pay extra to the retailer to install it) and the product is installed incorrectly (e.g. the inlet is kinked).

I think it has absolutely nothing to do with your situation and may be why they're not acknowledging it, because it is not relevant.

MyRealNameToo

Ultimately you managed to get it from the store to your home so should be able to get it back again. 

Whilst it may have their branding on it its fairly unlikely that they themselves manufacture it and so getting spare parts will always require a conversation between them and the manufacturer and so may not be fully in their control. 

kitdonthol

Sorry Section 24 is what I should have said. Anyway yes I will source replacement parts myself and leave it there thanks again 

Okell

kitdonthol said:

Sorry Section 24 is what I should have said. Anyway yes I will source replacement parts myself and leave it there thanks again 

Do you mean you were trying to get a price reduction under s24 to reflect the missing parts?

I'm surprised they wouldn't agree to that given they had already agreed to try to supply the missing parts.

Did you refer to s24 or to s15 when you discussed a price reduction?

the_lunatic_is_in_my_head

OP there is no reason you can't get a price reduction to cover the missing bits, if the retailer fails to provide a repair or replacement within a reasonable time then it is your choice of reject for a refund or negotiate a price reduction for the value of the missing pieces.

Who is the retailer OP? 

Side note, the credit card provider are only covering you on a chargeback which is in addition to consumer rights, as under £100 no right to enforce consumer rights against the cc provider. 

Regarding returning the goods this is covered under Section 20 (which doesn't help you much unless their terms for instore purchases say they will collect rejected goods):

https://www.legislation.gov.uk/ukpga/2015/15/section/20

(7)From the time when the right 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.

Alderbank

What are the small but essential bits (mostly bolts)? I think in your place I would just buy them and finish the construction.

If money is as tight as you say, ask the retailer for the money. There's a good chance after all those weeks of phone calls that they will pay you that couple of quid ex gratia just to get you off their back.

pinkshoes

@kitdonthol Are you saying you bought a 24kg item in store and took it home on a bus? If you want a refund then just unassemble it and take it back. The store is fair in requesting this.

Or just look on eBay or something for the bolts.  Or ask on social media if anyone local has any going spare that they'd give you?

Or just wait for the missing parts?

eskbanker

pinkshoes said:

@kitdonthol Are you saying you bought a 24kg item in store and took it home on a bus?

No:       

kitdonthol said:

I initially bought in store as I had the help of someone with a vehicle at the time.