Help needed please - faulty sideboard - purchased online

tt2505

Can any consumer right experts help please 🙏 
I had a sideboard delivered from a website company. It was advised as ‘delivered fully assembled’ so I presumed that it would arrive & not need unpacking etc. 
It was delivered by a 2 man delivery in an extremely large cardboard box - it weighs 61kg & is 145cm x 45cm x 71cm. 

We unpacked & found that the glass shelves x 5 were missing & the doors were inside with no fittings, plus it had multiple dents, splits & marks on the wood.
I contacted the company & they said to get a refund it needed to be repackaged in its original packing! We had to cut it all completely & took it all outside while unpacking, it was raining so in no state to be brought back into the house. 

I purchased through PayPal (stupidly thinking I’d be better covered than section 75) 
I started a claim with PayPal & they’ve now said that I can get a full refund of the purchase price, but I need to return it myself & they will pay up to £50 costs.
There’s no way we can lift it to pack even if I can get any packing, plus courier quotes are coming in at approx £200. 

PayPal won’t entertain my objections & say that’s their final offer.
what are my rights?

eskbanker

The company can't insist on original packaging as such - your legal obligation when rejecting is to make the item available for collection (at their expense unless otherwise agreed), but you'd be expected to package it up in some form in order for a courier to pick it up.

See paragraphs 7 and 8 at https://www.legislation.gov.uk/ukpga/2015/15/section/20

This assumes that the company is covered by UK consumer protection legislation - who is it?

tt2505

eskbanker said:

The company can't insist on original packaging as such - your legal obligation when rejecting is to make the item available for collection (at their expense unless otherwise agreed), but you'd be expected to package it up in some form in order for a courier to pick it up.

See paragraphs 7 and 8 at https://www.legislation.gov.uk/ukpga/2015/15/section/20

This assumes that the company is covered by UK consumer protection legislation - who is it?

Thank you eskbanker 
The website is Efurn
Where can we get packaging from? 

I honestly thought that PayPal would get them to collect it, I was flabbergasted when I read the email this morning!

eskbanker

PayPal will have their own dispute resolution process, which is different from exercising your consumer rights against the retailer, so the latter is likely to be more powerful - in particular, the retailer will try to impose its own terms regarding returns, etc, but these can't override your statutory rights, so the fact that the original packaging is no longer available doesn't get them off the hook for its faulty contents.

No idea where to source suitable packaging though, I'm afraid.

born_again

tt2505 said:

eskbanker said:

The company can't insist on original packaging as such - your legal obligation when rejecting is to make the item available for collection (at their expense unless otherwise agreed), but you'd be expected to package it up in some form in order for a courier to pick it up.

See paragraphs 7 and 8 at https://www.legislation.gov.uk/ukpga/2015/15/section/20

This assumes that the company is covered by UK consumer protection legislation - who is it?

Thank you eskbanker 
The website is Efurn
Where can we get packaging from? 

I honestly thought that PayPal would get them to collect it, I was flabbergasted when I read the email this morning!

Argos sell packaging. (home removal)
Cheap option see if any supermarket has cardboard boxes or other local retailers.

Okell

tt2505 said:

eskbanker said:

The company can't insist on original packaging as such - your legal obligation when rejecting is to make the item available for collection (at their expense unless otherwise agreed), but you'd be expected to package it up in some form in order for a courier to pick it up.

See paragraphs 7 and 8 at https://www.legislation.gov.uk/ukpga/2015/15/section/20

This assumes that the company is covered by UK consumer protection legislation - who is it?

Thank you eskbanker 
The website is Efurn
Where can we get packaging from? 

I honestly thought that PayPal would get them to collect it, I was flabbergasted when I read the email this morning!

It might help if you point out to efurn that (as @eskbanker has already said) the Consumer Rights Act 2015 does not allow them to insist that you use the original packaging.

As s20(8) also says that the seller must bear the reasonable cost of returning damaged goods, I'd suggest you tell efurn either to supply you with what they consider to be suitable packaging, or to tell you what packaging to use and where to buy it from.  Remind them that they will be paying for the return and the packaging

NB  -  You have explained to efurn that the item is damaged and you aren't retruning for a change of mind?

millie

I sent an upright freezer back earlier in the year. I was supposed to have a digital display and it did not. I had paid extra for the delivery people to dispose of the packaging. The company suggested that I got some bubble wrap which I refused to do. I had another freezer from somewhere else delivered before the other one was collected so I kept the packaging from that. when they collected it they did not want to use the packaging I had so I took plenty of photos showing that there was no damage. I also took a video of them man handling it into the van with no tail lift. I did eventually get a full refund

tt2505

Okell said:

tt2505 said:

eskbanker said:

The company can't insist on original packaging as such - your legal obligation when rejecting is to make the item available for collection (at their expense unless otherwise agreed), but you'd be expected to package it up in some form in order for a courier to pick it up.

See paragraphs 7 and 8 at https://www.legislation.gov.uk/ukpga/2015/15/section/20

This assumes that the company is covered by UK consumer protection legislation - who is it?

Thank you eskbanker 
The website is Efurn
Where can we get packaging from? 

I honestly thought that PayPal would get them to collect it, I was flabbergasted when I read the email this morning!

It might help if you point out to efurn that (as @eskbanker has already said) the Consumer Rights Act 2015 does not allow them to insist that you use the original packaging.

As s20(8) also says that the seller must bear the reasonable cost of returning damaged goods, I'd suggest you tell efurn either to supply you with what they consider to be suitable packaging, or to tell you what packaging to use and where to buy it from.  Remind them that they will be paying for the return and the packaging

NB  -  You have explained to efurn that the item is damaged and you aren't retruning for a change of mind?

Thank you so much, @Okell I’ve sent them this:
Hello again,

I’ve taken further advice on this matter.

Please see paragraphs 7 & 8 on the following

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

The consumer rights act does not allow you as a company to insist that we use the original packaging & also as ‘s20(8)’ the seller must bear the reasonable cost of returning the damaged goods. 

So basically you must either provide the packaging or suggest where we buy it from for you to refund the cost.

As I stated earlier, I am happy to receive a replacement provided it’s delivered & unpacked for inspection & fully assembled (as described on your website).

I await your response & your decision on this return.

tetrarch

tt2505 said:

Okell said:

tt2505 said:

eskbanker said:

The company can't insist on original packaging as such - your legal obligation when rejecting is to make the item available for collection (at their expense unless otherwise agreed), but you'd be expected to package it up in some form in order for a courier to pick it up.

See paragraphs 7 and 8 at https://www.legislation.gov.uk/ukpga/2015/15/section/20

This assumes that the company is covered by UK consumer protection legislation - who is it?

Thank you eskbanker 
The website is Efurn
Where can we get packaging from? 

I honestly thought that PayPal would get them to collect it, I was flabbergasted when I read the email this morning!

It might help if you point out to efurn that (as @eskbanker has already said) the Consumer Rights Act 2015 does not allow them to insist that you use the original packaging.

As s20(8) also says that the seller must bear the reasonable cost of returning damaged goods, I'd suggest you tell efurn either to supply you with what they consider to be suitable packaging, or to tell you what packaging to use and where to buy it from.  Remind them that they will be paying for the return and the packaging

NB  -  You have explained to efurn that the item is damaged and you aren't retruning for a change of mind?

Thank you so much, @Okell I’ve sent them this:
Hello again,

I’ve taken further advice on this matter.

Please see paragraphs 7 & 8 on the following

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

The consumer rights act does not allow you as a company to insist that we use the original packaging & also as ‘s20(8)’ the seller must bear the reasonable cost of returning the damaged goods. 

So basically you must either provide the packaging or suggest where we buy it from for you to refund the cost.

As I stated earlier, I am happy to receive a replacement provided it’s delivered & unpacked for inspection & fully assembled (as described on your website).

I await your response & your decision on this return.

 Isn't a nice neat solution right there in your preferred solution?

Why cannot the replacement be delivered and the original returned in that new packaging? This would surely be the optimal solution from a cost point-of-view

Regards

Tet

tt2505

Exactly @tetrarch keeping my fingers crossed that they see sense 🤞

tt2505

More help please 🙏 
what do I do now, Efurn have not responded to my emails & Paypal won’t budge!
Do I start the process of small claims court?
I just can’t believe that the company can get away with supplying faulty goods with no comeback 😳