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Multiple items I want to return them all.
GrahamLM52
Posts: 93 Forumite
I purchased four bed protectors from an on-line bedding store. They arrived today. On opening I found it was marked with orange marks (make up? rust?). I have not opened the other three, but one clearly as a thick black hair on it. I've contact the supplier and they are bring difficult. I asked for a full refund and they are asking me to send back just the faulty one at my cost but won't accept that I want to send them all back at thier cost.
What rights do I have? Of four itesms, one is clearly faulty and one is not of satisfactory quality. The orher two MIGHT be ok, but I want to return all of them.
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You have no statutory rights unless items are damaged/not fit for purpose, what does their website say?"You've been reading SOS when it's just your clock reading 5:05 "0
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Assuming the purchase is from a UK business, OP has the statutory right to cancel the contract for a full refund, without needing to give any reason for doing so, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:sammyjammy said:You have no statutory rights unless items are damaged/not fit for purpose, what does their website say?
https://www.legislation.gov.uk/uksi/2013/3134/part/30 -
So many things wrong with this statement....sammyjammy said:You have no statutory rights unless items are damaged/not fit for purpose, what does their website say?
OP simply tell them you are exercising the short term right to reject in accordance with the Consumer Rights Act, point them to the below regarding satisfactory quality. Regarding returning all 4 of them them, guidance notes below explain this is permitted.
If the retailer still won't play ball, talk to your bank about a chargeback.
There are two avenues, if the retailer's terms agree to have rejected goods back and they aren't abiding by their own terms, contact your bank, advise them of such and request a chargeback without a return.
The second, if the retailer's terms aren't being breached by the retailer, return the goods Royal Mail Tracked 24/48 (or Special Delivery if over around £80):
https://send.royalmail.com/send/youritem?country=GBR&format&weight=&weightUnit=G
and then file the chargeback for not as described.
(Chargebacks are in addition to consumer rights but may be the easiest option for you even if you end up losing the return postage, small parcel Tracked 48 is only £3.55).
If you end up with a chargeback without return, contact the retailer to tell them the goods are awaiting their collection.
Just to add OP, if these items were over £100 each and you paid on credit Section 75 will apply meaning the credit provider is jointly liable for acting in accordance with the Consumer Rights Act.
https://www.legislation.gov.uk/ukpga/2015/15/section/9(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—(a)fitness for all the purposes for which goods of that kind are usually supplied;(b)appearance and finish;(c)freedom from minor defects;(d)safety;(e)durability.
https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/3122.This section clarifies the consumer’s rights around partial rejection of goods. If the consumer has the right to reject the goods because some or all of them do not conform to the contract then the consumer can reject some or all of them. If the consumer rejects only some of the goods they cannot reject any of the goods which do conform to the contract. That is, the consumer can:reject all of the goods (conforming and non-conforming);reject all of the non-conforming goods (but none of the conforming goods); orreject some of the non-conforming goods (and keep some of the non-conforming goods and all of the conforming goods).In the game of chess you can never let your adversary see your pieces0 -
giving the company name would be a help.0
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Many thanks for the advice. The supplier's T&C's seem to me to contradict themselves "The consumer is responsible for the return and related costs unless the product was defective or wrong; in that case, we will have a pre-paid returns tag for faulty goods - please note that YorkshireBedding will not refund return shipping fees."0
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You are quite obviously wrongsammyjammy said:You have no statutory rights unless items are damaged/not fit for purpose, what does their website say?0 -
Makes me chuckle. Since when has Brimingham been in Yorkshire
Unit 4 Manthar Estate, 269 Wellington road, Handsworth, Birmingham, England, B20 2QQLife in the slow lane2
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