Returning Unwanted Gravel

hermit90_2

Hi

I'm not sure if this is the correct area to post this or not.

Last week I bought 3 No. 1 tonne bags of gravel for my driveway. Unfortunately I am an idiot and ordered the wrong stuff. The builder’s merchants are refusing to take it back as they are saying it was special order, although they didn't inform me of this when I ordered it. Anyway, as I ordered this over the phone, do I have any legal rights in terms of the distance selling regulations, or should I just accept that I am stuck with 3 tonne of gravel which I don't want?

Many Thanks.

adaze

Normally it says on the side of the bags non returnable.... I would have thought the delivery sheet that you signed would have some kind of disclaimer on it to the tune of "I am happy with the product and the product quality". I would say you are stuck with it, though you should be able to shift it from an advert, might make a loss though....

hermit90_2

Does it help that I haven't had any paperwork from them, i.e. a receipt or delivery note?

Thanks

Bob63

Did they really special order the gravel? I suspect if you go down to their yard you would see tonnes of the stuff lying around. Anyway, according to the distance selling regulations they have no exemption on special order stuff, only on "supply of goods made to the consumer’s own specification".

As for distance selling regulations (your right to return the goods for any reason within 7 days of receipt) they only apply if the company's telephone ordering service is organised and publicised. OFT guidelines state "If you normally do business with consumers face-to-face, the DSRs are unlikely to apply to an occasional order that you take in these ways. However, if the contract is concluded by distance means under an ’organised distance sales or service provision scheme’ then the DSRs are likely to apply." I suspect the builders yard could argue this, but my suspicion is that they do most of their bulk business by receiving faxes, emails and telephone calls - even though most of these will be from other businesses and therefore not protected by distance selling regulations. In this case I would say that you are protected.

This booklet is really useful - www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

adaze

hermit90 wrote: »

Does it help that I haven't had any paperwork from them, i.e. a receipt or delivery note?

Thanks

Did they not make you sign anything? Or even give you a delivery ticket? They could have shot them selves in the foot with that, how can they prove they delivered it to you and that you accepted the delivery (asides from the probably rather obvious amount of gravel in your garden )

plumb1_2

Dont think you will have any joy under DSR, when they ask you to return the full bags for a refund.
You have admitted you ordered in error, the best thing to do imo, is call into their yard and do a deal, order the correct stone on the premis that they give you a refund full/part on the incorect ordered stone.
With the large range of different stones most dont have the full range instock, only have 3-4. Any will have to order a special delivery for you.

If you want to play hardball with them, i would expect to see SNOW on the bags before its sorted out. Life's to short, go in admit your mistake and appeal to their better nature.

plumb1_2

adaze wrote: »

Did they not make you sign anything? Or even give you a delivery ticket? They could have shot them selves in the foot with that, how can they prove they delivered it to you and that you accepted the delivery (asides from the probably rather obvious amount of gravel in your garden )

They usualy leave the ticket ontop of the bag, weighted down with stones etc.
How can they prove????????????? I think 3 tonne bags in the driveway is a clue.:D

phill99

There seems a common miplaced belief that shops have to take goods back regardless. Not withstanding DSR, the Sale of Goods Act comes in to play here. I always thought that you only had the right to a refund etc if the goods were not fit for purpose, damaged etc. Evidently, they are fit for purpose. The fact that you ordered the wrong stuff is down to you. I would side withy the retailer and say "Tough"

woodbutcher_2

Have to agree with Phill99.

maninthestreet

Souunds like you made a grave-l mistake.

Bob63

phill99 wrote: »

There seems a common miplaced belief that shops have to take goods back regardless. Not withstanding DSR, the Sale of Goods Act comes in to play here. I always thought that you only had the right to a refund etc if the goods were not fit for purpose, damaged etc. Evidently, they are fit for purpose. The fact that you ordered the wrong stuff is down to you. I would side withy the retailer and say "Tough"

I agree about shops and traditional walk-in purchases, but this looks like a distance purchase and therefore the goods can be returned for any reason under the DSR right to cancel.