If a company delivers, are they obliged to collect?
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Supersonos
Posts: 1,080 Forumite
Let's say I order something online that needs specialised delivery - a couple of tonnes of gravel for example.
The company offers free delivery and turns up with their lorry and its special hydraulic arm to lower the ton bags of gravel onto my driveway.
Then, for whatever reason, I want to return it (maybe it's the wrong type of gravel or I've ordered too much or something) and the company agrees I can do so to get a refund. Clearly I can't just pop a couple of tonnes of gravel in the post and I don't have the necessary lorry to return it to them.
Does the trader have some sort of legal obligation to collect the gravel? Or is it up to me to obtain an HGV licence and hire a lorry? Or find some third party with the necessary expertise and tools to return the gravel?
The company offers free delivery and turns up with their lorry and its special hydraulic arm to lower the ton bags of gravel onto my driveway.
Then, for whatever reason, I want to return it (maybe it's the wrong type of gravel or I've ordered too much or something) and the company agrees I can do so to get a refund. Clearly I can't just pop a couple of tonnes of gravel in the post and I don't have the necessary lorry to return it to them.
Does the trader have some sort of legal obligation to collect the gravel? Or is it up to me to obtain an HGV licence and hire a lorry? Or find some third party with the necessary expertise and tools to return the gravel?
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Comments
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Check the return T&Cs before ordering would be my suggestion.0
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I'm talking about a legal obligation.
I know distance selling means you're able to change your mind and return things, and I know if it's faulty the trader needs to cover the cost of returning the goods, but can a company legally deliver something and then leave you to work out how to return it?0 -
Only if it’s their mistake in delivering the wrong type or too much.0
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Supersonos wrote: »I'm talking about a legal obligation.
I know distance selling means you're able to change your mind and return things, and I know if it's faulty the trader needs to cover the cost of returning the goods, but can a company legally deliver something and then leave you to work out how to return it?
Check the T&C's in regards to the return delivery.
As it stands, you can reject (as in you no longer want it. Faulty etc has different rules) the item, however it's up to you to return it at your own cost unless their T&C's are more favourable. You would be able to get the initial delivery cost refunded.0 -
powerful_Rogue wrote: »Check the T&C's in regards to the return delivery.
As it stands, you can reject (as in you no longer want it. Faulty etc has different rules) the item, however it's up to you to return it at your own cost unless their T&C's are more favourable. You would be able to get the initial delivery cost refunded.
Ok - this is interesting. I wondered if they had to collect the goods (with their special lorry) and then maybe refund me an amount minus the cost of them collecting it. Seems harsh making me work out how to return it when they delivered it.
The T&Cs simply say I have to pay the return postage. But you'd think that would apply only to things you can post...0 -
If it's a change of mind then no, they have no obligation to arrange the collection, even if it was an online purchase. If, however, the goods were not as described, or otherwise don't conform to contract then yes, they do have an obligation to cover the costs of getting the goods back to them.Supersonos wrote: »I'm talking about a legal obligation.
I know distance selling means you're able to change your mind and return things, and I know if it's faulty the trader needs to cover the cost of returning the goods, but can a company legally deliver something and then leave you to work out how to return it?0 -
Seems harsh in expecting them to collect something when you've made a mistake or changed your mind.Supersonos wrote: »Ok - this is interesting. I wondered if they had to collect the goods (with their special lorry) and then maybe refund me an amount minus the cost of them collecting it. Seems harsh making me work out how to return it when they delivered it.
The T&Cs simply say I have to pay the return postage. But you'd think that would apply only to things you can post...0 -
powerful_Rogue wrote: »Check the T&C's in regards to the return delivery.
As it stands, you can reject (as in you no longer want it. Faulty etc has different rules) the item, however it's up to you to return it at your own cost unless their T&C's are more favourable. You would be able to get the initial delivery cost refunded.
Other way around. The cost of the return falls on the retailer as the default rule unless they have complied with CCRs and provided the necessary information - that they will be responsible for the return costs and if the goods can't normally be returned by post then they also need to advise how much it will cost to return the goods.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
So I made a mistake. The gravel is larger than I expected and didn't look as big in the photos on their website. But it's my fault, I should've double-checked or asked for a sample or something, so I'm happy for me to be out of pocket (although, to check, because it was delivered "free" they can't now charge me for the original costs they incurred delivering it, can they?)
They're not quibbling the refund and not trying to charge me re-stocking fees etc., but it's like they're holding my refund to ransom. I simply can't work out how to return two tonnes of gravel to some place near Birmingham.
Clearly Royal Mail isn't an option. I've tried DHL and they said no (obvs). I phoned a few man-and-van people but they don't have the means to get the bags into their vans and think they might not both fit anyway. Ive tried a couple of lorry companies but they said I wasn't a trade customer and they don't do that sort of thing.
I'm just suprised that a company can sell something online that needs specialised delivery, deliver it to me, but then just refuse to collect it - even for a charge. They're not even saying that they'll collect it next time they're in the area.
What's the point in laws about distance selling and refunds if sellers can put obstacles in the way of you actually obtaining a refund?unholyangel wrote: »Other way around. The cost of the return falls on the retailer as the default rule unless they have complied with CCRs and provided the necessary information - that they will be responsible for the return costs and if the goods can't normally be returned by post then they also need to advise how much it will cost to return the goods.
Are you saying they should be collecting it? I don't really understand your post.0 -
Supersonos wrote: »So I made a mistake. The gravel is larger than I expected and didn't look as big in the photos on their website. But it's my fault, I should've double-checked or asked for a sample or something, so I'm happy for me to be out of pocket (although, to check, because it was delivered "free" they can't now charge me for the original costs they incurred delivering it, can they?)
They're not quibbling the refund and not trying to charge me re-stocking fees etc., but it's like they're holding my refund to ransom. I simply can't work out how to return two tonnes of gravel to some place near Birmingham.
Clearly Royal Mail isn't an option. I've tried DHL and they said no (obvs). I phoned a few man-and-van people but they don't have the means to get the bags into their vans and think they might not both fit anyway. Ive tried a couple of lorry companies but they said I wasn't a trade customer and they don't do that sort of thing.
I'm just suprised that a company can sell something online that needs specialised delivery, deliver it to me, but then just refuse to collect it - even for a charge. They're not even saying that they'll collect it next time they're in the area.
What's the point in laws about distance selling and refunds if sellers can put obstacles in the way of you actually obtaining a refund?
Are you saying they should be collecting it? I don't really understand your post.
No they are saying if the company should collect if their T&Cs don’t comply with the regs, which is unlikely to be the case.
Why not advertise the surplus bags on something like Gumtree, I am sure there are plenty of DIYers local to you looking for some cheap gravel.0
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