Microwave refunded but NOT collected - Can I keep it?
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A couple things I'd advise caution on saying you plan to dispose of it if you're planning on selling. Its unnecessarily opening yourself up to claims of fraud & theft. Also I'm sure when this thread was started I checked asdas T&C's/ordering process and basically, they do advise you need to return the goods etc so OP has more than a duty to make it available for collection, they need to take active steps to return it (as per consumer contract regulations). If they dont return it within 14 days of notifying them of their intent to cancel (or whatever the time limit is on their own policy), the retailer may recharge the card and refuse to accept the return after that point - leaving OP with a microwave they dont want and have paid £97 for. So if I were OP, despite having my refund, I'd be heavily incentivised to ensure they get it one way or another. But I'm not OP so thats for OP to decide for themselves.
And lastly, OP if counter space is an issue for you, is wall brackets/mounting an option for you? I know you plan on sending the asda one back but could also wall mount whatever one you ordered in its place and still have more counter space
You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »... so OP has more than a duty to make it available for collection, they need to take active steps to return it (as per consumer contract regulations)...
Can you quote the appropriate paragraph? And is what you say (i.e. the bit I have quoted) true if the item was bought online (as I assumed)?0 -
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I haven't said the op can keep the microwave.Moneyineptitude wrote: »I refer you to the title of the thread...0 -
Can you quote the appropriate paragraph? And is what you say (i.e. the bit I have quoted) true if the item was bought online (as I assumed)?
Sure.
http://www.legislation.gov.uk/uksi/2013/3134/regulation/35/made35.—(1) Where a sales contract is cancelled under regulation 29(1), it is the trader’s responsibility to collect the goods if—
(a)the trader has offered to collect them, or
(b)in the case of an off-premises contract, the goods were delivered to the consumer’s home when the contract was entered into and could not, by their nature, normally be returned by post.
(2) If it is not the trader’s responsibility under paragraph (1) to collect the goods, the consumer must—
(a)send them back, or
(b)hand them over to the trader or to a person authorised by the trader to receive them.
The T&C's state this in relation to returning items:7.4 Storing items. You must take reasonable care of the items whilst they are in your possession and immediately stop using any item(s) which you have decided to return. When you return an item(s) please make sure that the item(s) is undamaged, in a sellable condition, and with all of its components including the original packaging. If you do not exercise reasonable care and the item(s) you are returning is damaged whilst in your possession, in transit or, in the case of flat packed furniture, if the item has been damaged by part-assembly, we reserve the right to reduce the amount of credit we give to you on refund. We therefore recommend that if you are returning the item(s) by post you use a service which insures you for the value of the item(s) you are returning.
7.6 Costs incurred in returning item. You will be responsible for the cost of returning the item(s) which is not damaged, faulty or mis-described.
7.9 How to return items to us. You can return items to us either by:
· taking your item(s)to any ASDA / ASDA Living store in the UK along with the delivery note you received in your parcel and the Debit / Credit card which you used to buy the items; or
· posting the item(s) together with the delivery note which you received in your parcel to the following address indicating which item(s) you are returning: ASDA George, PO Box 9564, Newark, NG24 9GF.
ETA: Sorry forgot the 2nd part of your post - yes that applies to online (distance) contracts.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »Sure.
http://www.legislation.gov.uk/uksi/2013/3134/regulation/35/made
The T&C's state this in relation to returning items:
Thanks for the reply.
So the legislation says:35 (1) Where a sales contract is cancelled under regulation 29(1), it is the trader’s responsibility to collect the goods if—
(a)..., or
(b)in the case of an off-premises contract, the goods were delivered to the consumer’s home when the contract was entered into and could not, by their nature, normally be returned by post.
I would say a 48 litre microwave could not, by its nature, normally be returned by post. Which would mean, if the goods were bought online and delivered to the op's home, that it was the trader's responsibility to collect the goods.0 -
Thanks for the reply.
So the legislation says:35 (1) Where a sales contract is cancelled under regulation 29(1), it is the trader’s responsibility to collect the goods if—
(a)..., or
(b)in the case of an off-premises contract, the goods were delivered to the consumer’s home when the contract was entered into and could not, by their nature, normally be returned by post.
I would say a 48 litre microwave could not, by its nature, normally be returned by post. Which would mean, if the goods were bought online and delivered to the op's home, that it was the trader's responsibility to collect the goods.
Its not an off-premises contract though.
Not unless asda have started selling door-to-door anyway.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »Its not an off-premises contract though.
Not unless asda have started selling door-to-door anyway.
True enough.
To the op: I would complain to Asda but take the oven back to a store.0 -
Update - and I'm sending a link to this to Asda and Yodel.
George @ Asda do not care about returns once they've got your money. So if you lose out because you're unable to take an unwanted item back to the store - tough luck to you.
Yodel are completely incompetent. I explained to George each time I made arranged a collection that no one would be home before 7pm yet Yodel turned up several hours early twice - and didn't bother to turn up at all another time.
George only seemed to bother when I told them that I had already been refunded and that all I was trying to do was to get an item returned that belonged to them.
Their customer service teams have given me fake numbers to call and they don't get back to me when they say they will.
I finally got my local Asda to take it back - though not before shelling out £12 for a trolley
George also promised me a £10 voucher before Christmas for the inconvenience - obviously this was only after I told them I had already been refunded for the microwave.
I then told my sister I'd give it to her to make up for the inconvenience of having a massive microwave in her hallway. Of course it hasn't been received... I ended up giving my sister the tenner myself.
Well they can keep it, but I am posting a link to this
So now I'm out £22 thanks to George @ Asda0
This discussion has been closed.
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