If a company delivers, are they obliged to collect?

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  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    Supersonos wrote: »
    So what if the gravel was incorrect? What if the trader made a mistake? Could they still insist I return it to them before they sent out the correct order?
    You had the answer to this in your first set of replies!
  • shaun_from_Africa
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    Am I missing something there? It states they are responsible for the cost of the return, where does it state the cost of return must be supplied?

    I’m sure such information was provided on the online terms and conditions.

    http://www.legislation.gov.uk/uksi/2013/3134/regulation/13/made
    Information to be provided before making a distance contract
    13.—(1) Before the consumer is bound by a distance contract, the trader—

    (a) must give or make available to the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and in a way appropriate to the means of distance communication used,
    Schedule 2
    http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made
    (m) where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;
  • LABMAN
    LABMAN Posts: 1,659 Forumite
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    How can the seller know how the buyer is going to return goods to be able to cost it. The seller doesn't get to chose how goods are returned.
  • shaun_from_Africa
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    LABMAN wrote: »
    How can the seller know how the buyer is going to return goods to be able to cost it. The seller doesn't get to chose how goods are returned.

    As far as the legislation is concerned, it doesn't matter what the seller knows about the buyer's intentions.
    There are very few ways to transport a bulk bag of aggregate that probably weighs close to a ton so it shouldn't be difficult for the seller to be able to give a rough estimate of the return cost especially as they will be dealing with the loading and delivery of these products all the time.
    Even if they were to give the estimated cost from only one method (such as a private haulage company), this would satisfy their obligations under the CCR's.
  • [Deleted User]
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    Which company did you buy the gravel from?
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    I’m still missing it, it says reasonabl costs. Not the seller must inform them of the cost before they purchase.
  • Supersonos
    Supersonos Posts: 1,080 Forumite
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    Which company did you buy the gravel from?

    I bought it from a company advertising through eBay (big mistake).

    On the listing it says "Returns:14 days refund, buyer pays return postage | See details"

    The details are here: http://pages.ebay.co.uk/safetycentre/rights.html#change

    I can't find anywhere that says what happens when you change your mind but can't pop it in the post.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    I’m still missing it, it says reasonabl costs. Not the seller must inform them of the cost before they purchase.

    What says reasonable costs?

    Read what both shaun & I quoted. It says the information needs to be provided before the consumer is bound by the contract (ie before it is formed/entered into).

    Also to note that the retailer must provide confirmation in a durable medium (in addition to providing the information before the consumer is bound) no later than when the goods are delivered. Websites are not durable.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Exactly what I meant in my last post. Consumers having far too many rights.

    If traders don't like it, they can always comply with their legal obligations which would then remove that right from the consumer.

    Its essentially a liability of their own making.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    What says reasonable costs?

    Read what both shaun & I quoted. It says the information needs to be provided before the consumer is bound by the contract (ie before it is formed/entered into).

    Also to note that the retailer must provide confirmation in a durable medium (in addition to providing the information before the consumer is bound) no later than when the goods are delivered. Websites are not durable.

    Ultimately whatever a judge would decide reasonable, but you agree the legislation doesn’t say.
    Because the goods can't be returned by normal post, they were under an obligation to tell you how much it would cost to return the goods before you were bound by the contract. They don't seem to have done this therefore they would be liable for the return costs.

    Of course getting them to agree that they're liable is another matter.
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