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    • ancientone
    • By ancientone 4th Jul 18, 1:35 PM
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    ancientone
    Wrong goods sent return problem
    • #1
    • 4th Jul 18, 1:35 PM
    Wrong goods sent return problem 4th Jul 18 at 1:35 PM
    I do hope someone can advise me. I bought an item from a supplier through Amazon and the wrong item was sent. I have been advised to send it back for a refund but I am disabled and ill at the momnt with heart and breathing problems and cannot get to the Post Office and have no-one to go for me.


    A return taxi fare is £15 which I cannot afford but neither can I afford to lose the £25 for the item which I need. It may seem a small amount to some but not to me.


    I am in great distress about this and don't know what to do. I have contacted Amazon and they have said to return the item but no-one is listening when I say that is a physical impossibility for me.


    What are my rights in this matter? Can anyone advise. I can't see anything in the Consumer legislation that covers this issue.
Page 1
    • marliepanda
    • By marliepanda 4th Jul 18, 2:08 PM
    • 6,887 Posts
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    marliepanda
    • #2
    • 4th Jul 18, 2:08 PM
    • #2
    • 4th Jul 18, 2:08 PM
    Ask Amazon to organise a courier to collect the item.
    • lammy82
    • By lammy82 4th Jul 18, 4:27 PM
    • 379 Posts
    • 356 Thanks
    lammy82
    • #3
    • 4th Jul 18, 4:27 PM
    • #3
    • 4th Jul 18, 4:27 PM
    If Amazon won't send a courier to collect it, get a quote from https://www.parcelhero.com and look at the 'Economy Delivery' section. The cheapest price is likely to be with Hermes. They will collect from your home.

    Careful not to select the 'Drop off services' as this will mean taking the parcel to a local drop-off point.
    • marliepanda
    • By marliepanda 4th Jul 18, 4:29 PM
    • 6,887 Posts
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    marliepanda
    • #4
    • 4th Jul 18, 4:29 PM
    • #4
    • 4th Jul 18, 4:29 PM
    If Amazon won't send a courier to collect it, get a quote from https://www.parcelhero.com and look at the 'Economy Delivery' section. The cheapest price is likely to be with Hermes. They will collect from your home.

    Careful not to select the 'Drop off services' as this will mean taking the parcel to a local drop-off point.
    Originally posted by lammy82
    In fact I just went to organise a return to Amazon and 'Hermes pickup' is an option
    • lammy82
    • By lammy82 4th Jul 18, 4:31 PM
    • 379 Posts
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    lammy82
    • #5
    • 4th Jul 18, 4:31 PM
    • #5
    • 4th Jul 18, 4:31 PM
    Sorry, that's an alternative solution rather than advice on your rights. From a rights perspective I don't think they are required to come and collect the goods. It's your responsibility to get them back to the seller to get your refund.
    • DoaM
    • By DoaM 4th Jul 18, 4:33 PM
    • 5,308 Posts
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    DoaM
    • #6
    • 4th Jul 18, 4:33 PM
    • #6
    • 4th Jul 18, 4:33 PM
    Sorry, that's an alternative solution rather than advice on your rights. From a rights perspective I don't think they are required to come and collect the goods. It's your responsibility to get them back to the seller to get your refund.
    Originally posted by lammy82
    Sorry but that is incorrect (as I understand things). If the goods don't conform to contract then it is the SELLER'S obligation to organise (if the consumer requires as such) and pay for the return of the goods.

    OP - follow the advice in post #4 and see if Hermes pickup is an option for you.
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    • Carrot007
    • By Carrot007 4th Jul 18, 4:49 PM
    • 1,716 Posts
    • 1,455 Thanks
    Carrot007
    • #7
    • 4th Jul 18, 4:49 PM
    • #7
    • 4th Jul 18, 4:49 PM
    I think most people here are assuming this is a purchase from amazon who will give you multiple options easily.


    It sounds more like a third party. As such as long as they are paying for the return they can dictate how and going to a PO is reasonable. Your illness does not form part of the contract unless you made the seller aware and asked for different terms before purchasing (which I'm sure would have been rejected).


    Do you not know anyone you can take it for you OP? Are they paying for the return?
    • macman
    • By macman 4th Jul 18, 7:00 PM
    • 42,788 Posts
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    macman
    • #8
    • 4th Jul 18, 7:00 PM
    • #8
    • 4th Jul 18, 7:00 PM
    As above. See the OP's first post: it's clearly an Amazon Marketplace purchase, so the return options are those offered by the retailer, not by Amazon.
    OP needs to post the name of the supplier so we can check the return options to see if there is a pick up option.
    Otherwise a service like Collect+ door to door might be cheapest-certainly less than the taxi fare.
    No free lunch, and no free laptop
    • ancientone
    • By ancientone 8th Jul 18, 2:31 PM
    • 8 Posts
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    ancientone
    • #9
    • 8th Jul 18, 2:31 PM
    • #9
    • 8th Jul 18, 2:31 PM
    Thanks for the advice. I looked up the link you gave and the cost would be about £4.00 and the seller has said they will only accept returns through the Post Office so won't refund the cost.
    • ancientone
    • By ancientone 8th Jul 18, 2:38 PM
    • 8 Posts
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    ancientone
    I rather suspected that I had no rights under the law for the goods to be collected but saying it is my responsibility to return them is throwing the onus on to me, the consumer when the fault lies with the seller.

    What sort of consumer protection is that? Sorry, not getting at you personally just the situation!
    • ancientone
    • By ancientone 8th Jul 18, 3:17 PM
    • 8 Posts
    • 0 Thanks
    ancientone
    Unfortunately when I went into the Return option on Amazon it said the goods weren't eligible for return due to the packaging, although I can't see why. That's when I contacted Amazon directly.

    It looks as if my only route is if Amazon comes up with something otherwise I'm £25 out of pocket. Another of the many expenses involved in being disabled!
    • ancientone
    • By ancientone 8th Jul 18, 3:20 PM
    • 8 Posts
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    ancientone
    I have checked the seller's website and their returns policy is Post Office only otherwise they won't pay postage costs.
    • custardy
    • By custardy 8th Jul 18, 3:30 PM
    • 34,142 Posts
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    custardy
    I have checked the seller's website and their returns policy is Post Office only otherwise they won't pay postage costs.
    Originally posted by ancientone
    Right so you would be £4 'down' with a courier.
    • unholyangel
    • By unholyangel 8th Jul 18, 3:58 PM
    • 12,996 Posts
    • 10,305 Thanks
    unholyangel
    Unless you agreed at the time of entering the contract to return rejected goods then your only obligation is to make them available for collection & take reasonable care of them.

    (7)From the time when the right is exercised—
    (a)the trader has a duty to give the consumer a refund, subject to subsection (18), and
    (b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.


    (8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.
    Even if you have agreed to return rejected goods, they're in breach of contract and therefore are liable for all reasonable costs incurred. If you did agree to return, remind them of this and whether they feel confident that a court would agree return courier costs were not reasonable.

    If you haven't agree to return rejected goods then remind them that it is their responsibility to collect under the Consumer Rights Act.
    Money doesn't solve poverty.....it creates it.
    • rhinestonemaiden
    • By rhinestonemaiden 9th Jul 18, 10:32 AM
    • 73 Posts
    • 37 Thanks
    rhinestonemaiden
    What a lot of nonsense people have posted on here (apart from Ancientone and Lammy82)!
    Ancientone's consumer rights totally protect him/her. Probably no other country in the world has as much consumer protection as the UK does! First off, these are not "rejected goods" so the law on those does not apply. These are wrongly delivered unsolicited goods. Ancientone is disabled, but even if he or she were not disabled, he/she would not have to do a thing, would not even have to wait for a free courier, just dispose of the goods as he/she wishes. Ancientone, what you do is demand that the supplier sends the correct goods to you asap, and ask for compensation for the inconvenience. I hope you paid by credit card as you can then go to your credit card provider and complain about the supplier to get your money back plus compensation for distress, time wasted and a refund of the £25 you spent. You can do all this without moving from your chair. Make sure everything is in writing, email or letter, do not speak on the phone while the dispute is ongoing, only speak after the dispute has been resolved in writing. Copy your emails to Amazon so that if the retailer does not behave, they will know and that retailer will not be trusted. It's the retailer's entire fault for sending the wrong item which was not ordered. Everything you write copy in to Amazon and your credit card/debit card provider.
    • DoaM
    • By DoaM 9th Jul 18, 10:49 AM
    • 5,308 Posts
    • 5,210 Thanks
    DoaM
    What a lot of nonsense people have posted on here (apart from Ancientone and Lammy82)!
    Ancientone's consumer rights totally protect him/her. Probably no other country in the world has as much consumer protection as the UK does! First off, these are not "rejected goods" so the law on those does not apply. These are wrongly delivered unsolicited goods. Ancientone is disabled, but even if he or she were not disabled, he/she would not have to do a thing, would not even have to wait for a free courier, just dispose of the goods as he/she wishes. Ancientone, what you do is demand that the supplier sends the correct goods to you asap, and ask for compensation for the inconvenience. I hope you paid by credit card as you can then go to your credit card provider and complain about the supplier to get your money back plus compensation for distress, time wasted and a refund of the £25 you spent. You can do all this without moving from your chair. Make sure everything is in writing, email or letter, do not speak on the phone while the dispute is ongoing, only speak after the dispute has been resolved in writing. Copy your emails to Amazon so that if the retailer does not behave, they will know and that retailer will not be trusted. It's the retailer's entire fault for sending the wrong item which was not ordered. Everything you write copy in to Amazon and your credit card/debit card provider.
    Originally posted by rhinestonemaiden
    Oh dear ... quoted for posterity.

    I suggest you quietly bow out from this board as you clearly have no idea what you're talking about.
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    Walk the line again today
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    • ThumbRemote
    • By ThumbRemote 9th Jul 18, 10:53 AM
    • 3,931 Posts
    • 4,992 Thanks
    ThumbRemote
    It sounds more like a third party. As such as long as they are paying for the return they can dictate how and going to a PO is reasonable. Your illness does not form part of the contract unless you made the seller aware and asked for different terms before purchasing (which I'm sure would have been rejected).
    Originally posted by Carrot007
    I would suspect that a returns policy requiring you to travel to a post office is actually a breach of the Equality Act, and in fact the retailer should be expected to take reasonable steps to accept returns from other couriers.
    • custardy
    • By custardy 9th Jul 18, 3:15 PM
    • 34,142 Posts
    • 29,019 Thanks
    custardy
    I would suspect that a returns policy requiring you to travel to a post office is actually a breach of the Equality Act, and in fact the retailer should be expected to take reasonable steps to accept returns from other couriers.
    Originally posted by ThumbRemote
    They do accept them,they dont however cover the costs.
    I would query this given its a wrong item supplied order.
    • Greta Sharbo
    • By Greta Sharbo 9th Jul 18, 9:23 PM
    • 261 Posts
    • 250 Thanks
    Greta Sharbo
    What a lot of nonsense people have posted on here (apart from Ancientone and Lammy82)!
    Ancientone's consumer rights totally protect him/her. Probably no other country in the world has as much consumer protection as the UK does! First off, these are not "rejected goods" so the law on those does not apply. These are wrongly delivered unsolicited goods. Ancientone is disabled, but even if he or she were not disabled, he/she would not have to do a thing, would not even have to wait for a free courier, just dispose of the goods as he/she wishes. Ancientone, what you do is demand that the supplier sends the correct goods to you asap, and ask for compensation for the inconvenience. I hope you paid by credit card as you can then go to your credit card provider and complain about the supplier to get your money back plus compensation for distress, time wasted and a refund of the £25 you spent. You can do all this without moving from your chair. Make sure everything is in writing, email or letter, do not speak on the phone while the dispute is ongoing, only speak after the dispute has been resolved in writing. Copy your emails to Amazon so that if the retailer does not behave, they will know and that retailer will not be trusted. It's the retailer's entire fault for sending the wrong item which was not ordered. Everything you write copy in to Amazon and your credit card/debit card provider.
    Originally posted by rhinestonemaiden
    What is your obsession with unsolicited goods?
    • ancientone
    • By ancientone 12th Jul 18, 5:16 PM
    • 8 Posts
    • 0 Thanks
    ancientone
    Thanks to all who have answered in the last few days. As has been pointed out these are not unsolicited goods, which gives me no right to keep them, but goods sent in error.


    I emailed the supplier yesterday, using a very reasonable tone, and asking if they would cover the cost of my rerurning the goods by courier. They have replied today saying 'No'.


    This is very unreasonable. They have sent me a Post Office label to reurn the goods and unless the Post Office is now providing a free service then they will have to pay when the label is used. The difference between that cost and the cost of a courier would be minimal and since the problem is of their making they should be prepared to cover the additional cost of £1 or so.


    I have looked at the Consumer Rights Act Section 20 (8) and it says:


    "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, "


    I consider my offer to return them by courier, arranged by me, is reasonable in the circumstances and I don''t believe the law allows a seller to dictate the method of return.


    I will see what response I get ans if unsatisfactory I will takw it through Amazon's complaints service.
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