f1_fan

iTrader: (9)

I purchased an item for my car that was mis-manufactured. It's been nothing but hassle trying to get a refund, but finally I have been refunded, however the vendor has not reimbursed me for my courier fees for returning the goods to them (£113). They have also not reimbursed my original delivery charge for the goods being sent to me, just the price of the item itself.

What is the legal position on this? They have been a pain so I am tempted to try and get these monies out of them via the small claims court if necessary, but am I 100% on a sound footing as don't want to get caught out by some clause that allows them to do this?

bioforger

iTrader: (1)

That clause for non reimbursement of delivery fees needs to exist in the small print of the invoice i believe for it to be valid. Maybe wrong though.

Lisawrx

iTrader: (1)

It would appear, they have to pick up the tab on returns

http://www.which.co.uk/consumer-righ...a-faulty-item-

Not sure on being reimbursed for delivery charges, but I would have thought, they should be responsible, given this is faulted. May be worth a bit of a better browse of that site linked above because it's quite good and easy to understand.

Because I only work in a shop, it's not something I've ever had to deal with personally. Although, I'm pretty sure we've refunded customer's delivery charges in the event of a problem when they've ordered online.

scunnered

iTrader: (1)

You are entitled to a refund of delivery charges only as long as you send it back by either the cheapest method or by a method approved by the seller.
You are covered for a full refund including delivery charges by the "Consumer contracts regulations" which replaced the distance selling regulations. You can find the wording of the law here;
https://www.gov.uk/government/upload...tions-2013.pdf

Here's a quote from the section relative to you;
) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader

vindaloo

In general distance selling ISTR delivery and returns would usually be at the customers expense. (Typically, buy T shirt, does't look quite the same in daylight, so return).

With faulty goods though, it would be SOGA, which basically means that they should leave you in your original position. i.e. having received operational goods or having all of your money back in your pocket.

f1_fan

iTrader: (9)

Thanks for the replies. I will have a good look at that link Lisa, thanks.

My problem is that the vendor did not approve the method of return as they basically would not communicate with me about it other than to keep telling me I was getting a refund 'tomorrow' and they would collect the goods after the refund.... trouble is this went on for two months with no refund.... so eventually I sent them an email telling them I was returning the goods and then did so a day or two later.

I then went for a Section 75 refund from my card issuer, but when they got wind of this they have issued a refund but minus the delivery charges and the cost of me sending it back.

I don't feel like leaving it there as the delivery cost was £110 and the return fee was £113 so I don't see why I should be out of pocket to the tune of £223 because they can't supply the product I ordered and their customer service subsequently has been pretty poor.

scunnered

iTrader: (1)

Contact them again telling them you will raise a small claims action if they don't immediately reimburse you. Give them a time limit to respond.
You'll probably find they will back down unless they think you're bluffing. You will definitely win as the law is firmly on your side. They will also have to refund your court costs.

Ant

curious, how big was this item for £110 delivery.

f1_fan

iTrader: (9)

Cheers, I wouldn't have sent the bloody thing back if the credit card people hadn't insisted on it.

Ah well.

f1_fan

iTrader: (9)

Carbon fibre two piece ground effect diffuser for AMG SL63 ... big item, two boxes, plus insurance for £1500.... easy £110 delivery.

Ant

crikey id kick off too, you're out of pocket £220 for their mistake/fu*k up.

PaulC72

it sounds like you had little choice but to send it back and you were also requested to be your card provider. It's not unreasonable to want / expect the delivery charges back and based on the £3 difference on the delivery it seem like the best return method was chosen meeting that part of the requirement.

It could be interesting in the small claims court as they would have to appear at the one near you where you file it so it'll be plenty of expense for them I imagine.

scubbay

iTrader: (61)

Just as a side note Ebay business sellers will also have to pay return postage on defective and or returned goods beginning next month. I guess it's to fall in line with law changes highlighted above.

Mog

If you file in the small claims court it wii be heard in the court nearest to the defendant.

gpssti4

iTrader: (6)

No, not if they are a business. They will have to travel to the claimants local court.