sending faulty item back. who pays postage?

[dac69er]

bought an item for my bike off a respectable company and after a month it developed a fault. has a 6 month guarantee so contacted them and they wanted pictures. sent them pictures. then they said they had to contact their distributors. finally got an answer and they said to return it for a replacement, bit drawn out, but fair enough.

i said i had no way of removing the part and supporting the bike safely so could they send the replacement first then i will return the faulty one. i argued for a bit but wasnt getting anywhere so just agreed to send it back.

my question is; who should legally pay for the return postage from myself back to the company? is it me or would it be the seller who supplied me with a faulty item?

 

[Texx]

You pay for postage. It's your responsibility to return the item to the place you purchased it from, it's not their fault you don't live locally.

 

[gv1.3]

agree with Terry

 

[dac69er]

ok, just didnt know my rights when it came to that. didnt want to go demanding they pay postage if i really shouldnt.

just didnt know if it was there responsibility as it was them who sold me the item with the warranty so didnt know if they should cover the total cost for a replacement!?

 

[Texx]

If you bought something from Tesco for example and it went wrong, you wouldn't expect them to cover your bus fare or fuel cost to drive back there to return it? It's the same principle.

 

[dac69er]

just had a chat with someone and they pointed me towards the distance selling regs. this states that the seller has to pay return postage if an item is returned for a refund, replacement or repair within the warranty period.

 

[steo800]

was the item bought through the internet?

there is a slightly different set of laws for internet selling, check them up and see.

whereas if you asked for it to be shipped and they obliged, or you walked into their store/shop/premises to buy it, its up to you to organise the return and re ship

ive had to return a couple things before because of things that were not my fault, and i didnt pay for postage

 

[dac69er]

it was off the internet. but have also spoken to them over the phone as they are useless and slow at responding to emails.

i have proof of postage with the cost on it so i will ring them tomorrow and ask for a refund of that amount as well as the replacement part and see what they say. i can kind of see why they are a bit wary of just sending parts out due to the type of people they cater for, but im not that happy with the way they have dealt with it so far. has been a bit of a ballache.

 

[Texx]

I'm not sure how the distance selling regulations apply with regards to return postage costs after the cooling off period has expired, however you will still have consumer rights under the Sale of Goods Act. It may be worth sending a PM to Starlet_Sam as he's had some experience with distance selling and sale of goods regulations.


Sale of Goods Act 1979

[F38PART 5A
ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES


48A Introductory

 
(1)This section applies if—

(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b)the goods do not conform to the contract of sale at the time of delivery.

(2)If this section applies, the buyer has the right—

(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b)under and in accordance with section 48C below—

(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii)to rescind the contract with regard to the goods in question.

(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

(4)Subsection (3) above does not apply if—

(a)it is established that the goods did so conform at that date;

(b)its application is incompatible with the nature of the goods or the nature of the lack of conformity.



48B Repair or replacement of the goods

 
(1)If section 48A above applies, the buyer may require the seller—

(a)to repair the goods, or

(b)to replace the goods.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—

(a)impossible, or

(b)disproportionate in comparison to the other of those remedies, or

(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—

(a)the value which the goods would have if they conformed to the contract of sale,

(b)the significance of the lack of conformity, and

(c)whether the other remedy could be effected without significant inconvenience to the buyer.

(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—

(a)the nature of the goods, and

(b)the purpose for which the goods were acquired.

 

[Paul_JJ]

If you bought something from Tesco for example and it went wrong, you wouldn't expect them to cover your bus fare or fuel cost to drive back there to return it? It's the same principle.

Many respectable companies who deal online will pay for your postage or arrange a pick up IF it's their fault... Had this with the camskill for example - and that wasn't an oil filter - it was a set of the shock absorbers -))))))

But if bought online and paid by a credit card and you can't get a refund for example - ring your credit card company explain the situation and they will refund you in full with no questions asked!

 

[dac69er]

they have agreed to replace the faulty item with a brand new one as soon as they receive the faulty one. its just the postage side i was wondering about. its only £8 so nothing to loose sleep over. but due to it causing me an inconvenience i would have thought it would only be fair to refund me my extra costs, its not as though im asking for compensation or garage removal fees for it or anything like that.

 

[weeJohn]

You can take it to the petty sessions court to claim it back and if you can prove you were out of pocket due to the item breaking because it was sub standard. It will be up to the Judge but what you get and there are no appeals and there is a court cost for it being heard.

 

[dac69er]

im not that worried. just wondered if i was within my rights to demand payment for the postage costs i incurred. didnt get time to call them today so will give them a bell tomorrow.