Opinions please...........

[smokeysmoo]

I have a problem with an item I purchased recently from a relativley large on-line cycle store, but not one of the really big boys like Wiggle, CRC, Merlin, Ribble etc

Now they have confirmed the issue is covered by warranty and they obviously need me to return the item.

Here in lies my problem. I have weighed the package and it is going to be fairly expensive to send it back.

I have asked them for a pre-paid label, (they do them in certain circumstances), but they have refused.

My argument is that as they have agreed the item is covered by warranty I should not be out of pocket in anyway due the failure of the item.

I don't want a refund for the faulty item, I want them to exchange it, so they are retaining the sale as well.

There you have it. Am I right to expect free return P&P under these circumstances, or am I expecting too much?

Is this the price you pay for the benefit of saving money on-line? If so should I suck it up and just pay?

Not so much thoughts please, more fact based advise required please..............

 

[Peteaud]

I think that they have to meet the cost, as per distance selling regs.

 

[YahudaMoon]

The situation all depends on the terms and conditions of the agreement ? Id read the small print from when you purchased.

This is usually stated when you tick that little box before purchase.

Different companys have different terms Im sure ?

 

[NotthatJasonKenny]

Distance selling rules are something I deal with at work and whilst the comment above regarding their terms and conditions apply if a customer changes their mind, the law is very clear about faulty goods:

This is from google...


Return of goods following cancellation (Regulation 17)
Who pays for returning the goods if the consumer cancels
an order?

3.57

If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.

After the deadline for cancellation has passed, a consumer claims that goods are faulty or services do not conform to the contract. Do I have to refund the consumer’s money?

3.67

In general the DSRs do not affect the consumer’s rights under other legislation, for example the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982. If the goods or services do not conform to the contract and consumers exercise their rights to reject them, you will have to refund their money.

3.68

If goods develop a fault within the first six months of being sold, the law presumes that the fault was there when you sold the goods – unless you can show otherwise. You should not charge return costs for goods that have been rejected because they are faulty.

The above is from the OFT guide here http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf

I would contact the seller again, with this paragraph:

I wish to draw your attention to r.14(6) of the Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) Which specifically states that, where goods are returned as a right due to a breach of a term implied by statute (specifically s. 14 of the Sale of Goods Act 1979), the rights, given by r. 14(5), of a seller (yourselves) to require the buyer (myself) to bear the cost of a return is dis applied.

 

[RecordAceFromNew]

I would just send them a link of the OFT website, and telling them in writing to read the following para under Tab 11.

"In the case of faulty goods being returned because they are not fit for purpose do notmatch their description or are not of a satisfactory quality , the customer is entitled to claim the cost of postage from you or to request that you arrange collection of the item."

Since they have been unhelpful and unforthcoming, I would ask them to collect it which they are obliged to do. It will save you the time and trouble of posting it.

 

[Cubist]

Have you asked them whether they will cover the cost of return postage? so far you have asked them for a return label, which they have refused. Perhaps they would agree to refunding you the cost of the postage once you had sent it to them? A bit of dialogue goes a long way......

 

[ushills]

Been here before, send them an email saying you do not have to pay return postage and that you give them 5 days to reply. If they do not reply postiviely in 5 days get in touch with trading standards (CAB).
In my experience they will have an off-line chat with the retailer first and explain their obligations which usually results in a positive outcome.

 

[smokeysmoo]

Have you asked them whether they will cover the cost of return postage? so far you have asked them for a return label, which they have refused. Perhaps they would agree to refunding you the cost of the postage once you had sent it to them? A bit of dialogue goes a long way......

I have yes. They have refused to pay any return costs or reimburse any return costs. I sent my last email on Wednesday night informing them of the OFT regulations and I now appear to be getting ignored.

I plan to send another email tonight giving them 5 days to arrange collection. Why does life have to be so hard.

On the other hand I returned Miss S's Camelbak kids bottle to Wiggle with a split bite valve. Sadly they don't have them in stock but they refunded it on receipt and also refunded the retunr postage. Take note my other on-line retailer nemesis

 

[DCLane]

In 5 days are you going to name and shame ... ?

 

[smokeysmoo]

In 5 days are you going to name and shame ... ?

That's what I've told them in tonight's email, watch this space.


Sent from my iPhone using Tapatalk

 

[Robeh]

Get the bike sorted at a LBS and cut your losses..
Then name and shame them

 

[smokeysmoo]

I've had a reply today saying they've attached a pre-paid label to a seperate reply. However I can't check the validity of this from work so I'll have to wait until I get home.

I'll hold off naming until the helmet is back with me, then I'll post accordingly. It's a shame I've had to jump through hoops to get this far, but if it gets sorted quickly from here on in I'll be happy enough.

Get the bike sorted at a LBS and cut your losses..
Then name and shame them

It's not a bike, the problem is with a helmet I bought. It needs to go back as it's not something any LBS could fettle.

 

[400bhp]

I think that they have to meet the cost, as per distance selling regs.

Unfortunately they don't [caveat] assuming they have made it clear on their website.

I've had this issue in the past.

 

[smokeysmoo]

OK, they have sent a pre-paid label and the package has gone back. Proof of posting retained

Will give final update once it's back with me.

 

[smokeysmoo]

Final update. My helmet was returned yesterday fully exchanged, although I did have to chase it last Friday.

Never the less all's well that ends well.

The retailer was JE James Cycles. So I'm happy things were ultimately resolved, but annoyed at the hoops I feel I had to jump through.

If they have the best price in the future I will still use them, (silly not too), but they won't be my first port of call, but to be fair they never were anyway.