If you buy something online and it falls to bits in less than 3 weeks.....

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cullord

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what's the law in asking to return it for a full refund????

I am fuming. I purchased a cat tree from a well known online pet supplier on 16th August. It was delivered the following week. It was in there Summer sale, down from RRP of £149 to £45. Good price I thought, and ordered one for my two 7 week old DSH kittens.

It arrived and was carefully assembled as per instruction and placed in a quiet location, but yesterday as one of my kittens jumped onto it the post in the middle of the structure snapped off its base and the whole thing (including the kitten) collapsed onto the floor in a big heap. Luckily, nothing was hurt or damaged. It's impossible to reattached the broken post so the whole thing is redundant. I emailed the online shop yesterday and told them what happened and that I'd like to return it for a refund, but they've replied this morning that they've sold several of these without complaint and that ITO the cat tree is solid. They've offered to send me a replacement post instead :(

I don't want a replacement post as I don't trust the structure of this cat tree and wish for a refund so I can buy a better built and sturdier version.

What are my rights in law?
 
I th ink that you have an absolute right to a refund of both the cost of the tree and the postage. I am surprised that the seller disputes this if it is a big one. After such a short time in use, you do not have to accept a replacement.

Send them a photo of the broken shaft, quote the term "not fit for purpose" and the Distance Selling Directive, and that should do the trick. You might also add a comment about how your kitten "appears at the moment" to be unhurt, to add a little impetus.
 
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If the goods are faulty or not fit for purpose which it sounds like applies in this case, then the supplier (shop) HAS to offer you a full refund. Postage is a bit of a grey area but certainly the purchase price. They cannot insist you go to the manufacturer nor accept a replacement or credit note.

Non faulty goods they dont have to take back unless their written policy says so and this may be credit note, repair or replacement or full refund, but this doesnt apply in this case.

I would remind them of the consumer credit law in this scenario means you are entitled to a full refund and do not have to accept a replacement. NB you may have to send the faulty item back to them formally rejecting it as not of merchantable quality - if you do, make sure you photo/video it first to show condition and fault.
 
lachlanandmarcus said:
Non faulty goods they dont have to take back unless their written policy says so and this may be credit note, repair or replacement or full refund, but this doesnt apply in this case.
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It does if its a distance sale. If the seller is a business, the goods are sold for a fixed price and the goods are not customised then under the Distance Selling Directive, no matter what was written about refunds in the listing, the seller is entitled to return for a refund of the price plus the outbound postage no matter what reason they want to return them for.

I know because I have just had an almighty battle with a business seller on eBay who listed as non-returnable, some gaiters that when I got them I could see just would not work for me.

It's the Distance Selling Directive. It is skewed heavily in favour of the buyer, becuase it is so difficult to know exactly what you are going to get if you buy online.
 
cptrayes said:
It still has to be fit for purpose, and if a kitten managed to break it, it obviously wasn't. She is entitled to a refund.
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I am not saying she doesnt deserve a refund, I would certainly want a refund if it happened to me! I bought a pair of riding boots in the sale that fell apart after wearing them once, when I rung the company they said I wasnt entitled to a refund because i bought it in the sale, they could only give me a new replacement pair.
 
Okay, this is from the reply by email I have just received


Under the sales of goods act we are able to offer a repair or replacement. Alternatively we can offer a refund but the return postage cost would not be paid for by us.


So I have to pay the return costs of a very heavy item what I am returning because it isn't fit for purpose. Is that right? Seems unfair on me :(
 
What is the returns policy on the website? I had a battle over 3 tons of woodchip I bought online that wasn't as advertised. It had come from N wales and I am in Hampshire. The seller laughed at me when I told him he had to come and pick it up. Well he did and I didn't have to pay return postage as it wasn't on the website. Look up the sale of goods act as you have more rights to return if you buy through distance selling.
 
hoggedmane said:
What is the returns policy on the website? I had a battle over 3 tons of woodchip I bought online that wasn't as advertised. It had come from N wales and I am in Hampshire. The seller laughed at me when I told him he had to come and pick it up. Well he did and I didn't have to pay return postage as it wasn't on the website. Look up the sale of goods act as you have more rights to return if you buy through distance selling.
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It sounds like you managed to wangle that one on the fact that they did not say anything about returns?

For other people, on sites that do, it does not matter what the returns policy is stated as on a website. The Distance Selling Directive means that is is probably illegal anyway for a business seller selling non-customised items at a fixed price to list something as non returnable.
 
cullord said:
Okay, this is from the reply by email I have just received


Under the sales of goods act we are able to offer a repair or replacement. Alternatively we can offer a refund but the return postage cost would not be paid for by us.


So I have to pay the return costs of a very heavy item what I am returning because it isn't fit for purpose. Is that right? Seems unfair on me :(
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Government guidance to sellers:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

para 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.
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Tell them to check their copy of that oft.gov.uk document and that you will sue them if they do not pay for the return.
 
cptrayes said:
Government guidance to sellers:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

para 3.68



Tell them to check their copy of that oft.gov.uk document and that you will sue them if they do not pay for the return.
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Thanks. Here's a link to the update I'v just posted http://www.horseandhound.co.uk/forums/showthread.php?t=561454. It's long (sorry all :o) but the Returns terms on their website are so convoluted and confusing. I am still in the dark.

And I wondered why their earlier email to me gave a Consumer Direct reference number. Does that mean they've opened a case against me stating to CD that I've damaged the item? Will this affect my position if I try to contact CD myself about this matter? I assume if they're stating they dont have to pay me return costs - this is because CD have advised them this is the case. Deep sigh.
 
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