cullord
Well-Known Member
From my earlier post http://www.horseandhound.co.uk/forums/showthread.php?p=11052712#post11052712
Well, I think it says if it's faulty they cover return postage but I think they're trying to claim the damage must be my fault so I think they're saying I have to cover return costs.
Their email earlier to me said,
Dear *****
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.
Consumer direct reference **********
This post requires being pressure fixed to the ceiling due to its size - if this is not done correctly it will be unstable as would any simlar item of that height and size.
Please let us know which option you would prefer.
And their Returns Policy is....
5. RETURN POLICY
We will happily refund or exchange products which are not quite what you wanted.
If you are entitled to a refund, we will refund you as follows within 30 days from the point of being made aware in writing of cancellation or fault being disclosed for the product: If you paid by paypal, debit/credit card, we will refund you by the same method as the original purchase. We will refund the delivery charge in full if you return all items in your order at the same time. If you choose to keep some of the items, we will retain the balance of the delivery charge that applies to the items you keep. Should you have received any promotional free gifts or offers as a result of your purchase these must also be returned.
6. RETURN INSTRUCTIONS
We hope that you will be happy with your purchase but should you wish to return or exchange an item please follow the instructions below.
6.1 Cancellation rights Non-faulty items
You have the right to cancel your order up to 7 days (UK ONLY) after the day you received the item(s) by sending an e-mail. This does not cover business customers as this right is not extended to you.
Items sent to the rest of the world are generally non-returnable if they are not faulty, any returns will be at customer service’s discretion on a case by case basis. Please contact us to discuss your situation.
Please note that your right to return an item does not apply to certain products unless the item has a manufacturing fault (in which case see section 8.2 below). Such items include:
6.1.2 Perishable items, such as foods, treats and vitamins and supplements.
6.1.3 Animal grooming products
6.1.4 Flat pack items such as cages that have been partially or fully assembled except for in the case of a proven and confirmed manufacturing fault.
6.1.5 Bespoke items, such as individually inscribed collars or any product made or tailored to your specific needs.
6.1.6 Any item sold by us via any online auction site won by bidding (fixed price items are not excluded).
If the item(s) have not been dispatched we will cancel the order and we will refund payment in accordance with our refund policy in section 6 below. If the item(s) have been dispatched to you and we are unable to stop the delivery, you can refuse to sign for the delivery so that the item(s) are returned to us and we will refund in accordance with our refund policy in section 6 below. We request all products that are cancelled are returned to us at the address below (see section 9) You will be refunded the original delivery and item cost excluding any discount applied at the point of purchase. However, the cost for the return postage is the responsibility of the customer. You can;
1. Make the goods available for collection, we will gladly book a courier and collect from UK Mainland (excluding highlands & islands) the goods this will be charged at a rate of 7.50 GBP upto 30kgs volumetric weight (based on either dimensions or actual weight). This will be deducted from the refund.
2. The customer can send the item(s) back. However, we require this to be via a trackable signed for method.
You are legally obliged to take reasonable care of items. Please return an item in its original and undamaged packaging with all of its components. If an item is returned undamaged in its original and in or with undamaged packaging we will offer you a refund in accordance with our refund policy in section 5 above. If you do not return the item as instructed within 28 days of cancellation, we may make a charge in respect of the cost of recovering (or attempting to recover) the item. If you do not return an item after our reasonable attempts to recover it, you will be deemed to have accepted the item, at which point a new purchase contract will be made and you will be charged for your order at the price then set out on the . This does not affect your statutory rights.
We take great care under the sales of goods act 1979 to ensure our products are of
* Satisfactory quality
* As described
* Fit for Purpose
If the customer believes a product does not conform to these criteria, the customer has the right to request money back within a reasonable time. Please contact customer services who will investigate the compliant immediately.
6.2 FAULTY & DAMAGED ITEMS
6.2.2 Damaged in transit
In the event your item arrives damaged please contact customer services immediately.
1. You will be required to sign for the item damaged.
2. E-mail us with a written account of the damage
3. Attach photos of the damage.
4. A return courier will be booked - all items must be returned unless agreed otherwise by a manager. Items must be returned in the original packaging.
We will agree a course of action which will either be refund or replacement. We will request the product is not assembled, used or destroyed in the interim. This may affect your right to return the item. We are not liable to provide a replacement in the interim or any claim resulting in temporary loss of use or associated consequential losses. A claim will be submitted to the courier company. They may choose to send out a questionnaire or representative to your home. We would be grateful for your co-operation will this matter.
6.2.3 Warranties
We do not offer warranties for any products supplied by us. Some items, but not all, have manufacturer’s warranties. The information will be supplied with the respective purchase and claiming against the warranty will involve contacting the manufacturer direct. If a fault is caused by accident, misuse or negligence, or it occurs outside the warranty period, it may not be covered by the manufacturer's warranty
6.2.4 Spares and repairs
We are unable to offer a repair service, but in some cases, we may send out spare parts if it is deemed necessary. We will not accept any claims for losses you suffer during this time.
6.2.5 Faulty products
If an item is damaged or faulty, customers will not charged return costs and will receive a full refund if the goods are confirmed as faulty on inspection. Please phone or email and provide full details. You order details such as original invoice or order number will be required.
You will normally be asked to;
1. Send an email detailing the fault
2. Attach any photos that support this.
Return carriage or returns bag will be arranged and a refund or replacement will be issued which complies to normal delivery terms and conditions. The faulty item must be returned unless specified by a manager. We are not liable to provide a replacement in the interim or any claim resulting in temporary loss of use or associated consequential losses.
Any faults that are judge to be as a result of misuse, wilful damage or negligence will not be covered and any associated costs related to the claim may be charged to the customer.
If replacement items are provided in place of faulty goods that have been returned by the consumer, the cancellation rights under the DSRs will run for seven working days from the day after the day the consumer receives the replacement goods, provided you have previously complied with the refund policy section 5
6.2.5 Lost in transit
[Deleted as irrelevant]
7. General
If you are in breach of these Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Product Terms & Conditions. We shall not be responsible for any breach of these Product Terms & Conditions caused by circumstances beyond our reasonable control.
I've highlighted the sections I think are relevant but not sure how it clears matters up. I am MORE confused. I think I should be entitled to return delivery as the product was weak and fell apart but their earlier email suggests they're choosing to blame me for the unit collapsing within 3 weeks of use so won't offer to cover the cost to return.
AND WHY HAVE THE OPENED A CONSUMER DIRECT CASE? AREN'T I SUPPOSED TO DO THAT!!!
Jeeze. What do I do???
Well, I think it says if it's faulty they cover return postage but I think they're trying to claim the damage must be my fault so I think they're saying I have to cover return costs.
Their email earlier to me said,
Dear *****
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.
Consumer direct reference **********
This post requires being pressure fixed to the ceiling due to its size - if this is not done correctly it will be unstable as would any simlar item of that height and size.
Please let us know which option you would prefer.
And their Returns Policy is....
5. RETURN POLICY
We will happily refund or exchange products which are not quite what you wanted.
If you are entitled to a refund, we will refund you as follows within 30 days from the point of being made aware in writing of cancellation or fault being disclosed for the product: If you paid by paypal, debit/credit card, we will refund you by the same method as the original purchase. We will refund the delivery charge in full if you return all items in your order at the same time. If you choose to keep some of the items, we will retain the balance of the delivery charge that applies to the items you keep. Should you have received any promotional free gifts or offers as a result of your purchase these must also be returned.
6. RETURN INSTRUCTIONS
We hope that you will be happy with your purchase but should you wish to return or exchange an item please follow the instructions below.
6.1 Cancellation rights Non-faulty items
You have the right to cancel your order up to 7 days (UK ONLY) after the day you received the item(s) by sending an e-mail. This does not cover business customers as this right is not extended to you.
Items sent to the rest of the world are generally non-returnable if they are not faulty, any returns will be at customer service’s discretion on a case by case basis. Please contact us to discuss your situation.
Please note that your right to return an item does not apply to certain products unless the item has a manufacturing fault (in which case see section 8.2 below). Such items include:
6.1.2 Perishable items, such as foods, treats and vitamins and supplements.
6.1.3 Animal grooming products
6.1.4 Flat pack items such as cages that have been partially or fully assembled except for in the case of a proven and confirmed manufacturing fault.
6.1.5 Bespoke items, such as individually inscribed collars or any product made or tailored to your specific needs.
6.1.6 Any item sold by us via any online auction site won by bidding (fixed price items are not excluded).
If the item(s) have not been dispatched we will cancel the order and we will refund payment in accordance with our refund policy in section 6 below. If the item(s) have been dispatched to you and we are unable to stop the delivery, you can refuse to sign for the delivery so that the item(s) are returned to us and we will refund in accordance with our refund policy in section 6 below. We request all products that are cancelled are returned to us at the address below (see section 9) You will be refunded the original delivery and item cost excluding any discount applied at the point of purchase. However, the cost for the return postage is the responsibility of the customer. You can;
1. Make the goods available for collection, we will gladly book a courier and collect from UK Mainland (excluding highlands & islands) the goods this will be charged at a rate of 7.50 GBP upto 30kgs volumetric weight (based on either dimensions or actual weight). This will be deducted from the refund.
2. The customer can send the item(s) back. However, we require this to be via a trackable signed for method.
You are legally obliged to take reasonable care of items. Please return an item in its original and undamaged packaging with all of its components. If an item is returned undamaged in its original and in or with undamaged packaging we will offer you a refund in accordance with our refund policy in section 5 above. If you do not return the item as instructed within 28 days of cancellation, we may make a charge in respect of the cost of recovering (or attempting to recover) the item. If you do not return an item after our reasonable attempts to recover it, you will be deemed to have accepted the item, at which point a new purchase contract will be made and you will be charged for your order at the price then set out on the . This does not affect your statutory rights.
We take great care under the sales of goods act 1979 to ensure our products are of
* Satisfactory quality
* As described
* Fit for Purpose
If the customer believes a product does not conform to these criteria, the customer has the right to request money back within a reasonable time. Please contact customer services who will investigate the compliant immediately.
6.2 FAULTY & DAMAGED ITEMS
6.2.2 Damaged in transit
In the event your item arrives damaged please contact customer services immediately.
1. You will be required to sign for the item damaged.
2. E-mail us with a written account of the damage
3. Attach photos of the damage.
4. A return courier will be booked - all items must be returned unless agreed otherwise by a manager. Items must be returned in the original packaging.
We will agree a course of action which will either be refund or replacement. We will request the product is not assembled, used or destroyed in the interim. This may affect your right to return the item. We are not liable to provide a replacement in the interim or any claim resulting in temporary loss of use or associated consequential losses. A claim will be submitted to the courier company. They may choose to send out a questionnaire or representative to your home. We would be grateful for your co-operation will this matter.
6.2.3 Warranties
We do not offer warranties for any products supplied by us. Some items, but not all, have manufacturer’s warranties. The information will be supplied with the respective purchase and claiming against the warranty will involve contacting the manufacturer direct. If a fault is caused by accident, misuse or negligence, or it occurs outside the warranty period, it may not be covered by the manufacturer's warranty
6.2.4 Spares and repairs
We are unable to offer a repair service, but in some cases, we may send out spare parts if it is deemed necessary. We will not accept any claims for losses you suffer during this time.
6.2.5 Faulty products
If an item is damaged or faulty, customers will not charged return costs and will receive a full refund if the goods are confirmed as faulty on inspection. Please phone or email and provide full details. You order details such as original invoice or order number will be required.
You will normally be asked to;
1. Send an email detailing the fault
2. Attach any photos that support this.
Return carriage or returns bag will be arranged and a refund or replacement will be issued which complies to normal delivery terms and conditions. The faulty item must be returned unless specified by a manager. We are not liable to provide a replacement in the interim or any claim resulting in temporary loss of use or associated consequential losses.
Any faults that are judge to be as a result of misuse, wilful damage or negligence will not be covered and any associated costs related to the claim may be charged to the customer.
If replacement items are provided in place of faulty goods that have been returned by the consumer, the cancellation rights under the DSRs will run for seven working days from the day after the day the consumer receives the replacement goods, provided you have previously complied with the refund policy section 5
6.2.5 Lost in transit
[Deleted as irrelevant]
7. General
If you are in breach of these Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Product Terms & Conditions. We shall not be responsible for any breach of these Product Terms & Conditions caused by circumstances beyond our reasonable control.
I've highlighted the sections I think are relevant but not sure how it clears matters up. I am MORE confused. I think I should be entitled to return delivery as the product was weak and fell apart but their earlier email suggests they're choosing to blame me for the unit collapsing within 3 weeks of use so won't offer to cover the cost to return.
AND WHY HAVE THE OPENED A CONSUMER DIRECT CASE? AREN'T I SUPPOSED TO DO THAT!!!
Jeeze. What do I do???
