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Originally Posted by bbwannabe
Dear Sir,
Under the circumstances we are happy to accept the product back into stock subject to a re-stocking fee of 15%.
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Ok, first of all, don't get suckered by their BS! You have a *LOT* of rights in this situation, don't let them flim-flam you into giving them away (you might also want to have a word with your local Trading Standards, depending on the details).
Secondly, what *exactly* are the circumstances?
You say "Ok scenario is im returning something back because it doesnt work properly maybe because its a voltage issue and my computer isnt compatible with it."
Did you buy the item by mail order? (I presume so)
Did you get any information or advice from the seller regarding using this item with your computer? Did they say it would work with your system?
1) Under the Sale of Goods Act 1979 all items sold must be "As Advertised" (ie fit the description given), "Of satisfactory quality" and "Be fit for purpose".
Now if it was reasonable for you to assume that what you had bought was compatible with your computer (ie the information given with the product on their website or wherever you saw it) or, especially, if a member of their staff had said that it should be or was compatible, then you have a right to reject the item as "not as advertised" or "not as fit for purpose".
2) If the item didn't work and it was reasonable to expect that it would, you can reject it as not being "of satisfactory quality".
3) Under the Sale and Supply of Goods to Consumers Act 2002 you have the legal right to choose repair, replacement, partial or full refund or compensation if a fault appears within 6 years (5 years in Scotland) and it is reasonable for you to expect that it would last that long.
If this happens within 6 months of purchase the onus is on the retailer to prove that the fault was *not* present at time of purchase.
4) Under The Consumer Protection (Distance Selling) Regulations 2000 you have a seven day cooling off period from the date of the initial purchase under which you can reject the goods without giving any reason, however if you do this, you probably will have to pay the postage charges to return the item.
5) HOWEVER: If the item was faulty you can reject it and you are *NOT* obliged to pay the cost of returning the item.
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Originally Posted by The Consumer Protection (Distance Selling) Regulations 2000
Right to cancel
10. - (1) Subject to regulation 13, if within the cancellation period set out in regulations 11 and 12, the consumer gives a notice of cancellation to the supplier, or any other person previously notified by the supplier to the consumer as a person to whom notice of cancellation may be given, the notice of cancellation shall operate to cancel the contract.
Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security
14. - (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).
[...]
(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier.
[However note:]
(6) Paragraph (5) shall not apply where -
(a) the consumer cancels in circumstances where he has the right to reject the goods under a term of the contract, including a term implied by virtue of any enactment[my emphasis], or
(b) the term requiring the consumer to return any goods supplied if he cancels the contract is an "unfair term" within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999[10].
Also:
Restoration of goods by consumer after cancellation
17. - (1) This regulation applies where a contract is cancelled under regulation 10 after the consumer has acquired possession of any goods under the contract other than any goods mentioned in regulation 13(1)(b) to (e). [Not relevant to you]
[...]
(4) The consumer shall not be under any duty to deliver the goods except at his own premises and in pursuance of a request in writing, or in another durable medium available and accessible to the consumer, from the supplier and given to the consumer either before, or at the time when, the goods are collected from those premises.
[...]
(7) Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in paragraph (5), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.
(8) Where -
(a) a term of the contract provides that if the consumer cancels the contract, he must return the goods to the supplier, and
(b) the consumer is not otherwise entitled to reject the goods under the terms of the contract or by virtue of any enactment,
paragraph (7) shall apply as if for the period of 21 days there were substituted the period of 6 months.
[ie the 6 days stipulation was theirs it is probably nonsense]
[Additional Notes]
Regulation 17 provides that on cancellation of the contract the consumer is under a duty to restore goods to the supplier if he collects them and in the meantime to take reasonable care of them. The Regulations do not require the consumer to return goods but if he is required to under the contract and does not do so, he must pay the cost to the supplier of recovering them.
For fuller information see:
http://www.hmso.gov.uk/si/si2000/20002334.htm - Distance Selling Regulations.
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Please find attached label to use on your return. [...]
We recommend that all parcels are sent †œsigned forââ‚ ¬Ãƒâ€šÃ‚ with enough compensation for lost or damaged packages.
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So depending on exactly what the details are, you may well be entitled to tell them to take that attached label, fold it until it's all sharp corners and then shove it...!
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In the terms it mentioned when returning things return it in its original box with packaging and stuff, do they mean the box for the actual product or the box that the product was put in and sent off in (which is like 6 times as large as the good, and i threw away the weird white things that cushion things dunno what its name is, forgot lol, but i hope they arent too specific).
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Even if you do have to return the item, your "duty" is only to take "reasonable care" of the item, the law says nothing about packaging! (It would, however, include instruction manuals etc)
If they're charging you a re-stock fee this is to cover their lost profits as they should *NOT* sell the item again as "new" since it's not (and if they do they're being very naughty!).
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How do i send it off back to them?
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As mentioned above, if you've got reasonable grounds to reject it as not working when it should, you don't have to send it back unless *they* pay for it or agree to re-imburse your costs. You can tell them that it is available for collection from your place *at a time of your convenience!*
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first time returning something back. And ive got 6 days to do it...
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Where did this "6 days" figure come from? If they told you that, what reason did they give for it?
One other thing of note: If it cost over £100 and you paid by Credit Card (but not Debit Card) then under Section 75 the Consumer Credit Act the credit card company is jointly and severally liable for the completion of the contract, ie if you get no joy from the retailers, you can demand your money back from the Card Company!
So nil illegitimi carborundum! Take a good read of the above and you may well find that you're entirely in the right and they can take a running jump!
