Online shop not collecting faulty item - what responsibilities do I have?

Engram · 18 Sep 2015 at 14:13

Can anyone can link me to something that outlines my legal responsibilities if an online shop doesn't collect a faulty item (having said that they would)?

I'm sure I read something about this a few years ago, but I can't find it.

The background to this question:

I ordered something from Germany. It was faulty. They sent me a replacement but still haven't collected the original item. I've reminded them to collect it, and they claim the delay is the fault of their courier (UPS). They say they will let me know "soon" when the collection will be and then I hear nothing.

It's a big old box and I'm getting sick of looking at it!

P.S. Please, no comments like "hurr hurr, just sell it on eBay".

Jim99 · 18 Sep 2015 at 14:18

I'd be surprised if there's a specific law, key with these kinds of things is usually to be unambiguous, reasonable, and keep the evidence.

I would send a letter saying that unless it's collected within 2 weeks, I will be disposing of it, and keep a copy of that letter in case they kick up a fuss.

You can't be expected to hold onto it forever.

Engram · 18 Sep 2015 at 14:51

I sent them an email via eBay, giving them to the end of the month. I wonder if that would suffice as evidence?

Greebo · 18 Sep 2015 at 15:01

there ae some rules behind this.

Basically you have to write to them twice and then you can sell the goods or dispose of them

https://www.citizensadvice.org.uk/c...ed-goods/how-to-dispose-of-left-behind-goods/

The Dread Pirate · 18 Sep 2015 at 15:03

Perhaps... They're not a Shop!

Engram · 18 Sep 2015 at 15:05

Does this apply to online purchases? It sounds more like it's aimed at a tradesmen who leaves his toolbox behind.

Also, this bit is ridiculous:

You must send them the money from the sale. You must also be able to show you got a fair price for the goods.

Not only do you have the hassle of selling it, but you then have to send them all the money!

Engram · 18 Sep 2015 at 15:14

Hmm, this page makes it sound more like it applies to online purchases too:

https://www.citizensadvice.org.uk/c...ected-goods/a-trader-has-left-goods-with-you/

Greebo · 18 Sep 2015 at 15:21

Yeah it seems to cover tradesmen leaving stuff behind, unsolicited goods and stuff not collected that you have bought online.

I suppose you would be entitled to deduct the costs of selling/disposing the faulty item.

So its a bit of a minefield as if you just bin it after so long they have up to 6 years to claim the costs back from you as you didnt take reasonable care over the goods.

Im sure it used to eb the case that you gave them so long and then you could keep the stuff.

Perhaps that changed in 2014 with the new laws

Engram · 18 Sep 2015 at 15:32

They claim to want the item back so they can get compensation from UPS for the damage, so perhaps I'll just keep threatening to bin them until they pull their finger out and organise the collection!

Thanks everyone for your input.

Rroff · 18 Sep 2015 at 16:13

Jim99 said:
I'd be surprised if there's a specific law, key with these kinds of things is usually to be unambiguous, reasonable, and keep the evidence.

I would send a letter saying that unless it's collected within 2 weeks, I will be disposing of it, and keep a copy of that letter in case they kick up a fuss.

You can't be expected to hold onto it forever.

Not sure what the laws are surrounding this but usually there will be mention of a "reasinablw" time span which is generally considered as 28 days in this kind of context.

Greebo · 18 Sep 2015 at 16:14

Rroff said:
Not sure what the laws are surrounding this but usually there will be mention of a "reasinablw" time span which is generally considered as 28 days in this kind of context.

It is but even after that 28 days have gone, you have to legally get the best price for the item and send them the money (or so it would seem now)

Cosimo · 18 Sep 2015 at 16:26

Greebo said:
there ae some rules behind this.

Basically you have to write to them twice and then you can sell the goods or dispose of them

https://www.citizensadvice.org.uk/c...ed-goods/how-to-dispose-of-left-behind-goods/

He purchased from Germany so do those rules apply?

Greebo · 18 Sep 2015 at 16:37

Cosimo said:
He purchased from Germany so do those rules apply?

Well it would appear the Consumer Contracts Regulations apply.

http://www.which.co.uk/consumer-rights/problem/can-i-return-an-item-bought-from-another-eu-country

You just wish there was a simple yes/no list somewhere lol

mattyfez · 18 Sep 2015 at 18:32

What's the value of the item? Realistically if it's not that expensive what are they gonna do about it from Germany if you dispose of it after fair warning say twice over 2 months ? Ok they could file a court case against you but that will cost them, fees, solicitor etc..

Roar87 · 18 Sep 2015 at 18:44

I'm pretty sure the online store can't expect the OP to use his house as an extention of their warehouse until they decide to collect the faulty goods

mattyfez · 18 Sep 2015 at 18:48

Indeed, if you give them a month to collect in writing, you could probably charge them for storage thereafter. .. Not that they would realistically pay, but that would make the likelihood of legal action less, as you could counter sue,or have some cost knocked off thier claim, making the legal route even less attractive to them.

koooowweeee · 18 Sep 2015 at 19:03

Have eBay given you a refund ?

mattyfez · 18 Sep 2015 at 19:09

koooowweeee said:
Have eBay given you a refund ?

He's been given a (presumably satisfactory) replacement so the supplier company is on the back foot here. He said online shop, not eBay?

koooowweeee · 18 Sep 2015 at 19:12

mattyfez said:
He's been given a (presumably satisfactory) replacement so the supplier company is on the back foot here. He said online shop, not eBay?

Well he's sent them a email via eBay so one would presume he used eBay to by said item.

Tbf I didn't read OP properly :-D

mattyfez · 18 Sep 2015 at 19:14

Fair enough, I guess it will more come down to eBay /PayPal policy then.