Postage on items not as described?

[SaBBz]

My girlfriend bought a Jack Daniel's hip flask for me from a website, and it's got glue all over it, the leather panel doesn't fit properly and is different to the picture on the website (actually looks like a fake to me). The seller has confirmed that it is different to the picture but will not pay the postage costs on the item. Can anyone advise me on the legality of this? As I see it they basically sent the wrong item and it was their fault so why should she have to pay postage on it?

Many thanks in advance for advice.

 

[iCraig]

Are we talking about eBay here?

If not and it's a reputable company just phone up and complain, ask to speak to a manager etc.

 

[SaBBz]

It wasn't eBay, but is a small shop which does some online sales. They have stated that they will not refund on the return postage, and that the model they sent was infact a better model than the one my girlfriend ordered - it clearly is not!

 

[pok125]

Distance selling act or something? They need to take it back, full refund etc.

Edit: Or I could read the post properly, sorry

 

[iCraig]

They have stated that they will not refund on the return postage, and that the model they sent was infact a better model than the one my girlfriend ordered - it clearly is not!

Even if it was a better model, you are still entitled to change it or have a full refund. The goods are not what you've ordered.

Double check their Terms and Conditions on postage and refunds.

 

[Vixen]

Even if it was a better model, you are still entitled to change it or have a full refund. The goods are not what you've ordered.

Double check their Terms and Conditions on postage and refunds.

I don't think postage is included in the distance selling act. As far as I'm aware, a customer is entitled to a refund, but only of the cost of the goods.

 

[PinkPig]

the model they sent was infact a better model than the one my girlfriend ordered - it clearly is not!

That in itself is reason enough for them to give you a full refund including postage - after all, you wanted the one you ordered, it's not up to them to decide that something else would be better. Keep at them and threaten them (or rather, mention) with legal action and they might well buckle.

 

[SaBBz]

Thanks for the replies. Glad you guys seem to have the same opinion as me on the matter.

I checked their T&Cs and they say they will not pay postage on items that are not faulty or not wanted (I don't think this really covers my situation). I've just emailed them explaining the situation and will await the reply, if they still refuse then I will give them a ring at some point tomorrow.

Thanks again for the advice.

 

[Burnsy2023]

I don't think postage is included in the distance selling act. As far as I'm aware, a customer is entitled to a refund, but only of the cost of the goods.

From the OFT guide for retailers:

What specifically do I have to refund to the consumer if
they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.

Burnsy

 

[Dolph]

From the OFT guide for retailers:



Burnsy

That refers to cost of initial delivery, not return.

 

[Burnsy2023]

That refers to cost of initial delivery, not return.

Yes, but I was replying to Vixen who didn't know. But from what I have read there is no obligation by the retailer to pay for the postage on return.

Burnsy