Who Pays for return of defective goods?

  • Thread starter agencycontractor
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agencycontractor

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Hi,
Surely when you buy bulky items , they are delivered to your house and if you find they are faulty , the seller should pay for the collection?
My wife recently bought a bed for €550. This included cost of delivery.
When the bed was delivered to house , my wife un packed it and set it up. However she noticed seams were tearing as mattress wasn't stitched very well. Likewise for base of bed.

She rings up the bed shop and says she wants bed that is stitched properly and not tearing easily.
Guy in bed shop says instead of replacing the bed , he'll take the bed back and give her money back. However since he'll have to pay delivery man €25 he'll deduct that out of €550 he owes her.
My wife was surprised that the man in bed shop didn't want to replace bed. She reluctantly agrees as man in bed shop says he can't guarantee properly stitched bed.

Bed was collected yesterday. However delivery man only gives her €500. We presume guy in bedshop is charging her all transport costs.
Shouldn't she get full refund as product was faulty?

Are they any consumer laws you outline what should happen?
Where can you get info?
 
Hi agencycontractor

Where can you get info?


[broken link removed]runs a telephone enquiry line dedicated to assisting consumers with any complaints/queries they may have regarding their rights, entitlements, etc.

The number to dial is : 4025555 (01 area or 1890 220229 (LoCall for outside 01 area)

The lines are open Monday to Friday 10am - 1pm and 2pm - 5pm


The Act governing this issue is the Sale of Goods and Supply of Services Act 1980.

Let us know how you get on.

Marion :hat
 
Your wife was (is) entitled to a full refund of the price she paid (if the guy can't/won't replace the original). No ifs, buts or compromises.

If he refuses to play ball, your recourse is hte Small Claims Court. Check the ODCA link above for details.
 
Does anyone have a link to some European legislation, which would explain who exactly should pay for the return of defective goods? With something like an Mp3 player, a buyer can easily carry it back to the point of sale but surely for larger items, a buyer shouldn't have to pay for transportation? I've tried the ECIC and Consumer Connect websites but apart from online purchases, neither really explains this issue properly.
 
Any use?
...

If they buy goods or services which turn out to be faulty or not of satisfactory quality, they may be entitled to a repair, replacement or refund from you as a retailer. And if they are given false or misleading information regarding how you describe your goods or services, they may also be due a refund.


The customer does not have to bear the cost of returning the goods to you if these are:

  • Faulty
  • Not of satisfactory quality
  • Different to the ones ordered (do not match their description) or
  • Substitute goods
The key legislation in this area covers issues such as:

  • Distance selling
  • e-Commerce (if you take orders via the Web or email)
  • Doorstep selling
  • Data protection
 
Thanks, Clubman, but this information also seems to relate specifically to 'distance selling' - a typical example being when you buy something online. I still haven't managed to find legislation, which would clarify who should pay for the delivery costs of returning a faulty product, when it is purchased from a shop.
 
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