Who pays for postage of faulty goods.

KAGY

Hi all,
Is there any law that states that the e-retailers should pay for the cost of returning faulty goods. I know that morally they should! But is there a law about it? e.g. European Distance Selling Act?

Thanks,
Karl

miju

yes there is an EU directive and it states that the buyer is responsible for costs of returning item if its to be returned for a refund.

I'll dig out the link later on but I know above is correct as I was in same spot as you before and none too happy about it so went about finding the correct info.

edit: have a read here and the EU directive text is here

Elessar

I'm almost certain I saw a completely different statement that under irish/eu law the seller is responsible for the costs of returning items if they are faulty. I don't have the time now to search for it.

Does anyone else know what I am talking about?

jor el

miju wrote: »

edit: have a read here and the EU directive text is here

That's to do with "Cooling-off", when the customer decides they don't want the product, and can return it within 7 days of receiving it. In that case, the customer is responsible for return shipping cost.

If goods are faulty, then the retailer pays. Normally, you'd pay for the return cost, and then the retailer would refund that cost when they verify the fault is not user-error.

If this was an eBay purchase however, all those rules go out the window. eBay won't care what the seller (even a registered business seller) charges you, or makes you pay, even though the same rules apply for a business selling on eBay.


http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/
Q8 states:

Q8. I recently purchased goods from an online store. When I received the goods they weren't working. I’ve received a refund for the cost of the goods from the company but not for the cost of returning the goods. Am I entitled to get my delivery charge returned since the product was actually faulty?

Under the Distance Selling Regulations 2001, where a good is faulty the consumer should not be at a loss for the costs of returning the faulty good to the company.

This, however, only applies to websites based in European Union member states. European websites must include a geographical address so that the consumer can locate the seller in the event of a problem.

We suggest you contact the seller quoting this piece of legislation and asking them to refund you the cost of returning the faulty goods.

KAGY

jor el wrote: »

If goods are faulty, then the retailer pays. Normally, you'd pay for the return cost, and then the retailer would refund that cost when they verify the fault is not user-error.

http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/
Q8 states:

Thanks for that, I've emailed the company in question. 3.80 to return a €6 cable! I'll post back later in the week to let you know their reply, naming and shaming if needs be!

di2772

Thats why i stopped buying on the net. Too many things returned and then a fight to get the retailer to pay the costs, which most of them still wouldnt.

KAGY

Okay,
I still have not got a refund but I've found out why:

You are registered as a business not a home user.

If you had an issue with the cost we could have requested the manufacturer to collect it which would delayed the RMA but would not have cost you anything. They will not refund cost of delivery at this point.

I don't have a legal leg to stand on; the EU directive applies to (non-business) consumers. Still, they are going to lose more than that postage in lost business.
Their loss.
So for those in the same situation, request that the manufacturer pick it up first. If it is a small item I'm sure that they'll just post a new item it.