Buying online, goods not as described, where do I stand on returning them?

johngalway

Hello folks,

I bought some goods from an Irish online retailer this week. They arrived today and when I opened one of the boxes I realised they are not what I ordered. They are close to what I ordered but they are not what I ordered.

The items cost €122.50, shipping was an additional €10.

By the by, the shipping sticker read €7.50 :rolleyes:

I may choose to return the item as they are not as described on the website nor the recorded transaction.

Where do I stand in relation to this situation with the seller? Am I within my rights to return the item for a full refund? Can I expect to get the initial shipping costs back, which will now possibly be doubled because of the return, and can I expect the seller to accept the return COD?

ATB

John

antocann

you should be entiteld to an exchange and postage you pay for return back ,

when you pay €10 that doesnt mean postage is gona cot 10
you have to consider packaging , petrol to take it to the post office , printing ect ....

johngalway

Yep, I had not considered the packaging costs.

As for an exchange, as far as I am aware they do not have in stock the actual goods I wish to buy. Due to the nature of those goods it is very unlikely they would have them in any time soon (we could be talking months).

In that case, and since I cannot wait, am I entitled to a full refund? Minus packaging But including the initial postage also.

Should the seller arrange to have the wrong goods collected or returned to them at their expense?

delllat

9 times outta 10 if ur unhappy with a purdhase u have to pay to return it

its up to the seller if he wants to refund your innitial shipping charge too

johngalway

How can that be, when the goods are not what I ordered?

If I ordered the goods I received I would understand, but I did not, I ordered something else.

jor el

The seller is liable for return shipping costs under EU and Irish consumer law. If you buy on something like eBay, the law means nothing as eBay won't and don't care. For any other retailer, they must operate within the law, and they should pay the cost of returning faulty or miss-sold goods.

A refund of all money paid so far, and the cost of returning the goods would be in order.

johngalway

What law can I quote them over the phone, or via email? I don't particularly want to quote any but just to have it in the back pocket if necessary.

The way I see it, I am entitled to refund on 100% of what I've paid so far, and for them to pay for the return.

This is an Irish retailer by the by.



Just in case they do have the proper goods, which is extremely unlikely, can I basically have the wrong goods sent back at their cost and the right goods sent to me at their cost (I would not be getting a refund in this case, so the original postage and packaging plus fee would be covered).

johngalway

And sorry for all of the questions And thanks for the help

Gstore.ie (Tony)

Hi John,

I know it doesn't specifically mention your scenario but the law regarding online sales is the distance selling rule http://www.citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/distance_selling. I would do a few things, copy the details of the item being sold online with the description, if you have not already done so contact the seller and let him know that you are disappointed with the product as it is not as described and would expect a full refund including yours costs to ship it back.

You are also entitled to an exchanage for the goods you ordered and the shipping cost here should be covered by the retailer if it was their mistake.

Regarding the shipping of €10 as a previous poster mentioned this will have the cost of packaging built in and is a normal tactic by retailers online.

Hope it all works out for you.

Best Regards
Tony

jor el

In addition to Tony's link, you should check out the NCA's guides to online shopping, particularly these two sections
http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping-from-Home/faulty-goods.html
Which says you should not be liable for return costs

http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping-from-Home/distance-selling.html
Read the bottom of this about substitute goods, which seems appropriate to your case. Depending on the T&Cs on the site, you may have actually accepted substitute goods. That page says;
If you are not happy with the substitute goods, you can return them, but you may have to pay the cost of postage if you consented to being sent substitute goods.
So you can still return them, but might have to pay the postage.

Gamesnash.ie: Pat

+ 1 on Tonys advice - a current screenshot capture would be a good idea too just in case there is any changes made to the site / description in the mean time.

johngalway

You guys are a fantastic help

Unfortunately I didn't take a screen capture at the time of purchase. But, I do have a printable receipt of the exact goods I wanted to order - which describes exactly what I ordered and not what I received.

Also, I did email the shop between ordering and receiving just to confirm my order. The reply said they only shipped my order 4 days after they accepted payment. By coincidence I arrived home to find both the email and package as I was away for a couple of days.

Perhaps the delay in sending the order out meant what I ordered was sold out of stock, however that isn't my fault.

Anyway. I'll get onto the shop about this and have a chat with them. I don't want to go in like a bull, but forewarned is forearmed as they say

€€€ are tight at the moment and I cannot afford to have that figure tied up in something which isn't of use to me

Gamesnash.ie: Pat

If the site is currently displaying the same information and pics etc as when you made the purchase then a current screen capture would be ok. It's just an extra form of insurance / evidence should you need to make a claim through the small claims court.

johngalway

Nah, they changed it sometime during the week between when I ordered and when I received. Would have been handy to have been notified and saved the hassle!

Blowfish

Also, bear in mind that you are still in the cooling off period so you can actually return the goods without even having to give a reason. In this case, you definitely would have to pay postage however.

ttcomet

Make sure you return it using registered post in case it goes "missing". You don't want to end up in a situation where they claim they never received the return and you are then out the money and the goods.

91011

Its amazing the number of replies that are assuming the online retailer is going to try and pull a fast one.

Assuming they are a reputable online retailer they'll know exactly what they have to do to remedy the situation - basically take back at their own cost the incorrect product and replace it with the correct product. if the correct product is not available then a full refund is due of all monies paid including delivery charge.

I would fully expect that this is what will happen.

foggy_lad

delllat wrote: »

9 times outta 10 if ur unhappy with a purdhase u have to pay to return it

its up to the seller if he wants to refund your innitial shipping charge too

in this case all shipping charges including the initial charge and any return costs must be refunded as the item is not as described/different to what was ordered.

91011 wrote: »

Its amazing the number of replies that are assuming the online retailer is going to try and pull a fast one.

Assuming they are a reputable online retailer they'll know exactly what they have to do to remedy the situation - basically take back at their own cost the incorrect product and replace it with the correct product. if the correct product is not available then a full refund is due of all monies paid including delivery charge.

I would fully expect that this is what will happen.

many people have poor experiences with online sellers when things go wront, many insist that postage costs are borne by the customer and many have restrictive RMA procedures which are used to try to stop people from seeking refunds but forcing them to accept replacement or repair again with all postage costs borne by the customer. however i am sure thare are also some online sellers that act properly.

johngalway

91011 wrote: »

Its amazing the number of replies that are assuming the online retailer is going to try and pull a fast one.

Assuming they are a reputable online retailer they'll know exactly what they have to do to remedy the situation - basically take back at their own cost the incorrect product and replace it with the correct product. if the correct product is not available then a full refund is due of all monies paid including delivery charge.

I would fully expect that this is what will happen.

Just to make my position clear. I came here asking advice, in case things do go wrong when I again talk to the retailer. I do not expect things to go to the point of me taking further action than contacting the retailer and explaining the situation to them. But, if it does go badly, I want to know where I stand with my rights as a consumer. That's all, no going in like a bull in a china shop. Just going in prepared "Hope for the best, plan for the worst."

91011

johngalway wrote: »

Just to make my position clear. I came here asking advice, in case things do go wrong when I again talk to the retailer. I do not expect things to go to the point of me taking further action than contacting the retailer and explaining the situation to them. But, if it does go badly, I want to know where I stand with my rights as a consumer. That's all, no going in like a bull in a china shop. Just going in prepared "Hope for the best, plan for the worst."

no issue with original post, - it was valid and answered quickly. But some people just jump to conclusion that retailers will do their utmost to hinder customer service when the opposite is the real experience of 95% of people.

IF they are a reputable retailer you will have no issue whatsever in getting a full refund including delivery charge. You won't need to quote legal terms and you won't have any hassle. - Chances its already in their terms & conditions.

Of course there are a few small online sellers who just don't give a damn, (ust like a few bricks mortar retailers) but i am assuming that the items you purchased are a speciality item and tehrefore purchased from a speciality store who will have a fair bit of common sense.

Kintarō Hattori

I know this is an old thread but I do have a query that is just as well placed here as opposed to starting a new thread.

What happens when someone buys a product online, uses it but then decides they don't want to keep it. I presume in that situation they cannot return the item even if they are within the cooling off period?

Gamesnash.ie: Pat

You presume correctly

dudara

Kintarō Hattori wrote: »

What happens when someone buys a product online, uses it but then decides they don't want to keep it. I presume in that situation they cannot return the item even if they are within the cooling off period?

Once it's used, you've indicated acceptance. There would actually have to be something wrong with the item in order for you to return it after this point.

lendmeyourear

jor el wrote: »

The seller is liable for return shipping costs under EU and Irish consumer law. If you buy on something like eBay, the law means nothing as eBay won't and don't care. For any other retailer, they must operate within the law, and they should pay the cost of returning faulty or miss-sold goods.

A refund of all money paid so far, and the cost of returning the goods would be in order.

I am a long time buyer on ebay and have used their adjudication process a number of times and they always found in my favour (that is because I was right :-) ) It is important to communicate effectively with the seller and in the absence of a solution leave it to ebay. Paypal also have a fine service. If an item is not as described the seller has not got a leg to stand on and it is most helpful to your case to take proper pictures of the item and carefully keep notes and copies of all emails.

I suspect the person who started this thread should have no difficulty in resolving this problem satisfactorily and best of luck to you.

Kintarō Hattori

Thanks guys & gurl. I haven't yet bought anything I wasn't happy with online but had a friend who was adament he could return something even after having opened it. Why does people's logic fly out the window when they go online?!

pleasant Co.

Kintarō Hattori wrote: »

Thanks guys & gurl. I haven't yet bought anything I wasn't happy with online but had a friend who was adament he could return something even after having opened it. Why does people's logic fly out the window when they go online?!

TBH if you read the cooling off period terms it doesn't say that the item must be unused - even going so far as to mention several items that cannot be returned under the cooling off period if already used.

Cancellation will not be accepted, however, in the following cases:

1. The provision of services have already begun with the consumer's agreement
2. The price of the goods or services is dependent upon financial market fluctuations that are beyond the supplier's control
3. The goods cannot be returned because they were made according to the consumer's specifications
4. The goods are audio/video tapes or computer software whose seals have been broken by the consumer
5. The goods are newspapers or magazines
6. The services are gaming and lottery services.

I would have assumed that in order to return something under the cooling off period of the distance selling rules it must be unused, but now I'm wondering.