Distance selling postage return rights

mcmahonc

Hi Folks,

I am looking for some help.

My partner and I purchased a ride-on toy for €69 our two year old daughter's birthday. We purchased it from a .ie site. The toy comes in two sizes, small recommended for 1-3 and large recommended for 3-5. These recommendations are the manufacturers rather than the retailer.s The toy has arrived and it is way too small for her, dangerously so in that she has fallen off and hurt herself. We have googled it and there are tonnes and tonnes of discussion forums from parents debating the same issue. The small toy being "too small" is a known issue in the parent community and the advice is to ignore the manufacturers' recommendation. If we had known this we would have purchased the larger size as its only a tenner more.

What we would like to do?... swap this for a larger size.

Here is the catch though, the retailer whilst operating on .ie web address is based in the UK, to send this toy back will cost €27.50 with an post (2kg parcel). The distance selling act says that the retailer must outline their return policy including the costs, their return policy states that we must pay the postage which is a whopping 40% of the cost of the original item.

Under distance selling I can cancel this without any reason up to 7 working days after it arrives. I am entitled under law to get a refund but I have to return it at considerable cost.

I feel the product is "not as advertised" in terms of age suitability but as this is the manufacturers recommendation and not the retailers I am sure they will claim the lack of suitability is subjective on my part. In fact, there are literally thousands of parents who substantiate my claim.

I feel a bit harddone by. I bought a toy from a seemingly Irish website on their age suitability recommendation (which is clearly wrong) and now I am either left with a toy that is unsafe and therefore ununsable, or I have to pay 40% of the cost to rectify the issue.

Any advice? I thought that a .ie website ensured it was a legitimately Irish registered business, what good is the distance selling act if the postage costs exceed any rights you have as a consumer.

Any help out there?

Thanks,

Claire:mad:

dudara

The distance selling rules are there to ensure that retailers have to accept back goods in the case of a "change of mind" for distance selling. This is because you do not have the chance to inspect the items in the shop prior to purchase, as you would have in a real store. In real stores, retailers are under no obligation to accept "change of mind" returns (but often do it for good customer service). Online retailers are obliged to accept "change of mind" returns but not their cost.

In your case though, I would argue that the goods are not as advertised (assuming that you went by the sizing guides listed on the retailer website). I would write to the retailer and explain that you wish to replace the goods under your SOGSSA consumer rights.

mcmahonc

Thank you for your help I will try that, I fear they may say well in their opinion it is suitable and they are only following the manufacturers recommendation. I also feel it is not the retailers fault, they stock a product made by a third party manufacturer and convey that manufacturer's age recommendation on it, this recommendation is clearly wrong but they can't be held responsible for that. Where I do feel aggrieved is that this is being portrayed as an Irish Website, if this had a .co.uk address I would have assumed a certain level of risk etc. Kicking myself I haven't bought the larger one.

wmpdd3

All retailers sell a product made by a third party, the retailer is still liable for the product, its up to the retailer to put things right.

I don't think you have a claim under distance selling a it seem s the item has been opened and used.

I would try to make a claim under the sogas act instead.

Is the only information given an age? Does the website say a height or weight measurement?