Returning faulty product purchased online

crazy eyes

Hi,

I purchased a set of tires online from a company in the uk. After a month the tires have began to split, I contacted the company I bought them off and they told me to send them back that the manufacturer will have to inspect them. Which is fair enough.


But the company want me to pay the shipping to send them back. I said to them this is a little unfair as I have paid for shipping to receive them already and now the product is faulty pending an investigation I still have to pay the shipping fee.
They replied that any additional costs will have to be taken up with the manufacturer.

I'm just wondering should I have to pay shipping to return the tires? Also from my understanding the company I bought the tires from would have to refund me not manufacturer. Is this the case or am I completely wrong?

Thanks for any help

allthedoyles

The contract is certainly between you and the seller , but returns will depend on the company's terms and conditions .

Some Tyre companies require notification within 48 hours ( see this quote )

If you believe that the Goods are materially defective or incorrect on delivery, we shall have no liability to you unless you notify the Company of the problem (by email ), within 48 hours from the date of delivery.

But if you discover a problem after a month , the seller may help you to claim from the Tyre Manufacturer ( see this quote )

If you suspect that the Goods have a manufacturing default, the Company may at it's sole discretion and at no liability to itself, assist you in making an application under the British Tyre Manufacturers Association (""BTMA") procedure.
This assistance will only be given where you return the Goods to the fitting centre at which they were delivered and will require the allegedly defective Goods to be removed from your vehicle and sent away to the manufacturer for assessment.
If replacement Goods are required at that point the Company will have no obligation to provide or pay for a replacement and any replacement purchase from the Company will be at full value.

chasm

crazy eyes wrote: »

Hi,

I purchased a set of tires online from a company in the uk. After a month the tires have began to split, I contacted the company I bought them off and they told me to send them back that the manufacturer will have to inspect them. Which is fair enough.


But the company want me to pay the shipping to send them back. I said to them this is a little unfair as I have paid for shipping to receive them already and now the product is faulty pending an investigation I still have to pay the shipping fee.
They replied that any additional costs will have to be taken up with the manufacturer.

I'm just wondering should I have to pay shipping to return the tires? Also from my understanding the company I bought the tires from would have to refund me not manufacturer. Is this the case or am I completely wrong?

Thanks for any help

Your contract is with the company not the manufacturer so yes they should refund you.
If the tyres are faulty, then the company pays the shipping costs. Normally, you pay for the return shipping, and then the company refunds that cost when they confirm the item is faulty. You need to let the company know that you expect them to reimburse the postage costs. The National Consumer Agency or the European Consumer Centre can advise you, should you need more info.


http://www.consumerhelp.ie/internet-shopping
Faulty goods & refunds
If you buy something through distance selling and it turns out to be faulty, then generally your consumer rights are the same as if you bought it in a shop.

If what you bought is damaged or faulty in any way you should complain to the seller in writing immediately, by email, fax or letter, and ask for a refund or replacement. If you bought something from an EU-based website and you have to return the item because it is faulty, the seller is liable for any return shipping costs.

If you return a faulty item, and your refund is not provided within 30 days and you paid for the goods using a credit or debit card, your card provider may agree to reverse the transaction. This is called a chargeback. Contact your bank or credit card company immediately and give them details of your transaction.

For websites based outside the EU, you should check that you are happy with the site’s returns policy before you buy something.

rock22

Legally , you might have a case but my experience suggests you wont win.
I purchased an exhaust system for a motorcycle which turned out to be faulty - it didn't fit correctly.
I returned it and paid the return costs. The seller refused to reimburse me even though they did accept the goods were faulty. The European consumer agency agreed I was entitle to my costs but would do nothing to help other than suggesting the Small Claims Court.
The Small Claims Court refused to entertain the claim as it was for "return postage" and not part of the original contract. Again European consumers agency were no help other than saying I was in the right. After a set time they closed the claim/case,
The reality is, you don not have enforceable consumer protection when purchasing from another EU country.

crazy eyes

Thanks for the replies they have been very helpful.

With regards to the terms and conditions on the site. It says that any returns under warranty the company aren't responsible for the shipping cost. Surely these terms and conditions don't out way your statutory rights?

Heres the link http://www.camskill.co.uk/terms.php

dudara

No - your statutory rights take precedence over any warranty. You should clearly state that you are returning these goods as faulty under Consumer legislation.