Problem with seller about shipping money after sedning back goods

[Largo_Strata]

Hello!

 

Allow me to introduce myself, my name is Largo and I am somewhere from the deep south of Europe. English is not my native language but I am learning it for some years in school already now so I hope it is good enough to post here, sorry for every mistake I maybe make

 

I have just a little problem with an order I placed at a seller from the UK and I hope this is the right place to ask for some little advice.

I ordered some electrical parts for my tv and clearly explained what I need and which tv (brand, model...) I have and asked if they could send me compatible parts as they were also difficult to get at local stores.

They promised me that they would definitively work and so I ordered them from that mail order shop in the UK. As I was in a hurry I also chose a fast and more expensive way of shipping.

 

Well, unfortunately the parts were not compatible and so I sent the parts back with the request to send me the money back but I only got back the money for the products, not the shipping.

 

Here I wonder now how is the situation in the UK, I expect that in such a situation where the seller gave me false information I should have a right to also get my money for the shipping back as I placed my order based on the promises of the seller which he couldn't keep.

 

If possible, could anyone give me just a few details and if I have the right to get my money back, maybe tell me on what my right is based? Some paragraph or something like that would be useful which I could use in my next letter to the seller

 

 

Thanks a lot in advance and greetings!

 

Largo

[MARTIN3030]

Interesting-I wasnt aware that spares for TVs was something the UK was good at supplying.

However....I think we need more info.

Can you be more specific as to who you ordered these parts from ?

[Rooster-UK]

There are a number of companies in the UK.... not as many as there used to be, but....

 

Partmaster. (Currys).

C.P.C. (Preston)

Wiltsgrove (Birmingham).

R.S. (Birmingham)

Farnell (Manchester)

 

and a few others.

 

But I would have thought that the cost of shipping a small order would make it more commercially viable to source nearer home.

[Largo_Strata]

Thanks a lot for the replies so far

 

If possible I would like to not make the name of the company public yet, as long as I am not sure if they really did something wrong.

 

For now this is what I would like to find out and also I am interested in others opinions. I think it is clear that they should send me amount of money I spent for the shipping, even though they of course spent it, but it just seems unfair to not do that as otherwise I have a loss just because of their wrong information.

 

But I would like to know what the British law says about this, "should" they just give me back the money for shipping of do I have a legal claim on that?

 

Thanks again and greetings

[MARTIN3030]

Depends on their terms and conditions.

Its common for a buyer to have to pay shipping costs for returned items.How much are we talking about here?

[Largo_Strata]

Depends on their terms and conditions.

Its common for a buyer to have to pay shipping costs for returned items.How much are we talking about here?

 

It is a little more than 40 GBP, I did choose a faster was of shipping.

 

Actually they already refered to their terms and conditions but I wonder if there are some "higher" laws which say that in this situation they should compensate me because I placed the order in the first place due to their false information.

[heliosfa]

Which shipping are you trying to get back? The cost of sending it to you, or sending it back?

 

If they stated the parts would work with your set, and they subsequently turn out not to, you can reject the goods as they do not conform to contract under the Sale of Goods act.

 

This entitles you to a full refund of the monies paid in making the contract (so outbound postage). Return postage is covered as a "consequential damage" and should also be refunded. This applies even if their terms excluded it and they may be comitting an offence by trying to curtail rights under the Sale of Goods act.

 

I am fairly sure that the SOGA applies if you are buying from the UK and you are in Europe, so this might be the way to go.

 

Thanks,

H

[fujimar]

Hi:

 

To answer heliosfa's point.

 

Sales across boundaries within the EU are covered by European Directive 1999/44/EC, which set out to provide what EC legislators called a 'baseline' protection for all consumers in Europe

 

The UK Sale and Supply of Goods to Consumers Regulations 2002 enacted these regulations in UK law. They apply to traders who sell and supply goods (including hire and hire purchase) to consumers irrespective of the localion of the buyer. That is to say, if the seller is within the UK, the buyer can be anywhere in the world.

 

The obligations to provide goods of satisfactory quality are more or less the same as those stipulated under the Sale of Goods Act 1979 (see BIF 142 A Guide to the Sale of Goods Act 1979). The Regulations also require traders to provide remedies where goods are not of satisfactory quality.

 

On the more general point; if the goods were supplied to a specification, that is to say you specifically stated this part must work with TV model abcxyz-12345a then they are NOT of suitable quality - this is a SOGA suitability issue.

 

If however, you order part 12345 because you believed them to be compatible due to some advertising or representation then you are still covered by the SOGA but in this case it is a misrepresentation issue.

 

Rejection on grounds of suitability has to be resolved within six months if you want the onus to be on the seller after that and up to 6 years [England and Wales] or 5 years if purchased from Scotland the onus is on you to prove the goods were not suitable.

 

Misrepresentation follows the normal limitation rules of 6 years for England and Wales [5 years for Scotland]. The onus is always on you to make the case if you rely on misrepresentation.