Sale of Goods Act query

[Sandgrounder11]

Hello

 

 

Does anybody know if the SoGA covers who should pay for collection costs for a faulty item of furniture? If so, which clause of the SoGA covers this?

 

 

The retailer has agreed to make a refund for the faulty item, minus a fee for the cost of collection.

 

 

Thanks

[Sandgrounder11]

Sorry, I should add that the item was ordered in the retailer's shop / premises, not on the internet or over the phone, thanks.

[rebel11]

Here's some info:- http://sogahub.tradingstandards.gov.uk/

[Sandgrounder11]

Thanks for the link! This seems to suggest that the retailer is responsible for collecting the goods without charging a fee for doing so. Do you know if this is covered by section 36 of SoGA (quoted):

 

 

"36 Buyer not bound to return rejected goods.E+W+S+N.I.

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them."

[raydetinu]

If the item is faulty, it is up to retailer to put it right ( how he does that, repair or replacement will be as agreed ) but all at retailers cost.

Have you in fact rejected the item in writing in a reasonable time, i.e. quickly say within a few days or weeks. then it should at their cost, however if after a few months then possibly you would have to pay for return.

[Sandgrounder11]

Thanks Ray. Yes we've rejected the goods in writing within a couple of days of receiving them.Do you know which law / section of SoGA covers this situation?

[rebel11]

This is where the complete story helps, so information isn't given piecemeal.

 

How was the furniture purchased? i.e. instore, internet etc.

How did you pay for the furniture? i.e. credit car, debit card etc.

[raydetinu]

I understand your problem it is not clearly worded, so I would suggest you give trading standards a call to confirm that the retailer should bear all the costs.

under soga you are entitled to a FULL refund, so it should not cost you anything!

You have rejected the goods so retailer has to come and get it and refund your money.

if you paid by credit card inform them of the situation as well and you may be making a claim as retailer wants to charge for collection.

[rebel11]

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

[raydetinu]

That's the problem it is not clear!

Just says Full refund when faulty goods returned, does not say who pays for the return of delivered goods bought in store!

[ericsbrother]

Did you get the item delivered as part of the sale agreement or did you make separate arrangements? If the latter then it is up to you to return the goods to the store as it is deemed that it was a face to face purchase agreement not a distance sale. If delivery was part of the original purchase (ie free delivery) then it can be argued that this was part of the consideration and it is for the store to collect their property or suffer having to refund and you dispose of the goods should they not collect..