Distance selling an...
 

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[Closed] Distance selling and return costs?

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 sv
Posts: 2811
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Topic starter
 

Bought a gps watch from sports direct couple of weeks ago now it won't hold a charge. Do I have to pay the return postage for an exchange?

Thanks.


 
Posted : 30/01/2016 8:08 am
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No, they pay if its faulty


 
Posted : 30/01/2016 8:18 am
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They're liable unless they state clearly in the terms of sale that they aren't. It's something they can legitimately opt out of, but they have to make that information available before you buy.


 
Posted : 30/01/2016 12:38 pm
 gogg
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What he said, check their T's & C's.


 
Posted : 30/01/2016 12:52 pm
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Cougar - Moderator
It's something they can legitimately opt out of

Really?


 
Posted : 30/01/2016 12:52 pm
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Any terms and conditions that say you must cover the cost of returning an item wouldn’t apply where the goods being returned are faulty.

And it's the Consumer Contracts Regulations now


 
Posted : 30/01/2016 1:02 pm
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not 100% on the revised law but think only "opt outs" are personalised goods

there are a lot of terms and conditions that are unreasonable and ignore the law but that doesn't mean companies won't ask employees to try and use them

I'd suggest you take it back to a Sports Direct shop but life is way to short to make that work ...I'm a fan of their cheap stuff but I'd actually pay double to get out in half the time

edit make that 1/4 of the time just rememberd how long half the time is


 
Posted : 30/01/2016 1:10 pm
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t's something they can legitimately opt out of, but they have to make that information available before you buy.

Absolutely not. If the goods are faulty, irrespective of what any T&Cs say, the retailer is liable for the cost of return. See:

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

This only applies to things which are faulty from the off. But within the first six months, it's up to the retailer to prove that they were not faulty, rather than the consumer to prove that they were. A sports watch which fails to hold a charge after only two weeks, has probably been faulty all along.


 
Posted : 30/01/2016 1:51 pm
 sv
Posts: 2811
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Topic starter
 

Thanks all, it's only had one and a half runs not even 2hours out if a full charge. It then didn't even hold the full charge for two dats with any logging! So faulty from the start...


 
Posted : 30/01/2016 10:43 pm
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Absolutely not. If the goods are faulty, irrespective of what any T&Cs say, the retailer is liable for the cost of return. See:

Ah, you're right, that's changed under the new rules.

Any terms and conditions that say you must cover the cost of returning an item wouldn’t apply where the goods being returned are faulty.

I sit corrected.


 
Posted : 31/01/2016 11:43 am

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