Returning faulty goods - Who pays shipping?

[Dos_Box]

I'm a bit miffed at this. I have to return a faulty piece of home theatre equipment I brought from Amazon in April as it has developed a fault. The item has been accepted for a return by the manufacturing company, however it weighs 18KG and they want me to pay for the postage/shipping which is about £25. What I want to know is, whose responsibility is it to pay for shipping? Their returns policy has it listed as follows:

 

Products are returned to %companyname% at Your own risk and expense, and should be sent using suitable methods to ensure safe and proper delivery to %companyname%, as %companyname% cannot be held responsible or liable for any items lost or damaged in transit.

 

However as far as I'm aware, the UK consumer rights has it that the company who it is being returned to must pay postage/shipping if the item is still under warrenty. Who is right?

[Dos_Box]

Aha! Just found this on this OFT document: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf para 3.68

 

If goods develop a fault within the first six months of being sold,the law presumes that the fault was there when you sold the goods –

unless you can show otherwise. You should not charge return costs

for goods that have been rejected because they are faulty.

[SteveBentley]

"Goods that are rejected because they are faulty" implies it's going back to Amazon rather than to the manufacturer to me.

 

That paragraph suggests that you should be forcing Amazon to take it back under your statutory rights rather than being fobbed off with the manufacturer's warranty.

[Dos_Box]

Well, Amazon only have a 30 days returns policy, the company I returned it to say that they (Amazon) must pay shipping costs. It's a horrible mess. I had to get it returned today and will see what I can do about getting Amazon to refund the postage.

[SteveBentley]

Amazon can have whatever policy they want, but that doesn't trump your statutory rights to reject faulty goods and have the supplier replace them.

[Dos_Box]

Yes, but who is classed as the 'supplier'? I suspect I shall be led on a very large game of 'round the houses'. Time to find a decent consumer rights forum and get some advice I think.

[teejay]

Was it purchased through Amazon and sold by Amazon or was it sold by a third party through Amazon?

[apeo]

Let us know how you get on Dos_Box, its something that has always confused me and it would be good know exactly what our rights are. I've had to return stuff before (where product was faulty), and fortunately the etailer paid for the postage. Most recently I sent back a motherboard, and it was replaced without fuss or cost to myself but I did return the product within the 14 days cooling off period.

[jinnantonnixx]

I think that you have to stump up the return postage costs. Some suppliers will refund you, but when I last looked at this, they didn't have to. Perhaps I am wrong.

 

It's a similar situation to, say, returning to Currys with a faulty TV and asking for your petrol money back.

[Dos_Box]

Was it purchased through Amazon and sold by Amazon or was it sold by a third party through Amazon?

 

It was sold though Amazon directly. However once you try and return it (you have to go to your purchase history and do it from there) it simply says that it's out of the 30 days returns period and you should return it to the manufacturer, who in turn say it should be returned and paid for by Amazon.

[SteveBentley]

The magic words "Sale of Goods Act", "Citizen's Advice Bureau" or "Martin Lewis" will probably help them to remember the bit about "your statutory rights are not affected".

[featured_spectre]

I had a similar issue with a portable DVD player. It developed a fault 5 months in and would not read ANYTHING, including USB sticks etc that were plugged in.

 

Took me 2 months to claim back the postage, and it turned out Amazon had to pay. As the supplier of the goods, the onus is on them to pay for the postage for faulty goods, as per the law and statutory rights. I got the help I needed from here

 

Money Saving Expert The people there have been fantastic in helping me out.

[sparkeh]

Bit more info from:Returning goods bought by distance sale

[h=2]When the trader must pay for the cost of return[/h]The trader must pay for the cost of return if:

 

• you cancel the contract because the goods are faulty
  

[michael2k6]

The mistake you've made there is keeping the product. I've had this before - put in writing that it has a fault and you want a full refund or a replacement product.

It's their responsibility to collect it. it's the same when you've had a faulty phone ordered online - they sent me a new one and arraged courer for the old one. It's the suppliers responsibility - so Amazon.