Returned goods rejected as damaged

[Woteap]

I'm definitely having a run of bad luck at the moment. Can anyone help with advice on the following? I'm renovating my bathroom and ordered a new bath and its corresponding "bath cradle" from a retailer online. didn't really know what this cradle thing was as more used to bath legs but phoned up the manufacturer who strongly recommended it so I ordered it. To cut a long story short, after various delays and awful customer service from the retailer, I took delivery of this cradle only to find it's pretty much a polystyrene box with a bath shape cut out of it! Anyway, I didn't want to use it as it didn't look that strong to me so I phoned up the retailer to return it. They asked me to get it sent back to them at my own cost which I did - paid extra for a "White glove" courier service as the thing was only wrapped in shrink wrap and could be easily damaged. The courier gave me a receipt to say the item was collected in good condition and duly delivered it. The retailer's returns department allegedly found a scuff on the cradle when they unwrapped the shrink wrap (I hadn't even taken it out of the packaging) and a pen mark on the wrapping and have refused to accept the return. The courier says the scuff wasn't visible with the wrapping on and denies that any damage occurred to it whilst in his care and I believe him ( hes going to send me photos) Is there anything at all I can do to challenge that this item is a)damaged b) damaged after it was delivered to me originally - those marks could have been there under the wrapping all along. I know the small print says you should unwrap and inspect all goods before accepting them but I'm sure not everyone does this. It seems to me the retailer has all the rights and I have none?

[grasscarp]

I would give all the details to the head office of whatever company this is. They have asked you to return it and you have used the best possible courier and have his written word that it was in good condition. I would stress that you were persuaded to take it by them and now have this trouble with getting a credit. There is always further things to do if you get nowhere like reporting the matter to trading standards.

[gingejbee]

...and I'm pretty sure that (under Distance Selling regulations), you shouldn't be paying the return carriage, either!

[bednobs]

surely if you just change your mind you should?

[vodkancoke]

If you buy anything online, you have a seven day cooling-off period were you can return the goods for whatever reason:
http://www.direct.gov...sumerrights/DG_183048

The fact the item you bought was still in it's original packaging should tell them you didn't damage it. I would contact trading standards and see where you stand.

[bednobs]

yes but you still have to pay to send it back

[vodkancoke]

It depends what they state in their terms and conditions regarding returns

[gingejbee]

The regs say that the trader can make the consumer pay for returns ONLY if this is stated clearly at the time of ordering; otherwise it's down to the trader (and most of them don't like you to know this fact!).

[Woteap]

Thanks all. Will be writing to the company's customer service dept (although I hold little hope of redress that way going by the previous interactions with them but at least will have given them a chance to respond) and then prob Trading Standards.