returning/refusing delivery of goods

[sophie_1003]

I ordered a bench from a company online (they also have a shop but it is a long way from where I live) but when it was delivered (by DHL) it hadn't been painted properly so delivery was refused.
I rang the company up on Friday to find out when my money would be paid back into my account but was told I would need to ring back today. I've not yet done so as would like some advice regarding the delivery charge-
This was £28, should they return this amount to me or are they not required to do so?
Also, can they legally charge me an extra £28 for the return of the bench seeing as it was refused on delivery? TIA

[ojread2]

DSR says:
Who pays for returning the goods if the consumer cancels
an order?
3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge.

http://www.oft.gov.uk...ts/general/oft698.pdf

What does it say in their T&C's?

[ojread2]

So, yes they can legally charge you another £28 return delivery if it says in their T&C's they will do so

[sophie_1003]

It says that they will deduct the cost of delivery but I thought it may differ seeing as it was not being sold as advertised (i.e. damaged)

[redcrx]

they may deliver the replacement without charging delivery

[sophie_1003]

I don't want a replacement just want my money back, it was for my Mum's and Dad's anniversary so wanted it to be in a good condition!

[sophie_1003]

http://whatconsumer.co.uk/buying-online/

Also just found this (Getting your money back heading) does this mean that they can only charge me for returning the goods (if they disagree that they are faulty), not the original delivery charge? Very confused and angry but want to get everything straight before I go in all guns blazing!

[ojread2]

when you say "I rang the company up on Friday to find out when my money would be paid back into my account but was told I would need to ring back today"

Are you after a refund of the whole value because you no longer wnat to buy form them? OR are you acceptign a replacement? If the latter I suspect they may not charge you for the delivery of your second item

[sophie_1003]

The former, as it's for a present don't want to risk having another one sent with exactly the same problem! Also, have found that I need to email them so will be doing that rather than ringing.

[bednobs]

i think you'll find that if you are now changing your mind and cancelling the order despite the fact they could send you another one, they will charge you for delivery

[sophie_1003]

OK thanks, am so angry about it but don't want to start threatening them with legal jargon that isn't true! If I could get to the shop I would go and pick out a replacement but as I can't I'm just worried that if they send a replacement it will be the same so would just rather have my money back!

[sophie_1003]

I have emailed the company stating that the bench had red oxide showing through the paintwork and so delivery was refused and I would like a refund. A man from the company has replied stating that they get the benches like that and it is shown in the picture that the paint work is 'distressed' (I've looked at the picture and admittedly this can be seen in the zoomed in image although appears damaged rather than a proper feature to me!)
However, he didn't mention anything about refunding any of the amount paid, how should I respond? Thanks for all the advice, have never had to return something like this!

[ojread2]

bednobs, the op has already the goods were damaged - therefore NOT chaning his mind at all. As it stand anyway, under DSR's the Op could well have changed his mind and STILL get a refund

OP you will be entitled to a full refund that may or may not include your delivery charge, as the goods were damaged upon arrival

[ojread2]

incidentally, how did you pay? also, he should have the goods in hand before refunding you - do you have a recipet of return?

[sophie_1003]

Paid by debit card and do not have a receipt of return, was actually delivered to my grandparent's house and they refused it (with my consent) and were not given anything by the man delivering the item. Have emailed them back just reiterating that I would like a refund, he didn't mention anything in his email about having or not having the item back yet.

[redcrx]

have you got a link to the item?

[sophie_1003]

http://www.architectu...m_virtuemart&Itemid=1
one described as 'Victorian Style Garden Bench'
Have said in the email back that I appreciate that they may receive them like this but it's not as I expected so would still like a refund, possibly meaning I'm 'changing my mind' rather than it being damaged?

[redcrx]

they dont say anything about a distressed look, they should mention it or at least show a better photo that gives the correct image.

I agree with you, that it does just look like the one in photo is battered. and red oxide on show isnt really going to offer a lot of protection against the elements.

[sophie_1003]

My thoughts exactly redcrx! Anyhow, have emailed stating I still want a refund but haven't heard back yet, if they haven't got back to me by tomorrow morning I will give them a ring.

[ojread2]

hmmm, I would be wary of using a site where you cannot view their T&C's before you buy?

However, wait until you get a reply but check your card/bank account as you may get a refund and still no email.
If your debit card has the visa logo on it, you should be entitled to a refund via the card anyway

Again, under DSR's you are allowed to change your mind, damage or no damage, you can still have a refund if they say you changed your mind

"What cancellation rights do consumers have?
3.22 The stage at which you provide your consumers with the required
written information (see paragraph 3.10) will affect when the
cancellation period ends.
3.23 Where the DSRs give consumers the right to cancel an order, this
right is unconditional and begins from the moment the contract is
concluded. Unlike when buying from a shop, the first time that a
consumer will typically have an opportunity to examine goods
purchased by distance means is when they receive them. The DSRs
give consumers who buy by distance means more rights than
consumers who shop in person. When a distance consumer cancels a
contract to which the cancellation provisions apply they are entitled to
a refund of any money they have paid in relation to the contract even
if the goods are not defective in any way. Please also see paragraph
3.46 for further information.

[sophie_1003]

oj, they have another site where you can view the T&Cs- http://www.bygones.net/view.asp?ID=5170
Thanks for all the advice, it is a Visa debit, does this mean I can get the full amount back with no deductions for cost of returning the item (or am I clutching at straws lol)
Will keep checking emails and bank account and will ring them tomorrow if needs be.