Returning Garment For Refund Due To Defect Or Damage

[newbie99]

Hi I just received a garment from Mountain Warehouse online and discovered that the garment they sent me was like a returned product from another customer and was sent to me. It has the sighn of a labelm being removed, a hand written bar code, the sleeve and other areas were with visible manufacturing defect.

I telephoned the customer service and noticed the problem, but was not I could return it for an exchange or refund but I have to pay for the post and packing. Is this acceptable? To me it is their problem that they should have not sell an item that is defective.

Any suggestions to complaint for them to pay for the post and packing?

[Quizproquo]

Not true. They have to pay if the item is faulty. Send them an image of the fault and ask for prepaid returns packaging.
You have rights to this under the distance selling regulations, now called consumer contracts regulations.
You can find more here:

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

[gingejbee]

Tell them that they are breaking the law under the Consumer Contracts Regs....you would have to pay only if you had changed your mind. Most decent businesses would know that....some even include a returns label.

[newbie99]

Thanks Quiz. I will drop them an email and quote the following:

Returning faulty goods:

If you receive faulty goods and wish to return them, The Distance Selling Regulations are in addition to your other legal rights.
So, if your goods are faulty and don’t do what they're supposed to, or don’t match the description given, you have the same consumer rights as you have when buying face to face.
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.

[Buenchico]

Goods sold must be 'of satisfactory quality' [Section 9, Consumer Rights Act 2015]

Where they're not,a 'right to reject' is created. [Section 19, Consumer Rights Act 2015]

And, most importantly here, (quote) "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them . . ." [Section 20(8), Section 19, Consumer Rights Act 2015].

[Quizproquo]

Good call

[newbie99]

I won't be using this company again. It is jusdt hassle. They tried to even blame me that I have been wearing it!

In reality I only received it today and I have told them that to check the order number that should tell them when they dispatch the garment.

[gingejbee]

^^^I must add that I have bought some fleece tops from them recently, and everything went smoothly!

[Buenchico]

^^^ QPQ is behind the times!

The Consumer Protection (Distance Selling) Regulations 2000 (along with the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982) no longer have effect. They've been replaced by the Consumer Rights Act 2015 (which operates alongside the Consumer Contracts Regulations 2013).

[atalanta]

I have even heard of a case where no return label was sent to the customer, and no attempt was made to collect the faulty goods, so the customer told the company that s/he was going to charge for the storage ( at so-much per week) of the faulty item - and the company eventually had to pay up !

[vulcan42]

I don't really understand this, I have bought a number of items from this company and have had no problems. Also, the packages I received all had return labels ( for free postage) in them. One item was returned due to wrong size ordered and was exchanged without any hassle.

[Buenchico]

Vulcan42 appears to be in a minority!
https://uk.trustpilot.com/review/www.mountainwarehouse.com