gearbox was wrong - postage?

borgyz

New Member
Nov 22, 2012
3
0
0
hello, i bought a gearbox for £234 including postage from a breakers yard for my car and they sent the wrong gearbox. they want me to return the gearbox at my own cost for a refund of £195 as they will not pay postage costs. is this right?
thank you
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
No this is not right. As per the Distance Selling Regulations, if you are sent incorrect/damaged goods, it is the duty of the seller to arrange collection of the goods. The buyer can return the goods as per the terms of the contract, however the costs are for the seller to pay.
The buyer can return the goods at their own expense after agreement of the postage cost being refunded later.

Also you should receive a full refund as this is a breach of condition.
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
No problem, do bear in mind that you have a duty of care for the gearbox for 21 days, after this however you do not have a duty of care and could leave it in your garden if you really want to.
 

borgyz

New Member
Nov 22, 2012
3
0
0
thanks, you won't believe how much stress and hardship this is causing. they have agreed to issue a refund once they recieve the gearbox back, ispoke to them and pointed out it was their error in sending the wrong one and they said they'll arrange a courier to collect it and then issue a refund, i'm not 100% confident theat they will collect it or refund as it has taken in excess of 20 phonecalls as they never call back and were always fobbing me off with 'we have the right one here and we'll send it this afternoon' when in fact they didn't have one at all. my credit card company said they will not get involved until the gearbox has been returned but i cannot claim for return postage as i would have agreed to pay it. I'm worried that i'll be stuck with a gearbox i have no use for and no refund. what would be the best thing for me to do? many many thanks for your replies, it has helped me and my wife to calm down a bit lol.