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Return postage costs?

(4 Posts)
frazzledbutcalm Wed 17-Jun-15 14:12:04

Not sure I'm posting in the best place so I may also post elsewhere.

I've bought a Fujifilm Instax Mini 8 camera in raspberry online. It's cost £100 for the package I chose. The camera arrived today .... it's the most horrible poo brown/orange colour! I've rang the company and they've said there's a 30 day money back/exchange period so that's all ok. BUT, I have to pay return postage costs. I've asked if they would, maybe as a goodwill gesture, refund my postage costs but they've said no because the camera is not faulted. I agree, but it's also not the colour I expected.

Should I have to pay the return costs?

TIA

LurkingHusband Wed 17-Jun-15 15:00:56

Unless the colour formed an essential part of the contract, you'll probably find a clause "pictures are for illustrative purposes only". In which case the retailer will adopt the point of view that they correctly fulfilled the contract.

This makes a return under SoGA invalid.

This leaves a return under DSR, which make the customer responsible for the return postage.

The crux of the matter is "it's not the colour I expected". Was your expectation reasonable ?

sadwidow28 Wed 17-Jun-15 15:05:41

Usually, it is the consumer's responsibility to pay for the return of unwanted items to the seller once the consumer has terminated the contract for change of mind. You have 14 days to return - and make sure it is trackable to prove that the item has reached its destination.

However, I would argue that you have been supplied with the wrong item i.e. you ordered Raspberry (red) and received a Burnt Orange colour instead. It may be that they ran out of Raspberry and sent Burnt Orange as a substitute item.

Somewhere in your parcel you should have written T&C outlining your rights under the Consumer Contracts Regulations.

www.legislation.gov.uk/uksi/2013/3134/made

frazzledbutcalm Wed 17-Jun-15 17:25:15

Thanks lurking and sad

My expectation was reasonable ... raspberry to me would be dark pink/off red type - this is more cross between red, brown and orange. When I rang the man said they'd had complaints about this colour already.

It was raspberry they sent ... but Fuji's idea of raspberry is obviously VERY different to mine and others idea! All the images I found online show a 'proper' raspberry colour (dark pinky).

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