Terms and conditions?

[KZOR]

For those who follow my youtube videos should know that i recently purchased a product which was not working as it should have. This was also the opinion of the majority of vapers that purchased the same product.
One discipline in life that i find dear to my heart and mind is fairness.
I was refunded for the item but not for the R200 i spent on shipping.

So this is where the more knowledgeable people come in.
Below are extracts from the policy of the vendor, which i feel is relevant to my case, i purchased the product from.

" .......... will refund or replace the goods, however ......... will not be liable for the refund on shipping expenses unless it is due to an error on our behalf. Should there be a claim for a manufacture default the goods will be returned by the purchaser to ......... for replacement after receiving confirmation from one of the owners ........... "
"We offer a 7 day refund policy where should the purchaser feel the product has a fault we will exchange it. Refunds are only issued after all other recourses have been taken to rectify the problem with the purchaser, should the purchaser require a refund then the cost of getting the product back to ........... is at the purchaser expense and refunds will be processed on receipt of the goods. The goods must arrive with all components and must be returned in good condition."

My questions are the following :
1) If the product was faulty from the "get-go" who is liable for the shipping?
2) If the buyer is liable for the initial postage as well as the return postage,in this case, then is that fair?
3) Is it a vendors responsibility to ensure that a product being sold is checked and inspected before being advertised?

This post is in no means intended to target specific vendors but moreso to gain a better understanding of this specific scenario.
It is also intended to make buyers aware of the fact that vendors have policies in place and that it is very important to be aware of them.

 

[Rob Fisher]

In a case like this where the product was completely useless I feel the vendor should have refunded the shipping.

 

[RichJB]

It's a tricky one. If I buy a toaster from Game and it blows up the moment I get home, must Game pay for my petrol to take it back to them?

 

[Bizkuit]

I would be willing to forfeit the shipping costs of the original product. Costs of returning the faulty product and of the replacement I feel should be on the vendor.

 

[KZOR]

If I buy a toaster from Game and it blows up the moment I get home

Not the same. The product did not change in any shape or form.

 

[Amir]

I think it should be on the vendor to pay for the return shipping, or offer a credit note for said product as well as the value of the shipping

 

[RichJB]

Not the same. The product did not change in any shape or form.

Regardless of the reason for the product being returned to the merchant, I think current consumer law puts the onus and cost of return on the buyer. I don't think you'll find cases where any store will pay your petrol to return a product to them. If a B&M store will under no circumstances pay your petrol, even if the product return is 100% their fault, should an online supplier pay your shipping in the same scenario? I don't know, I guess that's for the role players in online consumer law to thrash out.

 

[Bizkuit]

Regardless of the reason for the product being returned to the merchant, I think current consumer law puts the onus and cost of return on the buyer. I don't think you'll find cases where any store will pay your petrol to return a product to them. If a B&M store will under no circumstances pay your petrol, even if the product return is 100% their fault, should an online supplier pay your shipping in the same scenario? I don't know, I guess that's for the role players in online consumer law to thrash out.

If its a local vendor with a BnM store I wouldn't mind to drive in to return the faulty product. Chances are I would be issued the replacement there and then. However if the vendor is more than a casual drive away it should be on the vendor. If I remember correctly online vendors like takealot shoulders the delivery and collection costs for replacing faulty products.

 

[RichJB]

I think it's a good PR move. Shipping costs are relatively trivial to a vendor and customer goodwill is key to return business. So, as a vendor, I'd think carefully before insisting that the customer pays the shipping on a return.

 

[BioHAZarD]

I would say the risk is on the seller as he is selling the product with the expectation of it working as advertised. If it turns out to be a dud the delivery fee should be refunded to the buyer.

 

[aktorsyl]

It may not be required of the vendor to refund the shipping, but it sure as hell would be the decent thing to do. I have my own personal list of vendors who go the extra mile and those who really couldn't give a rat's dingeling. A vendor who would own up to selling a rubbish product (not by their own fault, they wouldn't know until it's already sold in most cases) and make the necessary arrangements to rectify it, go on top of my list.

Vendors: it's not always about the money. Rep is important, in this industry just like any other.

 

[Huffapuff]

I feel your pain @KZOR and I certainly agree with the sentiment of the vendor covering the return delivery cost.

However, we pay for delivery to get our purchases to us, so why shouldn't we pay to send it back?

Just playing devil's advocate here!

 

[aktorsyl]

I feel your pain @KZOR and I certainly agree with the sentiment of the vendor covering the return delivery cost.

However, we pay for delivery to get our purchases to us, so why shouldn't we pay to send it back?

Just playing devil's advocate here!

Because we didnt break it

 

[aktorsyl]

Wait wait wait, I missed that part of your post... not refunding your initial shipping is bad enough, but they made YOU pay to send the faulty item back to THEM?
Seriously?

 

[BioHAZarD]

Wait wait wait, I missed that part of your post... not refunding your initial shipping is bad enough, but they made YOU pay to send the faulty item back to THEM?
Seriously?

that is standard practice AFAIK that we are stuck with

 

[aktorsyl]

that is standard practice AFAIK that we are stuck with

It's bloody poor is what it is.
Even Takealot (who can afford to annoy people) send couriers to pick up faulty items.

 

[RichJB]

It would be interesting to know whether Takealot are in line with consumer law and other vendors are taking chances, or if the other vendors are in line with the law and Takealot are doing it as a PR service. Any consumer law experts in da hood?

 

[BioHAZarD]

It's bloody poor is what it is.
Even Takealot (who can afford to annoy people) send couriers to pick up faulty items.

I have only had it happen once where I did not have to pay for the return courier costs. But I had to ask otherwise I would have to pay.

 

[aktorsyl]

It would be interesting to know whether Takealot are in line with consumer law and other vendors are taking chances, or if the other vendors are in line with the law and Takealot are doing it as a PR service. Any consumer law experts in da hood?

As far as I know, the CPA and ECT acts give the consumer right of return but does not oblige the vendor to pay for shipping.

My point isn't that the vendor is forced to do it, but that it's the decent thing to do if the device is faulty. If you return an item just because you changed your mind (which you can do), then obviously shipping is on you.

Sent from my SM-G935F using Tapatalk

 

[RichJB]

So would you expect Game to pay your petrol when returning a faulty toaster to them?

 

[KZOR]

Not sure i want to do business with vendors that adhere to this type of treatment. A certain vendor has also made so much off others paying for shipping that it is scary. I am not only talking about returns.
A few months back i enquired about a certain vendors' shipping policy when a purchase exceeds a certain amount. Their response initially was that the buyer was supposed to ask and then a free shipping code would be given. Now i see they have included a code in their shipping policy but heaven knows how much saving they have made through purchasers not realising this was the case.
This sort of thing makes me mad.

 

[aktorsyl]

So would you expect Game to pay your petrol when returning a faulty toaster to them?

If they shipped it to me, yes. If I fetched it, no. I could've done anything with that petrol, not just fetch the item. It's not a very apt comparison

 

[BioHAZarD]

So would you expect Game to pay your petrol when returning a faulty toaster to them?

if I am not mistaken the R5 petrol is negligent in this example. if however you drive to CPT on holiday and buy a product from Game but you subsequently want to return it at your normal place of residence which may be JHB, you would be able to take it to that branch and not ship it to CPT.

 

[BigGuy]

@KZOR Before hitting the forum like you have here and like you did with your previous posting on youtube do you not think it would be advisable to contact the vendor to try and resolve the issue. Everyone make mistakes. Also do you not think you should have questioned your discount coupon code that you received before using it today. We are always available on whatsapp or email or instagram or telephone call or messenger.

 

[RichJB]

if I am not mistaken the R5 petrol is negligent in this example.

What if you drove 25km to take advantage of a special at that particular Game store? Like an opening special or something? Let me put it in vape terms. I go to VapeCon and buy an on sale device from a vendor situated in the East Rand. I'm in the West Rand. I've already driven 120km (round trip) to get the device. I get home and the device is dead. I am 40km away from the East Rand. I can spend R3.50 per km AA rates x 80km = R280 plus toll fees plus parking plus losing half my Saturday to take it back to the vendor for return. I'd honestly rather courier it. Or should the vendor send a courier to my house?