Returning wrong item a year late

cruizer101

Bit of a strange one last year I ordered a pair of wellies for electric picnic however I had left it too late and they took a bit longer to arrive then expected so I missed out on getting them for the weekend, my own fault no problem with that.

So this year going to electric picnic again and thought yay I get to wear my wellies that I ordered so I go root them out and discover they are not the size I ordered, I ordered a uk7 these are a uk4. The wellies are a year old but the first time they have even fully been removed from packaging was today.

Now I've sent off an email to the site where I ordered them asking for exchange, just sent that this evening plan on ringing them tomorrow to try and sort it, so my questions are: What are my rights here? Am I entitled to an exchange for the right size (they still appear to sell the same welly)? What about the shipping cost, who covers that? Does the fact that it is nearly a year sice the order change my rights?

Thanks for any advice

slimjimmc

Personally I wouldn't hold out much hope after a year, but there's no harm in asking them.
Imo any exchange will at the sellers discretion and on their terms so you might have to carry some of the cost.

I don't believe you have any legal right to remedy since you've effectively accepted them by default
- you've had more than ample opportunity to examine the goods to check they met the contract
- you kept them for a year without informing the seller anything was wrong

Sect 20 Sale of Goods and Supply of Services Act

Buyer's right of examining the goods.

34.—(1) Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.

(2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.

Acceptance.

35.—The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or, subject to section 34 of this Act, when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller or when, without good and sufficient reason, he retains the goods without intimitating to the seller that he has rejected them.

dudara

Normally sending a wrong size would be the retailers fault and it would be up to them to fix and cover the costs.

However, as slimjimmc points out, you've had the goods for a year, which means that there was ample time to inspect the goods.

However, there's no harm in asking politely. Lots of retailers are good on customer service and you never know what will happen.

JimsAlterEgo

dudara wrote: »

Normally sending a wrong size would be the retailers fault and it would be up to them to fix and cover the costs.

However, as slimjimmc points out, you've had the goods for a year, which means that there was ample time to inspect the goods.

However, there's no harm in asking politely. Lots of retailers are good on customer service and you never know what will happen.

Totally agree, this requires a nicey nicey approach