Return of item refused due to Covid risk

[broncoupe]

Help please
Bought an item to install in a clients car on day of installation item was Dead out of box the supplier only contacts via website so communication slow and frustrating as from my end still happy i installed as per there instructions and unit faulty
Now the complication
that evening i ended up in an ambulance with Covid pleased to say NHS bloody wonderful and now regaining full strength
So i contact company after this 2.5 week lapse in my life was honest and they say cant help you had covid so we cant test or take unit back
How can that be the item in my opium is faulty i cant fit it or sell it with out it being tested or I think refunded but they are refusing
Does anyone know the legal position this item costs nearly £500 its ridiculous
thanks

[Chromegrill]

UK purchase?

Results from studies that inform infection prevention guidelines advise a minimal risk of infectivity on hard surfaces such as plastic or glass after 72 hours. In the UK (e.g. link) and USA (e.g. link) the usual advice is that 72 hours quarantine should be enough time for any surface contamination to have dissipated, and for instance gifts brought into care homes have been quarantined for that reason during the major waves of infections.

Since you are now 2 1/2 weeks post test result, then unless a household member is still quarantining through having the illness themselves and is exposed to the item there should be minimal risk of contamination. The company therefore should have no grounds for concern about the item from the position of COVID-19 infectivity. If they refuse to accept an exchange could you try pursuing them through their local trading standards team? Or pursue a refund through your bank or even insurance company? I would doubt they would have published a disclaimer saying they won't offer refunds to people who develop COVID-19 at the time of purchase.

Further guidance about refunds and contracts during the pandemic include
https://www.gov.uk/government/publications/cma-to-...

https://www.which.co.uk/news/2021/02/coronavirus-e...

Declaration of interest: not a lawyer; I am a medical doctor and public health consultant so am familiar with the medical aspects of these sorts of queries professionally.

[broncoupe]

Thank you for your reply a lot of useful information common sense i know but this company are being unprofessional

[HiAsAKite]

Surely if its faulty, they should refund or replace anyway?

The rest is irrelevant?

[Flumpo]

HiAsAKite said:

Surely if its faulty, they should refund or replace anyway?

The rest is irrelevant?

You would think so.

Although I bought some lights from a garden centre last summer. They didn’t work so I took them back, they point blank refused to even do a refund due to Covid. They said they couldn’t take the item back, a bit like these have done with the OP, the lights could have Covid. They acted like this little pack of lights was a bomb.

I was told to come back when Covid was over, whatever that means. they were only £9.99 so I just won’t buy anything from there ever again.

[Plus8]

I think a few on line retailers have used the “COVID” excuse in not accepting returns. When I bought some bathroom fixtures and fittings from an on line retailer, they specifically said in their t’s and c’s that they wouldn’t accept returns due to “contamination “ or similar words. Fortunately I didn’t have any issues but always wondered what would happen if any of the items were faulty. Can’t believe they would send out another without the original being collected/returned, particularly the high cost items.

[andburg]

if they wont accept the return fine, tell them to issue the refund and you'll dispose of the item.

[Burwood]

broncoupe said:

Thank you for your reply a lot of useful information common sense i know but this company are being unprofessional

how did you pay for said item
did you buy via the internet/distance? I assume so.

Covid is completely irrelevant. They owe you £500. How you extract that when being difficult will be down to how you paid. If CC/debit card section 75/charge back. If any other method without recovery assistance, issue county court claim. very simple and you will win 100%. start documenting-pain in the ass but some people are unreasonable and only react to force.

Don't get drawn in to Covid-inanimate objects dont get/have covid. And the fact is even if it could that's tough st for the vendor because the law does not recognise covid as a reason to shirk his responsibilities. Just take the asshole to court-will cost you a few quid and almost a certainty he will cough up when the claim drops

And looking at your profile i see you are a professional installer of various car tech so you know the item is faulty-it's laughable. Im guessing you've dealt with these clowns before-great service

Edited by Burwood on Wednesday 14th July 18:05

[mmm-five]

Don't forget that this is probably a B2B purchase, so their rights might be different to a B2C purchase.

The contract the OP has with the supplier is where they'll need to look.

[vaud]

mmm-five said:

Don't forget that this is probably a B2B purchase, so their rights might be different to a B2C purchase.

The contract the OP has with the supplier is where they'll need to look.

True, but many sales conditions still apply to B2B and this would be viewed, in my opinion, as an unfair contractual term.

[Richieboy3008]

T

[Pontoneer]

Chromegrill said:

UK purchase?

Results from studies that inform infection prevention guidelines advise a minimal risk of infectivity on hard surfaces such as plastic or glass after 72 hours. In the UK (e.g. link) and USA (e.g. link) the usual advice is that 72 hours quarantine should be enough time for any surface contamination to have dissipated, and for instance gifts brought into care homes have been quarantined for that reason during the major waves of infections.

Since you are now 2 1/2 weeks post test result, then unless a household member is still quarantining through having the illness themselves and is exposed to the item there should be minimal risk of contamination. The company therefore should have no grounds for concern about the item from the position of COVID-19 infectivity. If they refuse to accept an exchange could you try pursuing them through their local trading standards team? Or pursue a refund through your bank or even insurance company? I would doubt they would have published a disclaimer saying they won't offer refunds to people who develop COVID-19 at the time of purchase.

Further guidance about refunds and contracts during the pandemic include
https://www.gov.uk/government/publications/cma-to-...

https://www.which.co.uk/news/2021/02/coronavirus-e...

Declaration of interest: not a lawyer; I am a medical doctor and public health consultant so am familiar with the medical aspects of these sorts of queries professionally.

Furthermore , banks quarantine cash for 72 hours for the same reason .