Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Andyhhh
    • By Andyhhh 16th May 17, 9:23 AM
    • 53Posts
    • 2Thanks
    Andyhhh
    DSR - sale items excluded?
    • #1
    • 16th May 17, 9:23 AM
    DSR - sale items excluded? 16th May 17 at 9:23 AM
    Hi folks
    Would much appreciate your views on this please.
    My girlfriend has just purcahsed a posh £275 bag from:

    http://www.pickett.co.uk/faq/index/categoryshow/cat_id/2/

    Unfortunately, ungrateful me doesn't like it and would like the freedom to look at other retailers - so I looked at the FAQs about the refund. Its states the following:

    If you are not completely satisfied with your purchase, we will be happy to offer a refund, in accordance with the terms below.
    A full refund (excluding original delivery charge) will only be issued if the goods are returned within 14 working days of receipt. Your receipt will be required for proof of purchase and any refunds will be made by original payment method.
    Unfortunately, we are unable to offer refunds for Bespoke, Personalised and Sale items.


    I didn't think the DSR right excluded 'sales items' which mean Picketts policy is breaking the law if I want a refund?

    I've looked on the gov.uk website and cant find any exclusions for sale items - am I being thick, or can anyone point me towards the specific text within the legislation please?

    MTIA

    Andy
Page 1
    • London50
    • By London50 16th May 17, 9:45 AM
    • 1,444 Posts
    • 1,348 Thanks
    London50
    • #2
    • 16th May 17, 9:45 AM
    • #2
    • 16th May 17, 9:45 AM
    From the Gov website

    When you don’t have to offer a refund
    You don’t have to refund a customer if they:

    knew an item was faulty when they bought it
    damaged an item by trying to repair it themselves or getting someone else to do it (though they may still have the right to a repair, replacement or partial refund)
    no longer want an item (eg because it’s the wrong size or colour) unless they bought it without seeing it

    Link to site....
    https://www.gov.uk/accepting-returns-and-giving-refunds
    • Andyhhh
    • By Andyhhh 16th May 17, 9:50 AM
    • 53 Posts
    • 2 Thanks
    Andyhhh
    • #3
    • 16th May 17, 9:50 AM
    • #3
    • 16th May 17, 9:50 AM
    Thanks London50, much appreciated.

    So that answers the sale question - which is good news.

    Stupidly - I dodnt make it clear that she purchased it on-line, so the next question would be have we 'seen it' (and therefore excluded?) if purchased on-line?
    • Oakdene
    • By Oakdene 16th May 17, 9:55 AM
    • 960 Posts
    • 1,570 Thanks
    Oakdene
    • #4
    • 16th May 17, 9:55 AM
    • #4
    • 16th May 17, 9:55 AM
    Thanks London50, much appreciated.

    So that answers the sale question - which is good news.

    Stupidly - I dodnt make it clear that she purchased it on-line, so the next question would be have we 'seen it' (and therefore excluded?) if purchased on-line?
    Originally posted by Andyhhh
    Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren’t faulty. Sales of this kind are known as ‘distance selling’.
    You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.
    You must refund the customer within 14 days of receiving the goods back. They don’t have to provide a reason.
    • neilmcl
    • By neilmcl 16th May 17, 9:56 AM
    • 9,465 Posts
    • 6,447 Thanks
    neilmcl
    • #5
    • 16th May 17, 9:56 AM
    • #5
    • 16th May 17, 9:56 AM
    DSRs no longer exist, it's the Consumer Contracts Regulations (CCR) you should be looking at. The bottom line is you purchased it online and if the contract was made entirely by distance means then you are entitled to cancel the contract for a refund.
    • theonlywayisup
    • By theonlywayisup 16th May 17, 10:31 AM
    • 10,304 Posts
    • 6,918 Thanks
    theonlywayisup
    • #6
    • 16th May 17, 10:31 AM
    • #6
    • 16th May 17, 10:31 AM
    Hi folks
    Would much appreciate your views on this please.
    My girlfriend has just purcahsed a posh £275 bag from:

    http://www.pickett.co.uk/faq/index/categoryshow/cat_id/2/

    Unfortunately, ungrateful me doesn't like it and would like the freedom to look at other retailers - so I looked at the FAQs about the refund. Its states the following:

    If you are not completely satisfied with your purchase, we will be happy to offer a refund, in accordance with the terms below.
    A full refund (excluding original delivery charge) will only be issued if the goods are returned within 14 working days of receipt. Your receipt will be required for proof of purchase and any refunds will be made by original payment method.
    Unfortunately, we are unable to offer refunds for Bespoke, Personalised and Sale items.


    I didn't think the DSR right excluded 'sales items' which mean Picketts policy is breaking the law if I want a refund?

    I've looked on the gov.uk website and cant find any exclusions for sale items - am I being thick, or can anyone point me towards the specific text within the legislation please?

    MTIA

    Andy
    Originally posted by Andyhhh
    Not only are you entitled to change your mind, you are entitled to a FULL refund and that includes your original delivery charge (unless you paid more than the standard charge i.e. you chose a faster method).
    "I suggest you read who's thread this is and you will find its MINE". sic
    • macman
    • By macman 16th May 17, 10:35 AM
    • 40,735 Posts
    • 16,582 Thanks
    macman
    • #7
    • 16th May 17, 10:35 AM
    • #7
    • 16th May 17, 10:35 AM
    I think that the OP was asking as a supplementary question if there was a right to return sales items if purchased in store?
    There is no legal right to return if purchased in store at all, other than what is available under the store's own returns policy, which could be zero.
    No free lunch, and no free laptop
    • Oakdene
    • By Oakdene 16th May 17, 10:36 AM
    • 960 Posts
    • 1,570 Thanks
    Oakdene
    • #8
    • 16th May 17, 10:36 AM
    • #8
    • 16th May 17, 10:36 AM
    I think that the OP was asking as a supplementary question if there was a right to return sales items if purchased in store?
    There is no legal right to return if purchased in store at all, other than what is available under the store's own returns policy, which could be zero.
    Originally posted by macman
    But he clearly states that he didnt make it clear it was bought online

    Thanks London50, much appreciated.

    So that answers the sale question - which is good news.

    Stupidly - I dodnt make it clear that she purchased it on-line, so the next question would be have we 'seen it' (and therefore excluded?) if purchased on-line?
    Originally posted by Andyhhh
    • theonlywayisup
    • By theonlywayisup 16th May 17, 10:39 AM
    • 10,304 Posts
    • 6,918 Thanks
    theonlywayisup
    • #9
    • 16th May 17, 10:39 AM
    • #9
    • 16th May 17, 10:39 AM
    Op, this is a simplified version and should show you all you need to know.

    http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

    I suggest your partner emails and notifies the company that she is cancelling. Do this within the 14 day period. Then send the item back with the proof of purchase and a covering note explaining you are cancelling under the CCR and want a refund of the FULL amount you paid. Send the item using an insured and tracked service such as Special Delivery.
    "I suggest you read who's thread this is and you will find its MINE". sic
    • macman
    • By macman 16th May 17, 11:53 AM
    • 40,735 Posts
    • 16,582 Thanks
    macman
    But he clearly states that he didnt make it clear it was bought online
    Originally posted by Oakdene
    Yes, but he also seemed confused as to the definition of 'seeing' the item. However I assumed from the outset that it was purchased online, and was attempting to outline the circumstances under which a return would not be offered-which might benefit others.
    An alarming proportion of consumers seem to think that a refund is a 'legal right' just because they change their mind after purchase.
    No free lunch, and no free laptop
    • Hermione Granger
    • By Hermione Granger 16th May 17, 12:03 PM
    • 698 Posts
    • 1,058 Thanks
    Hermione Granger
    An alarming proportion of consumers seem to think that a refund is a 'legal right' just because they change their mind after purchase.
    Originally posted by macman
    But in many cases, a refund for a change of mind is a legal right even if the purchase was made face to face in a shop.
    If a shop has an advertised policy stating that returns can be made for any reason (such as John Lewis) then the terms of the policy form part of the contract of sale and are legally binding on both the buyer and retailer.

    Because many retailers have a similar policy, it's easy to see why many people wrongly assume that this applies to all retailers.
    • unholyangel
    • By unholyangel 16th May 17, 1:48 PM
    • 10,703 Posts
    • 7,922 Thanks
    unholyangel
    Just to add...the cancellation period is normally 14 days from the day after you receive the goods. However, if the retailer does not comply with telling you that a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38 then the cancellation period is extended.

    If the trader provides the information otherwise than in accordance with part 2, the cancellation period is 14 days starting the day after the consumer received the information.

    If the trader never provides the information, then the cancellation period is 12 months & 14 days from the day after delivery.
    Money doesn't solve poverty.....it creates it.
    • macman
    • By macman 17th May 17, 1:35 PM
    • 40,735 Posts
    • 16,582 Thanks
    macman
    But in many cases, a refund for a change of mind is a legal right even if the purchase was made face to face in a shop.
    If a shop has an advertised policy stating that returns can be made for any reason (such as John Lewis) then the terms of the policy form part of the contract of sale and are legally binding on both the buyer and retailer.

    Because many retailers have a similar policy, it's easy to see why many people wrongly assume that this applies to all retailers.
    Originally posted by Hermione Granger
    It's not an automatic legal right. It's a discretionary right granted to the purchaser by the seller that goes beyond their statutory rights, and can of course be as generous or as limited as the retailer wishes. As you say, most larger retailers offer some sort of rights to return, but it should never be assumed that they do.
    No free lunch, and no free laptop
    • bris
    • By bris 17th May 17, 8:45 PM
    • 6,563 Posts
    • 5,568 Thanks
    bris
    It's not an automatic legal right. It's a discretionary right granted to the purchaser by the seller that goes beyond their statutory rights, and can of course be as generous or as limited as the retailer wishes. As you say, most larger retailers offer some sort of rights to return, but it should never be assumed that they do.
    Originally posted by macman
    I think what Hermione was saying is that if the retailer states in their terms that they will allow a return for change of mind then this does become a legal right as it forms part of the contract.


    The don't have to but if they do then legally they are bound by it.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

198Posts Today

1,131Users online

Martin's Twitter
  • The strange thing with a 4yr old is having to play & smile while inside feeling sick for those in trauma in my birth town #Manchester

  • Just a quick ta-ta for now. I'm taking the week off for family time with mini and Mrs MSE. So I won't be here much. Back after the bank hol

  • Ugh another one trying it! Beware https://t.co/Ab9fCRA76F

  • Follow Martin