Distance Selling Regs: Am I right?

richcope1

I have bought a car carpet (don't ask) online and wish to send it back. Personally I believe it to be an incorrect item (black and grey are not the same colour in my opinion) but, if we assume that I am merely sending it back under the DS regs where do I stand? It has been sent back today (6 days/4 working days after it arrived) the T's & C's on the site say

"Orders cancelled after dispatch & parts wrongly ordered/ correctly supplied but no longer wanted will be replaced for goods of equivalent value or be subject to a 30% handling charge, and must be returned within 7 working days. We reserve the right to only issue a credit note in certain situations."

Distance Selling regs say

"You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them.."

Obviously I've paid the postage to send it back, to me that is the "direct cost of returning the goods" but I also agreed the T's &C's went I bought it since they say that

"Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyers' acceptance of these Terms."

Assuming I don't bother to dispute that it's not what I actually ordered where do I stand? Can they really charge me 30% handling fee or give me a credit note instead?

P.S The full story is a little more complicated and includes them denying the DS regs exist and telling me I couldn't have a refund at all when I phoned them to inform them I was returning them item. I've shipped it anyway by Parcelforce 48 so I have a day to clarify my position.

Optimist

Im assuming this wasn't a made to measure item specifically for you

They are not allowed to make a restocking charge and must refund your money.

You don't mention which company but reporting them to trading standards would not go amiss

richcope1

Thanks for the reply, no it wasn't made to measure, second hand from a breakers yard.

I am waiting to see the outcome before I name and shame but rest assured I will if they don't play ball. It could always be possible I spoke to a really crap member of staff or that they think I've had the item longer than I have since it was ordered about 2 weeks before it arrived.

All my comunication with this company is through a 3rd party website, I refused to use the phone so i can keep a record of everything (I will post the full transcript when I'm done so you can have a gander;-) )

Also, am I right in thinking the DS regs are the minimum they can do so? (this isn't related to my problem, just curiosity) So if a company wanted to they could extend the 7 working days to say 14 but charge a restocking fee if not returned in the first 7 days as they arn't technically obliged to refund at all after that?

The law is complex :-s

Pound

They could do that, yes. The DSR just gives you certain protections within 7 days.