Refund Policy For Mail Order Query

i_love_it

Basically I saw a Bag online in the sale but it was sold out. I managed to find one in a store in another town and ordered it over the phone.

When i recieved it it is much bigger than I imagined and so not suitable.

I notice on the receipt it says Mail order purchases of sale goods cannot be refunded.

The bag is not faulty, just not suitable for me, i know that if i bought it instore they are not obliged to refund just because i changed my mind but i thought mail order was different.

The bag was 295.00 in the sale from a reputable store.

Can I get a refund (Are the rules different for mail order)

ThinkingOfLinking

Yes, the Distance Selling Regulations were brought in about 1999,2000. You are entitled to a refund, without even having to give a reason.

shirlgirl2004

I don't think distance regs apply to goods ordered over the phone.

ETA sorry they do just not if you use a pay phone. How bizarre!

zenseeker

Flickering_Ember wrote: »

Yes, the Distance Selling Regulations were brought in about 1999,2000. You are entitled to a refund, without even having to give a reason.

More accurately, you are entitled to an exchange or store credit. Legally they only need to refund you if the item was faulty, which it is not.

dnomyar

zenseeker wrote: »

More accurately, you are entitled to an exchange or store credit. Legally they only need to refund you if the item was faulty, which it is not.

You are quoting from the sales of goods act not distance selling regs see http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/ - Distance selling regs were brought in to give the cunsumer extra protection as they are not seeing and holding the item they are purchasing and may only see a picture so you may not be sure the item is what you really need or want. Under the distance selling regulations, within 7 days of receiving your goods you are entitled to a full refund and do not need to give an explination (cooling off period). You may have to pay for postage though! With regard top what they put on your receipt, it makes no difference if the item is a sale item, full price or free (There are exceptions to the rule but these are not one of them) Also the exceptions to the rules covers auctions and internet auctions http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/regulation-exceptions, but this does not cover buy now as you are excluding from an auction as you are buying direct. I would ring the company (ask for persons name you are speaking to ,make note) explain to them that you no longer require the item and state that you are still within your cooling off period (if within 7 days) under the distance selling regulations and would like to organise a return for a full refund. If they refuse and state they are not covered, from the link above for exceptions read list out and say you are on the trading standards website and advise them that sale items are not an exception. If they still refuse ask to speak to a senior manager before you report them to trading standards. Hope this helps.

didi_nodebt

I don't think so, this is a SALE item not a normal everyday item, different rules apply especially as they have already stated that SALE goods will not be refunded. Furthermore you are only returning the goods as its too big for you not that there is anything wrong with the item.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Q8. Can I claim a refund on sale items?
It depends on why you want to return them. The Sale of Goods Act still applies, but you are not entitled to a refund if you were told of the faults before purchase, or if the fault should have been obvious to you. Also, you are not entitled to a refund if you simply change your mind about liking the goods.
Q9. Must I accept a credit note instead of a refund?


It depends on why you want to return the goods.

• If you have changed your mind, then the shop doesn't have to do anything.

• But if the goods are faulty, incorrectly described or not fit for purpose, then you are entitled to your money back (provided you act quickly), and you certainly don't have to take a credit note

• If you do accept a credit note in these circumstances, watch out, as there may be restrictions on their use.

• If the shop displays a sign stating they only give credit notes instead of refunds, they might be breaking the law and you could report them to Consumer Direct on 08454 04 05 06. Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.

Shirlgirl, the sale of goods act covers any item bought, if you call a mail order company say NEXT and you order your goods over the phone, you are covered....whether you use your computer or you call the company by phone.

Distance Selling (Mail Order, Telephone and Internet Shopping) Quick Facts

Subject: Distance Selling (Mail Order, Telephone and Internet Shopping)

Relevant or Related Legislation:

Distance Selling Regulations (DSR) 2000.

Consumer Protection (Distance Selling) Directive 97/7/EC.

Electronic Commerce Directive 2000.

(Other consumer legislation may apply according to circumstances)

The Government’s Safe Internet Shopping campaign provides consumers with the information they need to shop safely. You can view further advice on the Consumer Direct website

Key Facts:

• The Distance Selling Regulations apply to both goods and services, where the contract is made without any face-to-face contact between supplier and consumer.

• Certain goods and services are exempt from all or part of the Regulations.

• The Office of Fair Trading, Trading Standard Departments of local authorities in England, Scotland and Wales www.tradingstandards.gov.uk and the Department of Enterprise, Trade & Investment in Northern Ireland (www.detini.gov.uk) are the designated enforcement authorities for these Regulations.

derrick

i_love_it wrote: »

Basically I saw a Bag online in the sale but it was sold out. I managed to find one in a store in another town and ordered it over the phone.

When i recieved it it is much bigger than I imagined and so not suitable.

I notice on the receipt it says Mail order purchases of sale goods cannot be refunded.

The bag is not faulty, just not suitable for me, i know that if i bought it instore they are not obliged to refund just because i changed my mind but i thought mail order was different.

The bag was 295.00 in the sale from a reputable store.

Can I get a refund (Are the rules different for mail order)

Yes you can, you do not need a reason if you return them within 7 working days following receipt of goods; - from BERR

Q1. What is distance selling?
Distance selling covers goods or services sold without face to face contact such as through the internet, digital TV, mail order including catalogue shopping, phone or fax.

i_love_it

Hi and thanks to everyone who posted, even though the advice is conflicting and i'm stil a bit confused! I did a bit of googling after I posted this as I did think I was covered under distantant selling regs, but the print on the receipt threw my understanding. I've returned the bag by post, so I'll the call the store in a couple of days if I don't hear from them first.
just wanted to have my facts straight incase of any dispute, I'll go with distant selling and see how I get on.....

zenseeker

Basically, Distant Selling rules should entitle you to a replacement (which is of course out), exchange (if you can find something that you want instead) or store credit (so you can go back later and choose something). They do not have to offer you a cash refund as there was nothing wrong with the item, you just changed your mind.

keith99_2

You can cancel your order and pay nothing within the 7 day cooling off period if buying by phone or email.
http://www.consumerrightsexpert.co.uk

i_love_it

zenseeker wrote: »

Basically, Distant Selling rules should entitle you to a replacement (which is of course out), exchange (if you can find something that you want instead) or store credit (so you can go back later and choose something). They do not have to offer you a cash refund as there was nothing wrong with the item, you just changed your mind.

Were did you find this information please.
The store assistant manager has rang to say she will send gift vouchers which I don't want. I have bought the bag from another store in london in the smaller size which the original store did not have.

I offered the distant selling regs and she says it doesn't count as it is from a store (even though i ordered over phone.

I've left her to speak with manager but i don't know where to go for correct advice, even all the posters here have a different idea of the rules.