Refund Policy For Mail Order Query

derrick

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.

Wrong, under DSR you do not need a reason to return for a full refund, the reason is that you cannot examine the goods as you would in a face to face shop, so you actually have better rights when purchasing from a distance re returning goods as you would in a shop; -

BERR ; -

Q3. I understand I can change my mind if I do not want the goods or services. Does that apply in all cases?
In most cases, the Regulations provide a 7 day cooling off period and a right to cancel during that period. The Regulations also allow traders to state the conditions and procedures for withdrawal, but require information about these to be supplied to the consumer.
The right to cancel allows the consumer time to examine the goods or services, as they would have when buying in a shop. The cooling off period starts when the contract is concluded and ends 7 working days after the day the goods are received (for services, 7 working days after the order is made). However, if a service starts immediately, before the end of the cooling off period, the consumer must be informed (in a durable medium) that they will not be able to cancel once it starts.

keith99_2

i_love_it wrote: »

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.

If you are inside the 7 day cooling off period, i would say you are entitled to refund, as per post by derrick above. Call the CAB or Trading Standards for further advice is the best option.

derrick

i_love_it wrote: »

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.

You ordered it over the phone, they sent it! It is covered by DSR.

Inform Trading Standards that this company is breaking the law,(DSR)!
From BERR, ( a government agency); -
Distance Selling Regulations

Distance selling means selling and buying by phone, mail order, via the Internet or digital TV. Such transactions are covered generally by normal buying and selling legislation, but they are also covered by special Distance Selling Regulations.

i_love_it

Sorted, SA called head office and a refund has been offered. Phew!

keith99_2

i_love_it wrote: »

Sorted, SA called head office and a refund has been offered. Phew!

Thanks to all who posted

Glad its sorted in your favour. Dont always think the negative posters who thinks they know best is always right.

dnomyar

didi_nodebt wrote: »

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.

The above legislation on the sales of goods act doeas not apply in this case as you are returning an item you purchased over the phone and returning within seven days for no other reason than you want your money back as not what you wanted. This you can do under the distance selling regs and as said previously are entitled to a full refund (excluding postage). The exceptions to the distance selling regs are here http://www.oft.gov.uk/advice_and_res...ion-exceptions sale items are not mentioned at all, so being a sale item makes no difference. Also they only state that sale items are not covered on the receipt after the purchase, which in law is only worth th paper its writen on - nothing. These are your statatory rights. So if they wrote on your receipt, "as you have paid by credit card, you now give us permission to take funds when ever we want or feel like" does this give them the right to break the law and take more money. No it doesnt, just like writing anything else on a receipt that goes againts your statory rights.

If they refuse to refund you, quote them the exceptions and the fact that what ever they put on the recipt makes no difference as is your statory rights. Advise them that if they fail to refund you, then you will report them to Office of Fair trading and Consumer Direct. Good Luck.

dnomyar

i_love_it wrote: »

Sorted, SA called head office and a refund has been offered. Phew!

Didn't see this when I posted my last post, well done!

dnomyar

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.

Zenseeker, please read up on distance selling regs if offering advice on them as you are entitled to a full refund (excluding cost of postage).

zenseeker

dnomyar wrote: »

Zenseeker, please read up on distance selling regs if offering advice on them as you are entitled to a full refund (excluding cost of postage).

Only if the item is faulty.

Maybe the regulations are written down wrong on the site I use, but it is clear according to that site that refunds are only an option if the item that you are returning is faulty, in the event that the customer has just changed their mind, they are within their rights to offer a replacement or store credit rather than a refund.

durham_girl

zenseeker wrote: »

Only if the item is faulty.

Maybe the regulations are written down wrong on the site I use, but it is clear according to that site that refunds are only an option if the item that you are returning is faulty, in the event that the customer has just changed their mind, they are within their rights to offer a replacement or store credit rather than a refund.

You are quoting the Sale of Goods Act not the Distance Selling Regulations. DSR means that you do NOT have to give an explanation for the return and you ARE entitled to a refund.