Refund Policy For Mail Order Query

dnomyar

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.

Your still reading from the sale of goods act and thats right for some cases under the sale of goods act if an item is faulty but not if an item is bought over the phone, internet or mail order and you just want to return an item. As long as you are within 7 days cooling off period you can, under the regs below. Its handy to keep book marked.

From [SIZE=+2]http://www.opsi.gov.uk/si/si2000/20002334.htm

Statutory Instrument 2000 No. 2334[/SIZE][SIZE=+1]The Consumer Protection (Distance Selling) Regulations 2000[/SIZE]
Cancellation period in the case of contracts for the supply of goods
11. - (1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of goods begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (5).

(2) Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods.

Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security
14. - (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

For these its best to go to the OFT website and find info out direct from there to the actual act on the government website.

blueberrypie

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.

Whatever site you use, yes, they are wrong. The Distance Selling Regs are very clear: with few exceptions (such as custom-made pieces), customers have a right to return goods for a full refund.

The Distance Selling Regs are at http://www.opsi.gov.uk/si/si2000/20002334.htm and the bit you need to read is Section 14 (1):

"On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5)"

zenseeker

But the seller is covered by the sale of good act:

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.

So by virtue of the Sale of Goods Act, they do not have to offer a cash refund.

There is a big problem with the SoGA and DSR contradicting each other, and there are a lot of grey areas.

deanos

Zenseeker it seems you do not understand the SOGA and the DSR and are confusing the 2

blueberrypie

zenseeker wrote: »

But the seller is covered by the sale of good act:

So by virtue of the Sale of Goods Act, they do not have to offer a cash refund.

There is a big problem with the SoGA and DSR contradicting each other, and there are a lot of grey areas.

No, not at all.

Both Acts provide protection for the consumer (as do others, such as the Consumer Credit Act). The consumer only needs to be entitled to something under one Act for it to be applicable, and retailers must comply with both.

dnomyar

zenseeker wrote: »

But the seller is covered by the sale of good act:



So by virtue of the Sale of Goods Act, they do not have to offer a cash refund.

There is a big problem with the SoGA and DSR contradicting each other, and there are a lot of grey areas.

No Grey areas. The consumer is covered by both, so if you ordered online, by phone or by mail order and within the 7 days cooling off period, you can return for full refund under the DSR. If you bought in the shop, then DSR does not count. Laws allways contradict each other, but still apply depending on the circumstances!

derrick

dnomyar wrote: »

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.

The original p&p is refundable under DSR, from Consumer Direct ; -
"if returning goods you are entitled to a refund of the original delivery cost but check the terms and conditions to see who will cover the cost of returning them"

The return p&p might be refundable, it depends on the contract and if the consumer was made aware of it.