Dell charging £20 to return under Distance Selling?

rs-px

Here's my story:

1. I ordered a Dell Mini notebook on the 5th Feb
2. It arrived today (26th)
3. I notice that the price has dropped £50 on the website. Don't know when this happened but it happened before the notebook was delivered to me
4. I ask for a refund of the £50
5. Dell say "No way"
6. I say, "OK, well I want to return this item -- distance selling regs." I intend to reorder at the lower price. Even with the cost of returning the item, I'll still be up about £40.
7. Dell say that I must pay them a £20 return charge.

I think they're wrong here and that I should be able to return it myself (it's only a tiny netbook -- about a tenner in postage with insurance).

Can they charge me a fee to return the item and, if they point blank refuse unless I do so, and they don't issue a returns number, can I just go ahead and return the item?

Here's what I've been using for guidance:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Henry_Hoover_2

I thought that, under the distance selling regulations, Dell must not charge you for returning an item, as you are entitled to inspect the goods at home.

Hopefully someone else will be able to come along and confirm.

rs-px

Henry_Hoover wrote: »

I thought that, under the distance selling regulations, Dell must not charge you for returning an item, as you are entitled to inspect the goods at home.

Hopefully someone else will be able to come along and confirm.

I think you're right, but I'd be interested to hear if anybody else has had run-ins with Dell. TBH this is the last time I'll be buying anything from them.

rs-px

loaner wrote: »

It's probably the last time they'll sell anything to you.

It's possible, but most businesses take the view that some money is better than no money. I don't think I'm asking for the moon on a stick here, and I'm not trying to rip them off. I ordered an item, the price fell during the time it took them to prepare and deliver the item, so I'm asking to be charged the lower price.

Amazon.co.uk and Apple have a policy whereby if the price falls within 30 days of your order, you get a refund (although you have to ask for it). They probably put this in place to avoiding !!!!ing-off customers, like Dell have dome with me.

Henry_Hoover_2

I've had a look through for you, and it states -

What specifically do I have to refund to the consumer if
they cancel?

3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.

and also -

Who pays for returning the goods if the consumer cancels
an order?

3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge.

3.56 If you did not include these details in the required written information
then you cannot charge anything. See paragraph 3.10. You can never
require consumers to pay the cost of returning substitute goods –
see paragraph 3.1 for more information.

So i'd suggest that you read the T&Cs, and see if it states that the customer must pay for the return.

Either way, you are still entitled to receive a refund for the original delivery costs that you paid.

So if you end up paying the £20, you're still £30 up.

marc.faulkner

Whilst I do not work for Dell, and have had no direct experience with them, I do work in the returns department of a large Internet retailer.

Under the DSR, you have a right to return an item to the retailer so long as you notify them within the prescribed time period.

Whilst they are allowed to expect you to return the item at your own cost, or arrange collection and levy a charge, they cannot simply charge you for the right to return - whether they call it a "restocking fee" or otherwise.

If they're playing silly beggars, post the item back to them (using a recorded delivery method, or a courier) along with a letter stating that you wish to reject the goods under your rights as a consumer, as prescribed by The Consumer Protection (Distance Selling) Regulations 2000 as amended, and that you expect to receive a full refund of your original purchase price along with any carriage costs that you paid originally.

If they still don't play ball, contact your local trading standards office with a copy of the letter you sent along with the proof of delivery showing they have received the goods back.

Good luck!! It really annoys me when retailers try to get out of their obligations like this...

Freddie_Snowbits

If the price had gone up, would the buyer be prepared to pay the higher price?

tomwakefield

rs-px wrote: »

Amazon.co.uk and Apple have a policy whereby if the price falls within 30 days of your order, you get a refund (although you have to ask for it). They probably put this in place to avoiding !!!!ing-off customers, like Dell have dome with me.

Amazon dropped this offer when they reduced the minimum spend for free postage to £5. Not sure about Apple.

tomwakefield

Henry_Hoover wrote: »

So if you end up paying the £20, you're still £30 up.

...assuming they wish to allow his custom. Some companies might just refuse, if they don't like being messed about.

Henry_Hoover wrote: »

I've had a look through for you, and it states -

What specifically do I have to refund to the consumer if
they cancel?

3.48

The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.

and also -

Who pays for returning the goods if the consumer cancels
an order?

3.55

If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge.

3.56

If you did not include these details in the required written information
then you cannot charge anything. See paragraph 3.10. You can never
require consumers to pay the cost of returning substitute goods –
see paragraph 3.1 for more information.

So i'd suggest that you read the T&Cs, and see if it states that the customer must pay for the return.

Either way, you are still entitled to receive a refund for the original delivery costs that you paid.

So if you end up paying the £20, you're still £30 up.

7.5 On cancellation of Products Consumer is obliged to return the goods to Dell in their original condition, undamaged & at the cost of Consumer.

7.7 On cancellation of the Order Dell will refund the price paid, less the direct cost of recovering the goods (when applicable), within a period of 30 days from date of cancellation.

From Dells T&C

rs-px

Freddie_Snowbits wrote: »

If the price had gone up, would the buyer be prepared to pay the higher price?

No, but that's obviously not the point.

To be honest, if the goods had turned up before the price dropped then I wouldn't have minded too much, although I might have been smarting a little. The problem here is that Dell took the best part of three weeks to deliver, during which time the price fell.

It's like this: I go into a shop, see an item on the shelf, and ask if I can buy it. While they're digging around in the stockroom trying to find one for me, the manager slips a new lower price display on the item. So what price do I pay? I requested the item when the price was high, but they've still not actually provided the item or taken the money from me.

In the case of my dell order, I ordered the item, the price fell while they were preparing the item for delivery, and upon despatch they still charged the higher price. Remember that they don't charge until the item has been dispatched.

rs-px

Well, it looks like Dell will let me return the item. It took three attempts, during which they said the same thing in terribly bad English (i.e. pay us £20), but they're now providing me with a returns number and address.

Sadly, they aren't shifting on simply refunding the £50, which would save both of us money and hassle. They're losing not only the cost of shipping, but they'll have to sell the returned item for a discount because it's now used. And these items now sell for £50 less, so they're actually losing quite a bit of cash here.

Oh well. This hasn't been a pleasant experience, and it's the last time I'll be ordering from Dell. In the past I've been one who advised people to order from them too. Well done, Dell! :T