I'm a total idiot, help reference returning goods

Tanyastitches

Just found this in the small print.

"if you return goods without requesting a returns number you will be charged 25% of total purchase price."

Is this legal then?

Ivory_Tinkler

Tanyastitches wrote: »

Just found this in the small print.

"if you return goods without requesting a returns number you will be charged 25% of total purchase price."

Is this legal then?

Not under the distance selling regs - you are entitled to a full refund including carriage charges and you cannot be charged a restocking fee which is what I assume this 25% charge is.

Debt_Free_Chick

derrick wrote: »

Totally wrong, the goods can be cancelled prior to delivery under DSR, (a companies T&Cs cannot take away statutory rights).

Agree that T&Cs cannot replace statutory rights, but there are no statutory rights that allow you to "change your mind" and get a full refund and/or provide that you do not stand the cost of return.

The cancellation must be in writing including letter, fax or email; -

[FONT=&quot]http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf[/FONT]

PAGE 20
What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they
want to cancel. This includes letter, fax or email. A phone call is not
enough unless you say in your terms and conditions that you will
accept cancellations by phone.

From what date would the notice of cancellation become
effective?
3.27 The effective date for cancellations under the DSRs is the date on
which the consumer gives notice of cancellation to you. This ensures
that the consumer can take advantage of the full cancellation period
provided for in the DSRs.

PAGE 22
Can a consumer cancel an order before they receive the
goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
unconditional. If consumers cancel before they have received the
goods you must refund the total price of the goods, including any
delivery charges. Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract.

Pages 18/19?

What cancellation rights do consumers have?

3.22 The stage at which you provide your consumers with the required
written information (see paragraph 3.10) will affect when the
cancellation period ends.

3.23 Where the DSRs give consumers the right to cancel an order, this
right is unconditional and begins from the moment the contract is
concluded. Unlike when buying from a shop, the first time that a
consumer will typically have an opportunity to examine goods
purchased by distance means is when they receive them. The DSRs
give consumers who buy by distance means more rights than
consumers who shop in person. When a distance consumer cancels a
contract to which the cancellation provisions apply they are entitled to
a refund of any money they have paid in relation to the contract even
if the goods are not defective in any way. Please also see paragraph

3.46 for further information.

How do I make sure consumers do not cancel a service
contract after I have started work?

3.25 Once you have started work or begun to provide a service the
consumer is contractually bound to honour his part of the contract so
long as you:

• had their agreement to start the service
  
  
• provided them with the required written information in advance of
• your starting, and
  
  
• told them that their cancellation rights will end as soon as you do start carrying out the contract.

The problem we all have here is that we do not know what the T&Cs state.

If the OP was not told about return delivery costs prior to dispatch, they cannot charge them after dispatch/delivery; -

Is this not the same as my post?

"Under the Distance Selling Regulations they can require you to stand the cost of returning the goods -but only if this is stated in the T&Cs" ?????

I agree - the OP can "cancel" - at some point. Can't be sure when it's effective without seeing the T&Cs. They can get a refund - but they may need to pay the cost of returning the goods if they are not defective.

bookworm1363

Debt_Free_Chick wrote: »

Agree that T&Cs cannot replace statutory rights, but there are no statutory rights that allow you to "change your mind" and get a full refund and/or provide that you do not stand the cost of return.

Beg to differ:

Can a consumer cancel an order before they receive the
goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
unconditional. If consumers cancel before they have received the
goods you must refund the total price of the goods, including any
delivery charges. Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract.

Could hardly be more explicit than that.

derrick

Debt_Free_Chick wrote: »

Pages 18/19?

What cancellation rights do consumers have?

3.22

The stage at which you provide your consumers with the required
written information (see paragraph 3.10) will affect when the
cancellation period ends.

3.23

Where the DSRs give consumers the right to cancel an order, this
right is unconditional and begins from the moment the contract is
concluded. Unlike when buying from a shop, the first time that a
consumer will typically have an opportunity to examine goods
purchased by distance means is when they receive them. The DSRs
give consumers who buy by distance means more rights than
consumers who shop in person. When a distance consumer cancels a
contract to which the cancellation provisions apply they are entitled to
a refund of any money they have paid in relation to the contract even
if the goods are not defective in any way. Please also see paragraph

3.46 for further information.

How do I make sure consumers do not cancel a service
contract after I have started work?

3.25

Once you have started work or begun to provide a service the
consumer is contractually bound to honour his part of the contract so
long as you:

• had their agreement to start the service
  
  
  
• provided them with the required written information in advance of
  
  
• your starting, and
  
  
• told them that their cancellation rights will end as soon as you do start carrying out the contract.

The problem we all have here is that we do not know what the T&Cs state.


I agree - the OP can "cancel" - at some point. Can't be sure when it's effective without seeing the T&Cs. They can get a refund - but they may need to pay the cost of returning the goods if they are not defective.

The extra quotes you are making just back up what I have posted!

It dose not matter what is in their T&Cs if they are attempting to take away statutory rights, as they then will not count.
Only if they have informed a consumer that they will have to pay return p&p prior to the contract being made can they make the consumer pay the return p&p

You got this, from your post #2, totally wrong, (because they can); -"The seven day rule under the DSR is intended to give you an opportunity to inspect the goods, as you won't have been able to do so before placing an order. It was never intended to cover a situation where you simply change your mind before receiving the goods, so I can't see any "right" you can enforce - sorry."

3.23; - "When a distance consumer cancels a contract to which the cancellation provisions apply they are entitled to a refund of any money they have paid in relation to the contract even if the goods are not defective in any way."

I think that is quite clear and unequivocal!


The quote you made ,( 3.25 in post #14), is for services, not goods, so no need to muddy the waters.

By thanking post #15, you are agreeing with me! They DO have the right to cancel before delivery, (and pay no postage costs as per the quote re 3.35), and do not then have to accept delivery, it is in black and white from the link I have provided.

The_Pedant

if you return goods without requesting a returns number you will be charged 25% of total purchase price.

As pointed out in an earlier post, they cannot do this.
In that guidance document, section 3.55 explicitity provides guidance on what can be charged for

You are not allowed
to make any further charges, such as a restocking charge or an
administration charge.

As a side note, I have read the DSR act & under Rule 17 which that area falls under, there is no actual mention of any fees/charges (allowed or otherwise)

derrick

The_Pedant wrote: »

As a side note, I have read the DSR act & under Rule 17 which that area falls under, there is no actual mention of any fees/charges (allowed or otherwise)

But there is under section 8, Written and additional information; -

(2) (ii) information as to whether the consumer or the supplier would be responsible under these Regulations for the cost of returning any goods to the supplier, or the cost of his recovering them, if the consumer cancels the contract under regulation 10;

Also section 14, Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security; -

(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier.

Caroline73_2

Tanyastitches wrote: »

Anyway have since found out that the company is extremely unreliable so I rang to cancel knowing that I have seven days where I can change my mind.

I am confused by this. Are you saying you are cancelling because the company is unreliable or the products they sell? Obviously you could be buy direct from the supplier.