Distance Selling and admin charge

bzd

Hi, I bought a small item online (about £17) recently and when it arrived I found it was the wrong thing. It's completely unopened and sealed still so I emailed for an address to return it to (1 working day after delivery).
The seller replied with the address but said there would be a %20 admin charge.
My understanding of Distance Selling Regulations is that they must provide a full refund, including the original postage, and I must pay for the postage back. Is this correct?

Cheers,

Ben

missymugwump

You are quite correct

Cheeky beggars

OlliesDad

bzd wrote: »

Hi, I bought a small item online (about £17) recently and when it arrived I found it was the wrong thing. It's completely unopened and sealed still so I emailed for an address to return it to (1 working day after delivery).
The seller replied with the address but said there would be a %20 admin charge.
My understanding of Distance Selling Regulations is that they must provide a full refund, including the original postage, and I must pay for the postage back. Is this correct?

Cheers,

Ben

You are correct, although i do think that the law is ridiculous. I will never understand why a company should be liable for delivery charges if a consumer buys the wrong product.

Obviously this isnt the situation in your case and no admin charge should apply!

The_Pedant

they must provide a full refund, including the original postage, and I must pay for the postage back

You only have to pay for the return postage if this is stated in the terms and conditions [DSR section 8.2(b)(2)].

Correct, they are not allowed to charge an additional administration or restocking fee[section 14].

Either way, make sure you have proof of postage when returning it, just to make sure.

I will never understand why a company should be liable for delivery charges if a consumer buys the wrong product.

Because, the intent of the act was to cover for the fact that you have no way of examining the goods ordered at dinstance, in the same way you can when you buy a product in-store. When in a shop, you can typically ask to take a closer look, have a good poke around the display model etc. That said, I was perfectly happy with the old concept whereby if it was their responsibility, they paid for return ... or if you had a friendly company that accepted a return, then I paid.

derrick

bzd wrote: »

Hi, I bought a small item online (about £17) recently and when it arrived I found it was the wrong thing. It's completely unopened and sealed still so I emailed for an address to return it to (1 working day after delivery).
The seller replied with the address but said there would be a %20 admin charge.
My understanding of Distance Selling Regulations is that they must provide a full refund, including the original postage, and I must pay for the postage back. Is this correct?

Cheers,

Ben

The_Pedant wrote: »

You only have to pay for the return postage if this is stated in the terms and conditions [DSR section 8.2(b)(2)].

This depends what is meant by "the wrong thing".

If it was sent out wrong then the supplier pays all P&P, if the OP ordered wrong, then as you say it is down to T&Cs. But they certainly CANNOT charge any admin fees.

From page 27 here; -
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.

3.57 If the goods are faulty or do not comply with the contract, you will
have to pay for their return whatever the circumstances.



.

Tozer

Funny thing - noticed Dreams (beds) try and get round the DSR by claiming that so many of their products are "special".

Whilst the DSR does not apply to goods which are made to the consumer's specification, I think they are going far too far in concluding that any standard item not in stock is excluded from the DSR.

bzd

Hi,

Sorry I wasn't completely clear. By the wrong thing I mean I ordered the wrong item. It was a very similar spare part which I thought was the right part.

There were no terms and conditions displayed at purchase, and I can't find any on the site now (http://www.garagedoor-spares.com/), even when going through the purchase procedure (all the way to PayPal login). However, I am okay with paying the postage back -- it was my mistake after all, and it's a small item so postage won't be much.

Thanks for all the advice -- these fora are invaluable!

Ben

OlliesDad

The_Pedant wrote: »

Because, the intent of the act was to cover for the fact that you have no way of examining the goods ordered at dinstance, in the same way you can when you buy a product in-store. When in a shop, you can typically ask to take a closer look, have a good poke around the display model etc. That said, I was perfectly happy with the old concept whereby if it was their responsibility, they paid for return ... or if you had a friendly company that accepted a return, then I paid.

I am well aware of the reasoning behind the DSR but surely buying the wrong thing is going to be the fault of the consumer not the retailer and the risk that is to be taken by them.

These laws were made to make it fairer on the consumer but made it unfair for the businesses. I realise that many people will not agree with me as this is a consumer forum and businesses are seen as the enemy.

bzd

OlliesDad wrote: »

I am well aware of the reasoning behind the DSR but surely buying the wrong thing is going to be the fault of the consumer not the retailer and the risk that is to be taken by them.

These laws were made to make it fairer on the consumer but made it unfair for the businesses. I realise that many people will not agree with me as this is a consumer forum and businesses are seen as the enemy.

I have to say OlliesDad that even as a consumer I agree with you that it does seem slightly more in my favour than is fair (although I gladly accept the benefits the DSRs gives me). For instance, I could just take punts at lots of items and send them back immediately. If the T&C didn't state otherwise it would just be a loss to the business each time and no skin off my nose (and even if the T&Cs say the buyer must cover the return post cost, it will always be a postage cost loss to the business).

Having said that, I buy a lot more things online knowing I have some automatic security than I would otherwise, so I wouldn't be surprised if the DSRs generate more business than postage costs (everyone's a winner?!).

Cheers,

Ben

flobbadob

why would reimbursing the original postage be unfair to the vendor? If i return goods, after paying to have them sent to me, in what way is the seller out of pocket?

yorksrabbit

OlliesDad wrote: »

I am well aware of the reasoning behind the DSR but surely buying the wrong thing is going to be the fault of the consumer not the retailer and the risk that is to be taken by them.

These laws were made to make it fairer on the consumer but made it unfair for the businesses. I realise that many people will not agree with me as this is a consumer forum and businesses are seen as the enemy.

It's rarely appreciated, but this particular legislation helps level the playing field between real-world and cyberspace commerce.

If you run a shop, you're going to be paying a heck of a lot in business rates alone. By paying those rates, and other overheads --and playing a generous role in keeping the High Street alive -- you're providing a showcase of tangible goods which can be inspected by the customer.

In cyberspace though, you're not paying business rates, not much in the way of other overheads, and you sure as heck aren't helping to save the mixed economy of the UK High Street.

And as a further result of all your cost saving, you're not allowing your customers tangible access to tangible goods, either.

Your choice, of course, and the customer's, but DSR is a pretty fair price to factor in as an overhead for an online business that avoids most, if not all, of the overheads faced by real-world enterprise.

Far from being "unfair to business", then, DSR is actually one of the few pieces of UK legislation that benefits many: customers, and real-world businesses.

(And of course, if an online trader really does dislike DSR, then there's nothing to stop him or her renting a real world shop, and start paying out on those crippling business rates.;) )