Distance Selling Regulations - Collected Item

soolin

On ebay all you can do is open a dispute (significantly not as described) but then even if you win you will be expected to return the item at your own cost as paypal have no way of enforcing return costs.

phlogeston

hayley11 wrote: »

To be honest, if I was the seller, I would expect you to check an item before taking it away so I would also probably expect you to foot at least some of the postage costs to send it back.

To be honest, as a buyer, I would expect goods to work, and not have to vacuum someone else's house first before taking an item away!;)

Jakg

DSR's won't apply here.

As it is even under the DSR's they won't pay for P&P costs anyway.

Optimist

Graeme1978 wrote: »

I paid by Visa debit card. I understand there is a chargeback process for debit card transactions?

Your bank wont be interested the company are asking you to return it for a replacement, not the banks problem.

You had face to face contact with the supplier and as I said earlier that invalidates any comeback you might have had under DSR

Bite the bullet, the sooner you take the flaming thing back the sooner you get to clean house !

phlogeston

Optimist wrote: »

Bite the bullet, the sooner you take the flaming thing back the sooner you get to clean house !

DSR regs do apply as contract was concluded via internet (collection was made after contract formed).

SoGA also applies - fit for purpose, quality etc.

Reject the goods (you DO NOT HAVE TO ACCEPT REPLACEMENT OR REPAIR) and threaten small claims action.

If seller wants them posted back at your expense, fine, include that in your small claim.

Alternatively, take the easy route and post back at your expense.

foolishboy

Graeme1978 wrote: »

I paid by Visa debit card. I understand there is a chargeback process for debit card transactions?

Yes there is but as I found out recently it's completely dependent on the merchant facilities for the business in question cooperating. In my case they asked the retailer what the deal was, they made up some BS, they believed them (their customer after all) and refused the charge back.

Foolish

phlogeston

foolishboy wrote: »

Yes there is but as I found out recently it's completely dependent on the merchant facilities for the business in question cooperating. In my case they asked the retailer what the deal was, they made up some BS, they believed them (their customer after all) and refused the charge back.

Foolish

But have you written and rejected the goods?

They are in breach of contract and are liable for all reasonable costs (including return postage) for that breach.

You can also return under DSR, but this is a red herring as you are not changing your mind.

phlogeston

Jakg wrote: »

DSR's won't apply here.

As it is even under the DSR's they won't pay for P&P costs anyway.

Please ignore fallacious advice like this...

DSRs DO apply.

And the the return is being made because of a faulty product (breach of contract) so the supplier is responsible for the return postage.

phlogeston

Optimist wrote: »

You had face to face contact with the supplier and as I said earlier that invalidates any comeback you might have had under DSR.

IT DOESN'T!!

DSRs apply because the contract was formed using distance selling.

The mechanism for delivery or dispatch is irrelevant.

Optimist

phlogeston wrote: »

IT DOESN'T!!

DSRs apply because the contract was formed using distance selling.

The mechanism for delivery or dispatch is irrelevant.

Do you find shouting improves your case ?

"distance contract" means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;