Rights under DSR when replacement requested isn't available but 7 days has expired?

Tweetinat

I recently bought a number of items from an on-line retailer; I planned on returning 2 of the 3 items, but really wanted to keep the third (a belt). Unfortunately, the size wasn't quite right, so I emailed customer services and double checked the length of the larger size in case it still wasn't suitable. In that case I would have returned all 3 items under the DSR and requested a full refund inc. P&P.

Customer services never replied, so after 4 calls over 4 days, I finally spoke with someone who confirmed the length of the larger size and agreed that I could have a replacement. This was on the 6th working day and whether it was noted on my 'account' that this conversation took place I don't know.

Today, 10 working days after delivery, they call me to say that they have no stock of the larger belt and will not be getting any more. I therefore have no option but to ask for a refund of all my items.

Now this is where I'm unsure of my rights. As I did not inform them within the 7 working days that I wanted a full refund, am I entitled to request a refund of my P&P charges? But at that time I wanted an exchange - it is only now that I find that my order cannot be fulfilled.

Any thoughts?

bbelt

strictly speaking your rights expire after the seven days.

contact the trader and explain the situation, they might refund it as a gesture of good will.

hayley11

What is their return policy? It might be longer than 7 days.

With regards to your rights, you didn't actually say you were returning the products and you didn't mention the other two. Is that right? So technically you didn't inform them in time.

I would contact them, ask nicely what their returns policy is, if they just have the standard 7 days, ask if you can return them, they might not refund your postage but if you're getting a refund at all I would be happy with that. IF they refuse altogether, I would explain how you had been trying to contact them for several days, you even have the email to prove when you first contacted them. If they still won't budge, you might just have to put it down to experience and flog them on ebay or something.

Tweetinat

Just re-read my post and realised it wasn't entirely clear. Their own refund policy is 14 days, so the items were returned well within their own period (as a side issue they don't acknowledge that they have to refund P&P if they're notified within 7 days as they'd never heard of the DSRs, but that's a whole other issue).

The issue isn't that the retailer won't accept the goods for refund (they are), but that they're refusing to refund the P&P. As I stated originally, there was no reason for me to reject the goods under the original 7 days as I was expecting a replacement item and would have happily paid the postage under these circumstances. As it was, I wasn't notified until after these 7 days had expired that I couldn't get a replacement - even though I emailed them and spoke with them on 4 different occasions explaining that I needed to know if the replacement would be suitable or else I *would* be rejecting them. I'm just curious as to how the DSRs can be interpreted in these somewhat unusual circumstances.

hayley11

OK as the 7 days has passed, it's their policy that is important. If their policy states they don't refund p&p charges then i'm afraid they don't and you can't really fight it. These are their terms and by ordering with them you agreed to them.