TinaRichards.co.uk won't abide by the DSR

Forris

Thanks UG, I'm glad that I'm not the only one that feels this way.

TM1

underlay_guru wrote: »

If you simply don't want the item any more, then morally, you should pay for the return of the goods yourself.

Yes, I agree in principe as I run a number of retail websites and think that particular requirement sucks (and indeed the requirement to refund the original postage). However, the first time we were caught by this we said 'fair play, thems are the rules' and we issued the refund - then quickly changed our terms for future orders as per the DSR.

underlay_guru wrote: »

Condition 4G of the T&C's on the t**a ri**ards website states:"The Customer acknowledges that under the warranty they are liable for any postal/courier charges incurred to the Company in the instance that the Company returns goods back to the Customer, which the Company has inspected and found no fault."

Are you sure this condition was not included in their T&C's when you purchased??If you have proof that their condition 4G was not apparent when you ordered, then they should honour a full refund of postage.

Yes, I have "before" and "after" screenshots. After reading the t&c's before contacting them they were imposing requirements that made it look like there could be a problem with the return. So I took screenshots of the T&C's before I claimed the refund.

TM1

Forris wrote: »

I think that you are all being a little unfair on this company.

Why, they are blatently ignoring the Distance Selling Regulations which all online sellers should abide by.

Forris wrote: »

While the OP has a legal right for a refund of the postage, the OP looks like they are just 'trying their luck'.

I'm not 'trying my luck' - the law says I'm entitled to a refund of the return delivery so why should I not be refunded what I am entitled to?

Forris wrote: »

It does not seem right that you can purchase an item and return it, all at the sellers expense, just because they had changed their mind

You're right - I'm a retailer too, and the rules are stupid and unfair to the retailer - but I still abide the rules!

Forris wrote: »

If the OP wants to pursue the matter then they should contact Trading Standards, not start a witch-hunt on a company that made an error on their website.

Firstly, if you read the OP you'll see that I did not request that this be turned into a witch hunt OR that it be used to bully the company. I explained the situation and asked what my legal options were. It is not that they made an error on their website (actually there was no error it was an ommission - they just didn't realise that they had to have a specific clause in the terms if they didn't want to pay the return postage) it is that when this was pointed out they then just ignored their responsibilities.

underlay_guru

TM1 wrote: »

Yes, I agree in principe as I run a number of retail websites and think that particular requirement sucks (and indeed the requirement to refund the original postage). However, the first time we were caught by this we said 'fair play, thems are the rules' and we issued the refund - then quickly changed our terms for future orders as per the DSR.

Silly Question:

If you run a number of retail websites yourself, why ask for advice from others on here? As a distance selling retailer I would expected to have known EXACTLY what you needed to do in order to receive your refund.......

TM1

underlay_guru wrote: »

Silly Question:

If you run a number of retail websites yourself, why ask for advice from others on here? As a distance selling retailer I would expected to have known EXACTLY what you needed to do in order to receive your refund.......

You're correct, I do know the rules inside and out - so I know when a company is not following the rules. But I don't know what to do from a consumers point of view when the company just point blank refuses to obey the rules.

I always play by the rules as a retailer and I've never received a consumer complaint from any official body so I wouldn't know who customers would complain to.

Or do I even need to complain at all, should I just claim at the small claims court for example? I have a very one sided view and now I'm on the other side...

So if my customer in the right I give them what they are entitled to, if they're in the wrong I tell them to get stuffed. But I don't tell them to get stuffed if I'm in the wrong!