Distance Selling Act Questoin

mark_glh

Hi,
I would like to return some goods i ordered which took over two weeks to arrive (the website said 1-2 days). I tried contacting the website via both phone and email after the first week to try and cancel the order before it was sent out but had no luck .
The order arrived today (too late for what i wanted it for) so i'm going to return it under the distance selling act, however on the website it says in the terms and conditions:

Returns are subject to a handling fee, which includes postage and 9.4% of the transaction value

Is this legal?

Also the important parts of the t&c's are black text on a black background so you have to select all to read it, see fashion-contactlenses.com

thanks,
Mark.

mark_glh

sorry, i've just spotted christon1's question from earlier which answers mine. Thanks.

mark_glh

I've emailed them the following (thanks to derrick in the other thread)

Hi,
I received the below order today but would like to return it for a full refund because the lenses are not as I expected (based on the picture on your website I expected a more solid colour). I tried contacting you via email for advice before placing the order but it took over a week before I received a response. I've also tried phoning you to cancel the order before it was dispatched but got no answer.
The order details are as follows:
==========================================================
Order Details
==========================================================
*********

Products Ordered
==========================================================
*********

Is this the correct address to return the goods to?
Fashion Contact Lenses
P.O Box 855
Portsmouth
Hampshire
PO1 9GN
United Kingdom

Additionally I notice that in your (invisible) terms and conditions section you state the following:
"Returns are subject to a handling fee, which includes postage and 9.4% of the transaction value"
I am happy to pay the return postage but legally you must refund the complete cost, including p&p provided I notify you within 7 working days beginning with the day after receipt of goods, which I am doing in sending this email.
Please see below for more information on distance selling regulations.
Thanks,
Mark.

From OFTs BUSINESS GUIDE TO DSR
From page 25; -
What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre- payment made including the cost of delivery. The essence of, distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.
From page 27; -
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.

neilmcl

I would have thought contact lenses would be excluded from the distance selling regs due to the hygene element involved.

kalaika

Hehe. Off topic, but I've just had a read some of the T&Cs on their website and found this bit:

"it's important to remember that contact lenses are medical devices and that they must be fitted by qualified eye care practitioner, no exceptions".

Maybe I should tell my wife that she should be getting a qualified person to fit her contacts for her every morning before she goes to work...! :rolleyes:

mark_glh

neilmcl wrote: »

I would have thought contact lenses would be excluded from the distance selling regs due to the hygene element involved.

I think that would only apply if the seal had been broken as they are sold in tamper proff containers. Also if they were custom made or something. At least i hope thats the case.

haha kalaika, that'd be fun. Some websites won't sell lenses to you unless you've tried those specific lenses with an optician, even if you've previously worn different lenses. Usually though thats just prescription ones and not fancy dress type lenses.

nedmundo

Good luck! They're already breaking the law by supplying the lenses without written specification in the 1st place. I don't think they'll worry about any other consumer laws.

mark_glh

nedmundo wrote: »

Good luck! They're already breaking the law by supplying the lenses without written specification in the 1st place. I don't think they'll worry about any other consumer laws.

Yeah there's plenty of websites that sell none presciption coloured lenses, they get around it by calling them a fashion accessory and not a contact lens. sneaky.