What are my legal rights for returning items?

kai666

I think anything over 7 days is at the goodwill of the shop. They only do it out of good customer relations, and in no way legally have to

Price_Cut_Please

Thanks for that link, the info was good, I'd tried to find something like that before but didn't find it.

Although it may not be the legal rights that they have to obied by, the shops would have to stick by it, if it says 30 days on their policy etc.


But anyway what about the good will thing. Just go to the shop (or phone up?) and hope they give me some sort of credit?

Esqui

That would be the most logical way

Mark_Hewitt

The worst that can happen is they refuse, and you've wasted a trip out! Quite often in person they'll respond better than someone on the end of an email inbox.

stuvee02

Hintza wrote: »

You really need to be aware of your rights BEFORE you buy online.

:T The BEST advice for anyone buying online!

1) Check out the company you are buying from - look for independant reviews etc
2) Check WHERE they are based; DSR mean nothing outside the EU
3) Check the returns policy
4) Check the Terms and Conditions

If in doubt email the company before you buy; the standard of the response you receive will also be further indication of the people you are going to hand your money over to...

Stu

oggsy

Hi, bit new to this so would appreciate being moved if in wrong place. I bought an item on a ebay site through their telephone service and when arrived was not suitable for my needs. I contacted them immediately and they said ok to return but want a 25% restocking fee, which is #80 odd quid. Would I be correct in saying that although in their terms and conditions it was mentioned, the law doesnt recognise this and they have to refund whole amount inc. p&p ? Any guidance would be appreciated Ta

derrick

oggsy wrote: »

Hi, bit new to this so would appreciate being moved if in wrong place. I bought an item on a ebay site through their telephone service and when arrived was not suitable for my needs. I contacted them immediately and they said ok to return but want a 25% restocking fee, which is #80 odd quid. Would I be correct in saying that although in their terms and conditions it was mentioned, the law doesnt recognise this and they have to refund whole amount inc. p&p ? Any guidance would be appreciated Ta

Under DSR they are NOT allowed to make any deductions, (you may have to pay return p&p if they informed you of this prior to you receiving the goods),

See HERE Section 14;-
"14. - (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

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.

3.56If 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."




Also HERE page 17; -
3.23Where the DSRs give consumers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded. Unlike when buying from a shop, the first time that a consumer will typically have an opportunity to examine goods purchased by distance means is when they receive them. The DSRs give consumers who buy by distance means more rights than consumers who shop in person. When a distance consumer cancels a contract to which the cancellation provisions apply they are entitled to a refund of any money they have paid in relation to the contract even if the goods are not defective in any way. Please also see paragraph 3.46 for further information.


Page 25; -
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."


There are certain exemptions to returning under DSR, they are in those two links.


If it is in their T&C, then I would inform Trading Standards that they are attempting to restrict your Statutory Rights by the inclusion of that term.

negg

If it is in their T&C, then I would inform Trading Standards that they are attempting to restrict your Statutory Rights by the inclusion of that term.

That isn't true and Trading Standards would only ask them to clarify it.

Remember that consumer law only applies to consumers and not to businesses. It is perfectly legal for them to charge 25% handling charge to a business. In fact they can even refuse to accept a return from a business with the exception of faulty items.

If you have bought the item as a personal purchase, then you are entitled to a full refund. If you bought it under a business name or your eBay account is a business account, then they have every right to assume your are a business and you will have to pay the 25% handling.

derrick

negg wrote: »

That isn't true and Trading Standards would only ask them to clarify it.

Remember that consumer law only applies to consumers and not to businesses. It is perfectly legal for them to charge 25% handling charge to a business. In fact they can even refuse to accept a return from a business with the exception of faulty items.

If you have bought the item as a personal purchase, then you are entitled to a full refund. If you bought it under a business name or your eBay account is a business account, then they have every right to assume your are a business and you will have to pay the 25% handling.

The post I replied to made no reference to a business, so it is right to assume they are a consumer and as such,(as you agree), they have the right to a full refund.

TS will/should require them to clarify, but as it stands, (assuming the poster is correct),then their T&Cs are misleading and potentially criminal. If TS are not made aware, then this company may continue with this T&C, therefore "attempting to restrict Statutory Rights by the inclusion of that term."


So my post/reply was correct, it is you who are,(for reasons unknown), attempting to muddy the waters by introducing a business element into the matter when it has never been mentioned!

mountainofdebt

Whilst I agree the OP was amiss in assuming that they had 30 days to return an item instead of the 7 days they actually had, I do have some sympathy.

M&S, for example, gives a consumer who bought from their stores 35 days to bring an item back yet they only give 7 days to return an item bought from their website.