Internet distance selling regulations - time to return

Major_Grooves

I bought an item online and on the day I had it delivered I decided I didn't want it so contacted the retailer and told them I wanted to send it back. The courier (FedEx) was meant to come and pick it up yesterday, however the booking company I used (Parcel2Go) totally messed up and didn't bother giving FedEx by address.

So I'm aware that under the distance selling regulations you have 7 days to decide you don't want something and you can cancel the contract. However, how quickly are you meant to send the item back?

This is the retailer's T&Cs:

"You have the right to return your rug for a full refund less carriage
charges as long as you email or fax us within 48 hours of delivery stating
your intention to return the rug. This e-mail or fax is important as it
gives both of us a written dated record of your intention, and allows us to
send you a return code and our returns address so that we can process your
return and refund promptly. We then ask that you return the rug to us within
7 days of the day the rug was delivered at your expense, in unused
condition, fully and securely packaged."

That seems wrong - they can't say you have to decide within 48h as the regulations state you have 7 days (doesn't matter as I told them the day it was delivered). They say they want the rug back within 7 days, which I have missed because of the courier mistake, but what does the law actually give you? If you decided on the 7th day that you didn't want something you obviously couldn't send it back within 7 days.

Hintza

Have a look at the SOGA but my understanding is that once you have informed them (within 7 days from the day after delivery) you have 30 days (?) to get it back to them.

However it would obviously be polite, keep goodwill etc to return it asap. So I would send them an email today and explain the problem politely and let them know that you plan to rectify it as soon as you can.

Keep things calm and polite and do not quote any regulations etc unless they do so first.

I wouldn't expect you to have a problem.

The_Pedant

I think they're trying to step around their statutory obligations.

Fact: You are allowed 7 days to decide to cancel a contract, starting with the day after the good were received.

Looking at the DSR regulations, without untangling the references to other sections of the act, I'm not sure a period is explicitly stated that goods must be returned within. A period of 21 days is mentioned in one of the clauses, starting after cancellation.

Either way, I would say that returning goods within those same 7 days you are granted as a cancellation period is NOT required. You only have to lodge your wish to cancel within that period.

A quick call to Consumer Direct should clarify the situation.

derrick

It is 7 WORKING days under DSR beginning with the day AFTER receipt of goods, so that would be at least 9 calendar days from receipt, as it would include a weekend; -

Section 11,
"(2) Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods."

Their T&Cs cannot take away your Statutory Rights, (DSR in this case).

derrick

The_Pedant wrote: »

Looking at the DSR regulations, without untangling the references to other sections of the act, I'm not sure a period is explicitly stated that goods must be returned within. A period of 21 days is mentioned in one of the clauses, starting after cancellation.

Either way, I would say that returning goods within those same 7 days you are granted as a cancellation period is NOT required. You only have to lodge your wish to cancel within that period.

See Section 17.

NJW69

I have purchased an item online and it has been delivered yesterday witout notice despite me asking the company when it would be delivered (no response) and the online tracking system saying item still being processed. I was quite surprised therefore to arrive home to find it in my hallway.

I want to return it under the DSR. The company is in the N East but it seems they don't stock the product and they have bought it through another company in my home town who have delivered it to me at my home. I want to return it to the supplier in my town. Can they make me return it to the N East address instead? It doesn't say on the website.

The reason I want to return it is that the person they have bought it off has been paid over £100 less for the item than I have paid for it and I can buy it from them directly at that price. I paid £250.

derrick

NJW69 wrote: »

I have purchased an item online and it has been delivered yesterday witout notice despite me asking the company when it would be delivered (no response) and the online tracking system saying item still being processed. I was quite surprised therefore to arrive home to find it in my hallway.

I want to return it under the DSR. The company is in the N East but it seems they don't stock the product and they have bought it through another company in my home town who have delivered it to me at my home. I want to return it to the supplier in my town. Can they make me return it to the N East address instead? It doesn't say on the website.

The reason I want to return it is that the person they have bought it off has been paid over £100 less for the item than I have paid for it and I can buy it from them directly at that price. I paid £250.

I would assume their T&Cs require you to return it to them, (as you bought it from them),no harm in asking them can you return it to your home town supplier, they can only say no, bear in mind you will be liable for return P&P, (if they informed you of this in their T&Cs prior to you receiving it).

Jo_F

If they don't stock the item and have had to purchase it in specially for you, then that could come under the realms of a 'commission' order, akin to something being specially made for you, and so wouldn't be covered under the DSRs.

derrick

Jo_F wrote: »

If they don't stock the item and have had to purchase it in specially for you, then that could come under the realms of a 'commission' order, akin to something being specially made for you, and so wouldn't be covered under the DSRs.

I doubt it, the poster purchased from an online retailer, where that retailer sources the item is irrelevant unless the item comes under the exemptions in the DSR and that is unlikely as it appears to be a stock item, (although not for the supplier to the poster).

NJW69

It is a standard item made by a national manafacturer but think the compnay I have bought from don't routinely keep them in. The retailer they have got it from who has delivered it to me is a national company who possibly have bigger stocks. I'm just a bit naffed off really that I've paid someone £250 plus delivery who has then bought it from someone else for £148 and they have delivered it free. I have the invoice from the person who actually supplied it.

I suppose you could say 'thats business'!

negg

I'm just a bit naffed off really that I've paid someone £250 plus delivery who has then bought it from someone else for £148 and they have delivered it free.

Yes, but can you buy it for that price as a private individual? Is the £148 their actual selling price or is it trade price which they are supplying to the online shop?

I would make sure of that first.

Secondly, if you return it to the online shop, they might return it to the original shop where you then try to order from. They might refuse to accept your order as they would rather upset you than a company that orders from them regularly.