Can I send a fridge freezer back under distance selling regs

sherbie28

Mum got a fridge freezer yesterday (ordered from Tesco Direct online). It's a lot bigger than she thought, she can't reach upper shelves. We've tried to rearrange them so she can reach the top shelf and the cheese bit in the door but if you move them the fridge door doesn't shut. Because she's only just over 5ft it's too impractical for her. They unpacked it outside so she didn't see the height of it until they'd brought it in. Given the nature of the item is she covered under the distance selling regs.

isplumm

sherbie28 wrote: »

Mum got a fridge freezer yesterday (ordered from Tesco Direct online). It's a lot bigger than she thought, she can't reach upper shelves. We've tried to rearrange them so she can reach the top shelf and the cheese bit in the door but if you move them the fridge door doesn't shut. Because she's only just over 5ft it's too impractical for her. They unpacked it outside so she didn't see the height of it until they'd brought it in. Given the nature of the item is she covered under the distance selling regs.

I don't see why not - but remember you only have 7 days - so call quick.

Mark

cyberbob

You must inform them in writing within 7 days (email counts) So phone them and follow up with an email. Depending on Tescos T&Cs you may be liable for return costs

neilmcl

isplumm wrote: »

I don't see why not - but remember you only have 7 days - so call quick.

Mark

To clarify, you have 7 days to cancel in writing under the DSRs, it doesn't mean that you need to return the fridge freezer in that time.

mad-mark_2

...and remember that it's seven *working* days, starting the day after delivery that you have to inform them that you wish to return the item. So plenty of time. How do you plan to return it, because as a previous poster states, you might have to pay for the return costs (but should otherwise get a full refund)?

derrick

And ignore them when they say they cannot accept it back without the original packaging;-

From [FONT=&quot]OFTs BUSINESS GUIDE TO DSR;-[/FONT]

From page 28; -
Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession as discussed in paragraph 3.44. The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

How can I resell the goods as new if they have been opened and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel on this point. Unless one of the specific exceptions referred to above at paragraph 3.38 applies, consumers can exercise their right to cancel a contract and return the goods to you. The DSRs do not link cancellation rights with a supplier’s ability to resell items as new.



.

Esqui

You do bear the cost for sending them back under DSR, unless company says otherwise.

solodanceparty

Tell her to get a stepping stool... I can't reach top shelves or things high up either.

derrick

Esqui wrote: »

You do bear the cost for sending them back under DSR, unless company says otherwise.

Or if the company does not inform you of your obligation to pay for return P&P, from page 27 of [FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT];-


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.

3.56 If 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.

pulliptears

solodanceparty wrote: »

Tell her to get a stepping stool... I can't reach top shelves or things high up either.

If OP's Mum is elderly then that is an incredibly bad idea I think you will agree.

sherbie28

Thanks for all the advice. It doesn't state anywhere on the Tesco site that you have to pay for returns so I am assuming they will pay for it?