Help with DSR's

Will_it_make_me_rich

I’ve recently purchased a jacket from an online retailer. After trying the jacket on I don’t like it so I’ve decided to send the jacket back for a refund.
The delivery on the jacket was advertised as “free shipping”.

Before I sent the jacket back I checked the T&C’s (see below) and as stated my refund will be deducted the delivery charge incurred by the retailer.

To cancel an order
Under the UK Distance Selling Regulations, you have the legal right to cancel your order within seven working days upon receipt of the goods. However, in the interests of hygiene, we regret this does not apply to unwanted pierce products, hosiery, swimwear, underwear and cosmetic products.
Refunds & Replacements
Refunds will only be provided to the original purchaser. Replacement items will be sent to you free of charge. The cost of the product bought will be refunded excluding the delivery charge inncurred when we sent out the inital delivery. Free deliveries will be free to customers keeping or exchanging a product. Free delivery will be deducted from your payed total at £3.95 if you require a refund on a item returned to us.
Any balance of refunds or exchanges will only be debited or credited against the card the original purchase was made through. This is to protect you against any potential card fraud.
All refunds will only be given once we receive our goods back and have inspected them.

So I looked into the DSR’s, and basically used the template letter on the BBC The One Show website and emailed it to the retailer well within the 7 day period. Thinking I was smart as now I will be entitled to ALL my money back.

However the shop contacted me via phone on receipt of my email to tell me there isn’t a problem if I want a refund just send the item back. I told them I’m cancelling the order so I want all my money back, I’m not paying your delivery costs.

I then spent the next 5 minutes talking to the shop owner about the difference between requesting a refund and cancelling the order.
In short he didn’t have a clue what I was on about, I would even go as far to say he’s never heard of the DSR’s! :eek:

He did however tell me that a solicitor had checked the T&C’s and he has never had anyone else cancelling an order. According to the website the shop has been trading for 40 years.

From the phone call it was left that if I sent the jacket back I would be entitled to a refund (less delivery charges) and in the mean time he will show his solicitor my email, I doubt very much that will happen.

On the one hand it’s only £3.95p on the other hand the fact that he didn’t know anything about the Distance selling reg’s that are mentioned in the T&C’s is annoying me.

What should I do? How far should I pursue this matter with regards to the DSR’s?

4743hudsonj

Well like you say you are entitled to all your money back, including return postage by the looks as it as i cant see a specific exclusion of this.

Contact trading as there lack of knowledge is worrying and should be addressed. This hopefully will put them i a better positions fr understanding and processing your request.

Will_it_make_me_rich

Just got off the phone to trading standards. I explained everything to them just like in my post above.
They said I wouldn't be entitled to return postage, I don't think the person I spoke to though was very knowledgeable about DSR's as they had to check to make sure i was entitle to all my money back.

When i asked them what i should do next they advise me to send the retailer a letter. I said i've already done that, well an email anyway.

'Send them proper letter as well' was their reply.

I wished I'd bothered now.

4743hudsonj

Well return postage is only paid for by yourself if they mention that in the terms, if not they are liable for that too.

mad-mark_2

Simplest route to resolving this is to return the item at your expense but ensure that you get a full refund. Although you could argue that they may be liable for the cost of returning the item as their Ts&Cs don't exclude this, I suspect you'll have a bit of a fight on your hands to get them to pay up.

Getting them to refund the full amount you paid should be fairly simple as the DSRs are very clear here. They even state that any unfavourable terms that go against the DSR rules (such as their £3.95 fee) are against the law. Pointing this out to them should resolve things quickly.