DSR + Return Postage: confirmation of...

drsquirrel

An item I have purchased I know I may return under DSR.

Their T&Cs state nothing about paying to return the items.
Their T&C's state nothing about myself having to return the items to them.

1. This means they bare the cost of return postage?
2. This means they have to organise collection (/send me a return postage package)?

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.

bold text is theirs
italicised text is mine


further...

3.60 states I have a duty to return or make available for collection, and that I am not required to return them unless stated in T&Cs (of which they are not).
3.61 says they must request to collect (but not request to return).

How do I ensure that the consumer must return the goods
to me following the cancellation of an order?
3.61 By saying in your terms and conditions that consumers must return
the goods to you if they cancel a contract under the DSRs. If you do
not say this in the contract and you want to collect the goods from
the consumer, you should make this request in writing or in another
durable medium available and accessible to the consumer.
3.62 When a consumer returns the goods to you in accordance with the
contract, the consumer must take reasonable care to ensure that you
receive the goods and that the goods are not damaged in transit.
If the consumer does not exercise reasonable care and the goods
are damaged, you may have a claim against them for breach of this
statutory duty.

I feel that I am already correct but I just want to confirm.



Another question is "open box" vs "used".

What what level is opening the box and testing, how much testing can be considered as not testing and "used"

My actual reason to return is the quality is DIRE which is not fully apparent until after it is used/tested/whatever you want to call it, which took a few hours (test, change settings, test etc)

Honestly I feel that you couldn't tell that it was used anyway from the repacking (protective seals still in place, plastic packages all closed back up like new etc).

3. I know open box is okay, but to what level is just open box vs used? And am I still okay?


Thoughts?

epatolles

think more details like where is it from? and what is it? would help - for instance if you ordered from somewhere like next a courier would pick it up.

jdturk

I presume you have notified them within the 7 working days of your wish to return the product?

Amistoso_2

if the item is faulty then they have to pay for return but if you have simply changed your mind (and it's within 7 days from receiving goods) then you have to pay for the return yourself

paulofessex

Amistoso wrote: »

if the item is faulty then they have to pay for return but if you have simply changed your mind (and it's within 7 days from receiving goods) then you have to pay for the return yourself

My understanding is..... If the seller does not state within writen form i.e. on the website or sales receipt that the buyer has to cover the return postage should it be a 'change of mind' issue then the seller is liable for that cost.

neilmcl

paulofessex wrote: »

My understanding is..... If the seller does not state within writen form i.e. on the website or sales receipt that the buyer has to cover the return postage should it be a 'change of mind' issue then the seller is liable for that cost.

You understanding is correct. If the seller wants the buyer pay for return postage and arrange the return themselves then this has to be outilined in their T&Cs, which should be made available in a durable format.

Amistoso_2

can the OP tell us who the retailer is, maybe there is something in their T&C's they have missed?

drsquirrel

I tend to avoid listing sellers (specially smaller ones) unless there is a good reason for it.

Here is the T&Cs, pretty short and concice, but here is the returns section

13. Returns
All returns made under warranty will be replaced or repaired and returned in the shortest possible time frame. Returns of none faulty goods can only be accepted within 30 days of purchase. Returns of none faulty products must have original packaging and be in the same condition as they were sent. A restocking fee of 7% will be applicable for non faulty goods returned in a open box condition. A cooling off period of 7 days exists under DSR in which a full refund will be given for unwanted goods. Notification must be given in writing within 7 days of receiving your goods. Goods must be returned to us within 30 days of notification. This does not affect your statutory rights.

Reading this the last part "30 days of notification..." says must be returned, but not that I am required to pay for it.

Is that wording good enough to suggest I have to bare the cost of return?
Also, does it actually imply I have to be the one to return it? (rather than collection etc)

neilmcl

I'd say that implies that you should be responsible for returning the items back. As it doesn't mention who pays for the return postage then in theory they should cover the costs but bear in mind the basis of the DSRs is to provide fairness on both sides and as such why should the retailer be out of pocket because you simply changed your mind.

drsquirrel

neilmcl wrote: »

I'd say that implies that you should be responsible for returning the items back. As it doesn't mention who pays for the return postage then in theory they should cover the costs but bear in mind the basis of the DSRs is to provide fairness on both sides and as such why should the retailer be out of pocket because you simply changed your mind.

Aye - though I don't think I really "just changed my mind" considering there is a list of inherant issues with it, and the quality issue - makes it not suitable for me, which is the whole point?

(Which is also why I only removed what I need from the box, and left the screen protectors on).

bingo_bango

The short answer is that unless the retailer specifically requests in their contract terms that the buyer pays return postage, then the retailer has to foot the bill. That's whether or not anyone thinks it's fair.

Also, that term about a 7% restocking fee is illegal. It is not allowed to charge a restocking fee for goods returned under DSR cancellation rights. See this doc for details.