DSR + Return Postage: confirmation of...

drsquirrel

It's from receipt of the item, yes.

martinkil

I've just received some goods and they were not what I expected. Under the DSR I have the right to notify the company I bought the good from within 7 days after delivery.

Now, the T&C from their website states:

Returns Policy

Before returning goods, a returns number must be obtained from us. Unless the incorrect item has been received, a handling charge of 25% will be levied. Returns can only be considered if the goods are undamaged, unused and still in their original packing. Items to be returned must be notified within 7 days of receipt.

Under the distance selling regulations act, you have the right to return your goods within 7 days of receiving the order for a refund, however delivery charges are not refundable. MBS Wholesale will not be held accountable for the collection of goods. in such a case, this must be arranged and paid for by yourself, the customer.

Your rights to return goods are protected under the EU Distance Selling Directive which can be found at [OFT website link]

As I said these are on their website which under the definition of the DSR on the OFT website is not a DURABLE MEDIUM:

Durable medium is not defined in the DSRs. Our view is that it
means a form in which information can be retained and reproduced
but cannot be edited, such as an email that can be printed or a letter,
fax or brochure that can be kept for future reference. We do not
consider that information on a website is durable as it can be changed
at any time after the consumer has accessed it. Technological

advances may change what we regard as durable in the future.

It also say's in the OFT DSR DOC

3.10 If you provide pre-contractual information in a form that does not
allow it to be stored or reproduced by the consumer, such as during a
phone call or on a website, then you must confirm in writing, or in
another durable medium12 available and accessible to the consumer,
the information given at paragraph 3.1(i) to (viii).

In all cases you must also give your consumers the following
information in a durable medium:

- when and how to exercise their rights under the DSRs to cancel
including:

- for goods – whether you require goods to be returned by the
consumer and if so who will pay for their return. For more

information on this see paragraph 3.55

My Italics above. Although there are return details on the web site in the T&C section they were not included in any emails i.e. Durable medium

So, onto my questions:
1 - Is it clear from the T&C who is responsible for the returns delivery charge.

2 - Since they failed to include this information in any "durable medium" communications with me are they deemed to have not informed me:
whether you require goods to be returned by the consumer and if so who will pay for their return.?

Oh and I presume their 25% handling charge is a bit naughty!!

OlliesDad

martinkil wrote: »

I've just received some goods and they were not what I expected. Under the DSR I have the right to notify the company I bought the good from within 7 days after delivery.

Now, the T&C from their website states:



As I said these are on their website which under the definition of the DSR on the OFT website is not a DURABLE MEDIUM:

It also say's in the OFT DSR DOC

My Italics above. Although there are return details on the web site in the T&C section they were not included in any emails i.e. Durable medium

So, onto my questions:
1 - Is it clear from the T&C who is responsible for the returns delivery charge.

2 - Since they failed to include this information in any "durable medium" communications with me are they deemed to have not informed me:
whether you require goods to be returned by the consumer and if so who will pay for their return.?

Oh and I presume their 25% handling charge is a bit naughty!!

I would say that you would be responsible for the return of the goods and the return carriage, however you would be able to claim back any delivery charges that you paid for the goods to get to you.

I am aware of MBS Wholesale and they tend to be a B2B supplier, so i would assume that the 25% charge would be referring to businesses who purchase from them.

KeithP

And leading on from the last sentence of OlliesDad's post...

Martinkil, are you a business purchaser or consumer?

martinkil

I'm a Consumer.
Buying some plastic glasses for a summer party in the garden