internet shopping rights

Beatrice78

My father bought a freezer over the internet, the day after he received it decided it wasnt suitable and asked if he could swap it for a different one, they have told him no and will come and collect the one delivered at a charge of £80, the freezer was £300, can they really do this?

Any help would be appreciated

catmiaow

With online shopping, he has seven days to return it. If the item isn't faulty then the company do have a right to charge a collection fee.

What does it say on his receipt about returns? You might find if you ask nicely you might get it collected for free, especially if they know you will be buying something else from them.

Esqui

I think they do have to mention a collection fee if they charge one.

Or is it that they have to mention that it's free if it's free. I forget

derrick

Esqui wrote: »

I think they do have to mention a collection fee if they charge one.

Or is it that they have to mention that it's free if it's free. I forget

If they don't mention a return fee, then then can't charge one.

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]
From page 25; -
Refunds (Regulation 14)
When do I have to refund a consumer’s money if they cancel an order?
3.46 As soon as possible after the consumer cancels, and in any case within 30 days at the latest. You must refund the consumer’s money even if you have not yet collected the goods or had them returned to you by the consumer. You cannot insist on the goods being received by you before you make a refund. See also paragraph 3.64.

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre- payment made including the cost of delivery. The essence of, distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.


From page 27; -
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.



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skintbutsolvent

Had he plugged it in and turned it on? If so I think he loses the right to cancel.

neilmcl

skintbutsolvent wrote: »

Had he plugged it in and turned it on? If so I think he loses the right to cancel.

You think wrong.

gordikin

skintbutsolvent wrote: »

Had he plugged it in and turned it on? If so I think he loses the right to cancel.

I suggest you KNOW rather than think before you post!

cyberbob

skintbutsolvent wrote: »

Had he plugged it in and turned it on? If so I think he loses the right to cancel.

:T:T and the prize for the silliest comment of the day goes to.............. .........

skintbutsolvent

Ignoring 'clever' comments, I thought you only hada right to change your mind up to the point that you used it, andonce it is turned on its been used?? Does this apply to other products then? I know you can't return a mobile that has been opened, or a dvd, etc.

shellsuit

What company did he buy it from Beatrice?

derrick

skintbutsolvent wrote: »

Ignoring 'clever' comments, I thought you only hada right to change your mind up to the point that you used it, andonce it is turned on its been used?? Does this apply to other products then? I know you can't return a mobile that has been opened, or a dvd, etc.

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

My red highlighting.

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.



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