Distance selling regulation

joeypesci

I brought a bit of IT equipment recently and when it arrived I opened it to try it out. Sadly it didn't do what I thought it did so I now want to send it back under the distance selling regulation.

However the company are claiming as it's been opened, regardless of it being used or not, the item can only now be sold as a used unit. So the restocking fee will apply.

I thought the distance selling act protected you from restocking fees?

Googlewhacker

have you notified them within 7 working days?

joeypesci

Yep. The day it arrived I e-mailed them. Oddly they replied that night even though their opening hours are till 5:30pm

They are ILGS

This is the e-mail

[FONT=&quot]As the item has been opened, regardless of it being used or not, the item can only now be sold as a used unit. [/FONT]
[FONT=&quot]The restocking fee will apply.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Regards[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot][IMG]file:///C:/Users/Me/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif[/IMG] [/FONT]
[FONT=&quot]Customer Service | ILGS.co.uk[/FONT][FONT=&quot]
[/FONT][FONT=&quot]Unit[FONT=&quot] [/FONT]2, Winey Close, Chessington, Surrey, KT9 2SP
[FONT=&quot]tel:[/FONT] +44 (0)871 2211 450 [FONT=&quot]fax:[/FONT] +44 (0)871 2211 451[/FONT][FONT=&quot][/FONT]
[FONT=&quot]www.ilgs.co.uk[/FONT][FONT=&quot][/FONT]

joeypesci

They have this on their RMA form

Returns and Refunds Policy

ILGS makes every effort to ensure the right product is delivered to the right address and to the right person. However should there be an error, customers should immediately contact our Customer Services department.
Our returns policy is designed to provide an effective way for returning goods, thus reducing the time spent by all parties and ensuring a high level of customer service.
In order to return goods, customers must obtain an RMA (Returns Merchandise Authorisation) number. In order to request an RMA number, customers can either email the customer services or complete an RMA request online.
All returned Goods must be accompanied by all of the original packaging, together with all manuals, all accessories and documentation provided by the manufacturer, including any freebies. No returns can be accepted if any of the relevant packaging, accessories etc. are damaged/tampered.

1. When can Products be returned?

Customers may return Goods :-
• For products which are faulty or damaged in transit
• For delivery of incorrect products
• For products which differ to the description we have provided prior to delivery
• Under the Distance Selling Regulations

2. Returning Products

In order to return products please follow the below procedures: Customer should contact [EMAIL="sales@ilgs.co.uk"]sales@ilgs.co.uk[/EMAIL] or complete a request for an RMA form online. Customers shall need to provide the following:
• The Sales Order Number to which your return relates,
• The Part Number or/and Serial Number of the Goods to be returned
• The description of the product of the Goods
• The reason for requesting a return

Once the Customer Services team receive the request for RMA, they shall contact the customer. In most cases returns are processed within the same working day.
A valid RMA number is issued by company for the products in question and this is sent to the customer via e-mail or post. The documentation must be attached to the outer packaging. Company shall arrange for Goods to be collected. Where you are responsible for returning the Goods to us, we recommend using a reputable carrier and ensuring Goods are insured, since you are responsible for the goods during delivery .

Where the Seller accepts the return of Goods, the Seller reserves the right to make a handling and restocking charge of 30% or £50.00 which ever is greater on Goods which are returned if they were ordered in error or are no longer required by the Buyer.

3. When Does the Company arrange Collection of Goods?

The company shall be liable for the collection of the Goods where:
• Goods are faulty or damaged in transit
• Wrong Goods have been delivered
• Goods are different to the description we have provided prior to delivery
• Under the Distance Selling Regulations
Where a collection fails due to your error, the company reserves the right to deduct costs associated with that failed collection.

4. When does the Customer Arrange Delivery?

Customers are responsible for returning Goods when:
• Cancellation of order for non-damaged/non-defective, unopened Merchandise, unwanted Merchandise.

5. Replacement of Goods

Where goods are to be replaced, the company shall create a credit note to the value of the Goods being returned and a new order will be created by us for the replacement Goods and details of the order shall be visible online.

6. Refunding of Goods

Where a credit is required for Goods returned, funds will be credited to the credit card, debit card. For customers with credit accounts funds will be credited to the customer account.

7. Non Accepted Returns

No returns shall be accepted for Goods arising from standard wear and tear, accidental damage or where any of the relevant packaging, accessories etc. are damaged.
For returns of non faulty products you will also need to return with the Goods all of the original packaging, together with all manuals, all accessories and documentation provided by the manufacturer along with any freebies. The Goods must be un-used and received in a re-saleable condition. No returns can be accepted if any of the relevant packaging, accessories etc. are damaged.

8. Warranty

Unless products are refurbished/ExDemo, then all products supplied by company carry a manufacturers warranty which shall be stated in the manufacturers documentation provided in the packaging. For all refurbished products the warranty can vary case by case.

9. Cancellation of Orders

Should a user or business wish to cancel an order placed on www.ilgs.co.uk they can do so by e-mailing [EMAIL="sales@ilgs.co.uk"]sales@ilgs.co.uk[/EMAIL] quoting the order number, reference numbers, serial and description of the product
The cancellation shall incur no charges if the order is cancelled prior to goods being dispatched from our warehouses.
In cases where the goods have already been dispatched, customers can arrange for them to be returned to us (at their expense) within 7 working days of the date goods arrived. Customer should contact the company to request an RMA or complete a request form online.
All returned Goods must be accompanied by all of the original packaging, together with all manuals, all accessories and documentation provided by the manufacturer including freebies. The Goods must be un-used and received in a re-saleable condition. No returns can be accepted if any of the relevant packaging, accessories etc. are damaged.
We advise customers to ensure that they return the packaging in exactly the same way it was delivered and that appropriate insurance has been arranged against loss or damage to goods in transit, as it is the customer’s responsibility.

10. Goods Damaged in Transit

If goods are visibly damaged on receipt, it is very important to sign for the goods as “Damaged on Arrival” with the courier and then contact/inform us soonest. We do request that customers report it to us within 2 working days from receipt of the Goods.

11. What can Invalidate Replacement Goods:

• The Goods are not faulty based on information given on the RMA form
• The Goods have been tampered with or are physically damaged

12.Other Important Information

- Consumables
In the case of consumables (such as toner, ink cartridges, drum and paper) where the suitability and/or compatibility of the Goods is ascertainable without breaking the factory seal, RMAs will not be provided nor Goods accepted for return if the factory seal has been broken.

- Software
Software that has been opened and is not faulty or damaged prior to delivery cannot be returned in any circumstances. Unopened software may be returned in accordance with this returns policy.

-Computer memory

Computer memory cannot be returned back once sold.

- Condition

Goods Must Be Returned In You are entitled to return the goods to us for a full refund on condition that you take reasonable care of the goods until they are returned to us.
- Do not open shrink-wrapped or blister pack products or break any manufacturers seals.
- Return in good condition all packaging, manuals, cables etc.
- Return the Goods in a condition that would enable us to resell them as new.
- Statutory Rights
None of the foregoing shall affect your statutory rights.

Please note that telephone calls may be monitored or recorded for quality assurance and/or training purposes.

I'm was also sure the distance selling reg meant they pay for the return costs not me. But their site implies I have to pay it.

Proc

joeypesci wrote: »

They have this on their RMA form



I'm was also sure the distance selling reg meant they pay for the return costs not me. But their site implies I have to pay it.

You pay return costs unless item is faulty if I recall correctly. They're a business that makes their money from selling products and not from lending out IT equipment for free hire.

joeypesci

Fair dos hopefully they send a courier so I don't have to organise it.

neilmcl

You are entitled to a full refund incl. postage to you under the DSRs. If, as in this case, the seller specifies in their T&Cs that you should pay return postage then that is what you have to do. They cannot charge you a restocking fee.

Please read the following http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

gordikin

joeypesci wrote: »

Fair dos hopefully they send a courier so I don't have to organise it.

Do you really want them to arrange a courier at your expense?

wealdroam

You may find the following paragraphs from the document that Neilmcl linked to particularly useful...

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 prepayment
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.

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.

There are other paras well worth reading.

joeypesci

Hi the company are really annoying me now. They delayed the rma and now not sending a couirer. They said they could but it would cost me more and thought it would be cheaper for me to post myself. Anyway, they are insisting I pay a restocking fee. 30% which makes it £75. I've told them they aren't allowed to charge a restocking fee. They claim they can because it's been opened and they now can't sell it new. I've told them they are wrong. I have 7 days grace, how can I find it didn't do what I wanted without opening and using. What are my rights? They've said the warehouse said there will be a restocking fee bit they will try to bring the price down at managers disgression. Are they right or should o fight it?

joeypesci

Can type better now not on the crappy iTouch (hate it).

I sent them this and told them to read that

http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf

And pointed this out

[FONT="]Who pays for returning the goods if the consumer cancels[/FONT]
[FONT="]an order?[/FONT]
[FONT="]3.55 [/FONT][FONT="]If you want the consumer to return the goods and to pay for that[/FONT]
[FONT="]return, you must make it clear in the contract and as part of the[/FONT]
[FONT="]required written information – see paragraph 3.10. If the consumer[/FONT]
[FONT="]then fails to return the goods, or sends them at your expense, you[/FONT]
[FONT="]can charge them the [/FONT][FONT="]direct cost [/FONT][FONT="]to you of the return, even if you[/FONT]
[FONT="]have already refunded the consumer’s money. [FONT="]You are not allowed[/FONT][/FONT]
[FONT="]to make any further charges, such as a restocking charge or an[/FONT]
[FONT="]administration charge.[/FONT]

They sent back

Exceptions to the right to cancel
13. - (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts -
(a) for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer's agreement before the end of the cancellation period applicable under regulation 12;

(b) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;

(c) for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

(d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

I told them they applies to software ONLY. I never opened the software supplied, that is still sealed.

Are they trying to fob me off?

It's ILGS and will NEVER be shopping with them again.

As I told them, a while ago, from an online camera store I brought a SLR camera, over £300 worth. Tried it, didn't like it, sent it back within 7 days. No restocking fee was charged, only thing I had to keep was the flash memory I ordered separate.