Distance Selling Regulations - Return Postage

Frinkz

Hi,

I bought an item a business seller on eBay, and decided (before it even turned up) that I no longer wanted it.

I felt quite bad, so decided to email them saying I'd return it, and cover the postage. Though I am well aware, since their returns policy simply said "we will replace faulty items", they are also liable for return postage.

I messaged through eBay, and got no reply in 24 hours. So I emailed directly to their custom services address, and got no reply.

I decided they must be ignoring me. So I started a PayPal dispute, for a "significantly not as described", just to get their attention. They responded within 15 minutes. Saying they only accept faulty returns.

I told them, as a business seller (they're enormous, over 200,000 positive feedback) they have to take it back, because it's within 7 days of it arriving (well, it was before it even arrived).

I also told them, since I'd decided they were a**holes, I'd request them to pay postage. They sent me an address, and I prepared a courier to collect the item - I wanted to send it so I knew it wouldn't get damaged, and I could prove that it got returned - should I have to take it up with PayPal directly. This cost me just over £6, for a small-ish sized box (15cmx15cmx15cm).

When I told them I had sent it back, and included an invoice for the return delivery, they told me that they are not liable for the whole postage, because I could have used royal mail - which, admittedly, would have been cheaper (about £3.50), though is much more out of my way.

They've been very rude in their emails, and take a very long time to respond, it's very frustrating. I'm not usually bothered about things like this, but I feel like they've treated me like crap, and have been trying to take me for a ride from the very start.

I know the amount seems petty, but are they obliged to pay me the remaining £3, or is it true that they are only liable to refund what they deem to be a suitable price for delivery?

unholyangel

Did you win the auction or was it a classified ad/buy it now?

soolin

Actually if you see the news today the seller was not responsible for paying your return costs, so count yourself lucky you got any at all.

unholyangel

soolin wrote: »

Actually if you see the news today the seller was not responsible for paying your return costs, so count yourself lucky you got any at all.

According to OFT, under the DSR they need to advise them prior to any contract being formed what the returns policy is and who should bear return postage costs. They should also receive confirmation of these in a durable form (ie in writing) if the initial arrangement was made online/over the phone.

However, not all sales on Ebay are covered by the DSR.

Unless thats something else that the Tories have changed.

Bernie

I've just had a similar experience with Jual Domestics over the delivery of a large fridge/freezer.

They wanted to deliver when I was away on business. I called them to make sure they would deliver into the kitchen and not leave the item on the doorstep with my wife. "No problem Sir" etc...

Yeah! You've guessed it - one delivery man and FF left in the garage.

There was a lot of argy-bargy with them about DSR with them denying outright what had been agreed by their rep on the phone. The company's understanding of DSR requirements was either non-existent or totally ignored. Even the paperwork sent with the hard-copy order confirmation contradicted the prior information promulgated on their website.

Fortunately, our Truecall unit came to the rescue, I sent them a recording of the conversation where their man agreed to deliver and install the FF.

They conceded the point with sullen acceptance. We arranged for a removal company to come and hump the lump into the kitchen from the garage and Jual Domestics paid the £60 cost.

As the company was so out of compliance with DSR, I detailed my experiences in a complaint to the OFT via Consumer Direct.

They've got to be trained....

:beer:

neilmcl

How long ago was this? It's quite clear in their T&Cs that any return under the DSRs would be at the customer's expense.

adam.mt

Return costs should be reasonable, thus if it could be returned via Royal Mail (surely the 'default') and you chose more expensive courier, I can see their argument in only refunding the cost with Royal Mail. I'd say settle for that, it's not worth the argument - their action seems fair.

Bernie

neilmcl wrote: »

How long ago was this? It's quite clear in their T&Cs that any return under the DSRs would be at the customer's expense.

....but did you see this bit:

If the customer requires JUAL Domestics Ltd to de-box the product and/or remove the rubbish and/or take the item into their property, this is at an extra charge and must be booked prior to delivery. Please ask a member of our sales team for a quote.

....Because they didn't - even when I cut and pasted it back to them.

Frinkz

Thanks for the responses guys.


Yes, the item was a "Buy it now" from a Ltd company, so DSR applies.

And no, they did not explain anywhere in their returns section that I would be paying return postage - which is why they were liable.

As I explained when they asked why I did not send by royal mail, I do not live nearby to a post office, and I do not own a car. Had I got the bus to the nearest post office, it would have cost more in total.

After a couple more emails and quoting various legaslation, they gave in, and refunded the full amount.

It was a petty dispute over a tiny amount of money, but they were trying to pull a fast one on me. I can only hope as one of the largest eBay sellers in the UK, they read the DSR and al

ter their returns description for their own benefit ¬_¬
:money:

pento

Think you're lucky they decided to refund the full amount. It was fair for them to only give you back the £3 which it would have cost through Royal Mail. But dont matter now you got the money back.

jualdomestics

JUAL Domestics would like to apologise - as soon as we realised that a trainee salesperson had given out the wrong information we tried to resolve the situation, at once. We paid Bernie’s out of pocket expenses as customer service is of the upmost importance to us. The operator involved is being re-trained and we sincerely hope it will not happen again. Our website and our terms and conditions have been fully checked by West Yorkshire Trading Standards, and we fully abide to all selling laws. If anyone wishes to discuss any points with us, please contact us directly. Thank you.