Consumer rights

neilmcl

The DSRs specify that the buyer should pay for the cost of the return but this must be outlined in the sellers T&Cs, if its not mentioned then the seller is responsible for all costs including the cost of returns.

OP, who is the retailer?

ade4lifeuk_2

Just looked on there web site an in the T&C it states 'On receipt of the goods we will arrange to refund you in full including any delivery costs incurred' so I shall quote this in my next conversation.

Thanks all to who have responded.

Cheers

fluffnutter

"Additional services" (which includes express delivery) don't necessarily have to be refunded although I'm struggling to interpret the circumstances in which the refund can be withheld. See if anyone else can make sense of this....

If you provided additional services such as gift wrapping or express
delivery that a consumer specifically requested, then you may
withhold the additional charges incurred by the consumer for these
services only if:

- the additional services were provided under a separate contract
- you had the consumer’s agreement to start the additional services
before the end of the cancellation period, and
- you provided the consumer with the required written information
before you started the additional services, including information
that the cancellation rights would end as soon as you started to
carry out the additional services.

ade4lifeuk_2

The T&C also states the following 'If you wish to exercise your right to cancel this contract after your order has been despatched please notify us by email of your intention to cancel the order'.

Could them receiving the item back be interpreted as cancelling the order??

fluffnutter

Ade, what constitutes "cancelling the order" is also detailed in the DSRs. When you returned the item, I assume you completed a returns slip? This should suffice (although the fact that they've got the goods back should do it as well!). Try the link below. You'll have to download the pdf.

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/distance-selling-regulations/

ade4lifeuk_2

Thats great, really helpful thanks again.

Ade

neilmcl

fluffnutter wrote: »

although the fact that they've got the goods back should do it as well

No it doesn't. Simply returning an item doesn't imply you've cancelled under the terms of the DSRs. You have to cancel in writing via a durable medium unless otherwise agreed with the seller.

adam.mt

fluffnutter wrote: »

See if anyone else can make sense of this....

If you provided additional services such as gift wrapping or express
delivery that a consumer specifically requested, then you may
withhold the additional charges incurred by the consumer for these
services only if:

- the additional services were provided under a separate contract
- you had the consumer’s agreement to start the additional services
before the end of the cancellation period, and
- you provided the consumer with the required written information
before you started the additional services, including information
that the cancellation rights would end as soon as you started to
carry out the additional services.

That corresponds to what I've read too (can't find an appropriate quote at the moment sorry). Basically if you've paid extra for a delivery service other than their normal, or for gift wrapping or similar, then the retailer doesn't have to refund this under the DSR. This is because they are considered separate services which you've fully received (initial delivery isn't considered that since it's basically a necessity for a distance sale). It should be mentioned in their T&Cs though, in the same way as the buyer being responsible for the return delivery postage.

EDIT: Found the quote, it's as above; just requires a modicum of thought to interpret it correctly (silly me!).

derrick

From a post I made earlier re a similar point;-

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

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.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.



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.


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derrick

adam.mt wrote: »

That corresponds to what I've read too (can't find an appropriate quote at the moment sorry). Basically if you've paid extra for a delivery service other than their normal, or for gift wrapping or similar, then the retailer doesn't have to refund this under the DSR. This is because they are considered separate services which you've fully received (initial delivery isn't considered that since it's basically a necessity for a distance sale). It should be mentioned in their T&Cs though, in the same way as the buyer being responsible for the return delivery postage.

From my link above;-

What specifically do I have to refund to the consumer if they cancel?

3.49 If you provided additional services such as gift wrapping or express delivery that a consumer specifically requested, then you may withhold the additional charges incurred by the consumer for these services only if:

the additional services were provided under a separate contract.

you had the consumer’s agreement to start the additional services before the end of the cancellation period, and

you provided the consumer with the required written information before you started the additional services, including information that the cancellation rights would end as soon as you started to carry out the additional services.


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