Distance Selling Regulations and refund of postage costs

Yorkie71

Just a quick query. I purchased a bicycle on the internet, however it was slightly the worng size. I informed the seller straight away and it was returned within 4 days.

The seller however is stating that they are not obliged to refund the courier fees. I think this is incorrect.

The DSR states this:

14. - (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

And the supplier FAQs state this:

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.

Am I right to pursue this?

Regards

Meepster

They have to refund you the initial delivery charge that they made to you (if one applied) They don't however have to refund any charge you incurred for sending it back again...

OlliesDad

Meepster wrote: »

They don't however have to refund any charge you incurred for sending it back again...

Not quite true. They have to refund the return fees unless they told you that they were not liable for them in a durable form prior to the contract being formed.

Yorkie71

Just had a reply to an email in which I referred back to the DSR and I have been informed that I am correct in what I stated and will be refunded the original postage fees.

I'd also like to add that bikes2udirect.com have been second to none in their customer service.

Thanks for the advice.

antoneykent

If you are a small business buying from a wholesaler delivering your goods, do the DSR still apply?

and how about for fresh fruit, can you really return strawberrys if you give notice within 7days?

unholyangel

antoneykent wrote: »

If you are a small business buying from a wholesaler delivering your goods, do the DSR still apply?

and how about for fresh fruit, can you really return strawberrys if you give notice within 7days?

No they do not apply to business to business contracts.
And no, the right to cancel under DSR doesnt apply to perishable goods.