Have I prejudiced my statutory rights?

PHYTHIAN

Equaliser123 wrote: »

Being honest, nobody gives a stuff what your opinion is.

Thanks for your valued and deeply analytical input.

marcowil

PHYTHIAN wrote: »

Ok...all points re poor website design and not having overheads are taken fully on board. However the OP is not saying they ordered it wrong because they didn't know what they were ordering simply that they ordered the wrong thing in the place.

The DSRs show that no 'restocking fee' should be made by the retailer and thus I would think that an agreement to pay one is null and void. However I stand by my initial opinion that this is not the retailers fault and simply caused by the OPs negligence who is now using the DSRs to avoid the costs the retailer has had to meet.

Sorry if I seemed a tad harsh but having been a retailer whose business went to the wall because of people avoiding payments, it is a subject which often riles me.

The OP is not trying to avoid payment and is doing nothing wrong. They are returning the goods for a full refund as is their right under the DSR (ordered in error/ordered and didn't like it - doesn't matter). The retailer will then only be out of pocket by the delivery charges which they would already be aware of.


The DSR's are quite clear for both retailer and customer. If a retailer doesn't like it then they shouldn't be selling online.

I once had a well known retailer tell me that they were refunding the delivery charges as a "goodwill gesture" since they believed that delivery was an "additional service" and therefore the DSR's did not apply!

My response was, if you are an online retailer and I do not choose your "additional service" how on earth do I get my goods?!

rsykes2000

PHYTHIAN wrote: »

Thanks for your valued and deeply analytical input.

The OP wanted legal advice, You gave your opinion, which was both incorrect and irrelevant

PHYTHIAN

I gave my opinion ..yes....and also said I was unsure were the Op stood legally. I have read through others' posts and read the DSRs myself and agreed my opinion was incorrect on a legal standing.

Do you need further clarification or would you like to actually read the rest of the posts?

Equaliser123

PHYTHIAN wrote: »

I gave my opinion ..yes....and also said I was unsure were the Op stood legally. I have read through others' posts and read the DSRs myself and agreed my opinion was incorrect on a legal standing.

Do you need further clarification or would you like to actually read the rest of the posts?

Sheesh. You weren't asked for your personal opinion. You were totally factually wrong.

If you don't like the DSR's write to your MP or something but don't confuse things here.

PHYTHIAN

I don't think that's how a judge would see it, but what's your view please?

Sheesh right back at ya.....yes I was.

stugib

PHYTHIAN wrote: »

However I stand by my initial opinion that this is not the retailers fault and simply caused by the OPs negligence who is now using the DSRs to avoid the costs the retailer has had to meet.

On an individual case basis I'd have sympathy with that view, but if they're planning their business properly they'll have factored in that a number of orders will be returned with postage refunded and they can spread those costs over the volume of all their orders.

Equaliser123

PHYTHIAN wrote: »

I don't think that's how a judge would see it, but what's your view please?

Sheesh right back at ya.....yes I was.

A judge wouldn't see it like what?

PHYTHIAN

Equaliser, are you a woman who just want to et the last word in? Canwe leave things alone now and move on to pastures new?

I'm admitted my mistake re the law etc and will flog myself at the weekend for having an opinion which may be in favour of the retailer rather than the customer. I will also try and attend confession on Sunday so that my soul does not burn in hell.

Equaliser123

PHYTHIAN wrote: »

Equaliser, are you a woman who just want to et the last word in? Canwe leave things alone now and move on to pastures new?

I'm admitted my mistake re the law etc and will flog myself at the weekend for having an opinion which may be in favour of the retailer rather than the customer. I will also try and attend confession on Sunday so that my soul does not burn in hell.

Not a woman at all. You said about how a judge would see things. I asked in what context. Simple really.