Internet refund rights - received shocking quality goods and want to return.

diligentconsumer

Hi there, I ordered two snuggie wraps from TV Shop Outlet online. They were described as thick fleece....they have arrived today and are more like fuzzy felt! They are very thin and definitely not fleece, very much like a felt material. I want to return these substandard goods but their return policy states I have to pay the return postage costs. Is this legal? Surely if they have misrepresented some goods they are selling and they are not as described, I shouldn't be out of pocket at all should I? Would really appreciate some info on this. Many thanks.

BargainGalore

Yes all the ones I have seen and we have them from else where are just thin felt like material

You can send them back under 7 day cooling off period (distance selling act) I believe they must repay return postage as next got into bother a few months back and the law got clarified

bris

No they don't have to repay return postage under DSR as it clearly states so in their conditions. They do have to pay you your original delivery though.

derrick

bris wrote: »

No they don't have to repay return postage under DSR as it clearly states so in their conditions. They do have to pay you your original delivery though.

They do if goods are faulty or not as described;-
[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT];-
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.


They do if the goods are "not as described" under SoGA.
"As described


This means that the item you buy should be the same as any description of it. A description could be what the seller has said to you about the item or something written in a brochure."


.

diligentconsumer

Thanks so much for the advice - the seller says on their website tvshopoutlet .com that I have to notify them before I return goods, but amazingly there is no contact number, just an email which on a Friday afternoon onwards appears to be unmonitored as I have had no reply. I'm concerned now that if I return the goods, that will be the last I will see of them and my money!

diligentconsumer

and even more shocking - they do not have a returns address on their website - I have to wait for them to reply to my email to give me an address for a return!!!

Can I report them to Trading Standards? Firstly for their gross misrepresentation of the product they are selling and secondly, if they don't respond to my email or refuse to return my postage costs?

derrick

diligentconsumer wrote: »

and even more shocking - they do not have a returns address on their website - I have to wait for them to reply to my email to give me an address for a return!!!

Can I report them to Trading Standards? Firstly for their gross misrepresentation of the product they are selling and secondly, if they don't respond to my email or refuse to return my postage costs?

Yes report them to Trading Standards as they are breaking the DSR

See pages 13-15 from this document (my emphasise in red)

i.e. from page 14;-
In all cases you must also give your consumers the following information in a durable medium:

when and how to exercise their rights under the DSRs to cancel including:

for goods – whether you require goods to be returned by the consumer and if so who will pay for their return. For more information on this see paragraph 3.55

for services – the consequence of agreeing to a service starting before the end of the usual seven working day cancellation period. See paragraph 3.22 under ‘Cancellation rights’

details of any guarantees or after-sales services

the geographic address of the business to which the consumer may direct any complaints. There is no definition of ‘geographic address’ in the DSRs but our view is that this means a physical location, so a P O Box address is not sufficient,



.

curly68

I also ordered these blankets. I contacted them via e-mail to return them several times with no- reply. Have reported them to Consumer Direct who found me their registered adress and advised me to write to them requesting a refund. I did this on the 19/11/10 by recorded delivery. I have heard nothing. Consumer Direct also passed this info to my local trading standards who have made a complaint on my behalf. Do not buy from this site unless you know that you will not want to return your items.

tinders

Hi there. I've just taken delivery of a faulty home appliance i ordered via the web and want a replacement or refund but the company I purchased from say by ticking their terms & conditions I have waived my rights and they will only offer to repair the range cooker! Am I within my rights to demand a replacement or refund? The cost of the item was £799!

Mark_Hewitt

tinders wrote: »

Hi there. I've just taken delivery of a faulty home appliance i ordered via the web and want a replacement or refund but the company I purchased from say by ticking their terms & conditions I have waived my rights and they will only offer to repair the range cooker! Am I within my rights to demand a replacement or refund? The cost of the item was £799!

You cannot waive your legal rights, no matter what boxes you may have ticked.
If it is within 7 days advise them you are returning under the distance selling regulations for a full refund. They cannot legally refuse unless your appliance was made to order.

derrick

tinders wrote: »

Hi there. I've just taken delivery of a faulty home appliance i ordered via the web and want a replacement or refund but the company I purchased from say by ticking their terms & conditions I have waived my rights and they will only offer to repair the range cooker! Am I within my rights to demand a replacement or refund? The cost of the item was £799!

You cannot waive your rights by signing a companies T&Cs.

Under DSR you are entitled to return any item, (without reason), up to 7 working days following day of receipt of goods, if those goods are faulty, then under DSR and SoGA (Part 5A, 48A), you have the LEGAL right to a refund and ALL delivery costs to be paid by the retailer.
I would also contact Consumer Direct and Trading Standards as this company is attempting to deny you your legal rights.

Advise them in writing, (an e-mail is sufficient), that you wish a refund or replacement, (your choice as goods are faulty),under DSR/SoGA as the goods are faulty.



.

.