Mattress Return Distance Selling Regulations

fthl

if he does then you pay for your own and then he refunds you in full, and you sue for the cost of your courier.

And ultimately, if you are suing for the cost back it doesn't matter what he charges. The more he does the more likley it is that you will sue for the cost.

allstar4eva

Thanks for the advice. As I mentioned earlier in the thread. If it comes down to return cost the order is technically incorrect and the DSRs state where the contract is not met fully the supplier pays for the returned items...

allstar4eva

sunshinetours wrote: »

This would be all the more important if you wife has been in an accident recently. Pregnancy isn't really relevant apart from the fact she needs a good supporting mattress and plenty of pillows to support bump etc (I know there was hardly room for me in the bed when my wife was pregnant as she has so many pillows between legs, under bump etc !)

Pregnancy is relevant as she was suffering already with her back due to pregnancy and the accident made things worse...

fthl

the DSRs state where the contract is not met fully the supplier pays for the returned items

Where is that in the regs? I couldn't spot it on a cursory glance? Are you sure you are not confusing the dsrs with any soga rights?

devildog

Must say that the matress I have now is an open coil(no memory foam) and it has been soooooo comfy and when we have given it up to visitors they always want to know what make it is because they want one too! If I could replace with exactly the same I would!

As a general point of interest(nothing directly related to case here) but made me think anyway-obviously there are the distance selling regs(or whatever the correct term is) and obviously online retailers have their own terms and conditions too-which one of them is ultimately correct law wise? DO terms and conditions over rule distance selling??

wealdroam

devildog wrote: »

As a general point of interest(nothing directly related to case here) but made me think anyway-obviously there are the distance selling regs(or whatever the correct term is) and obviously online retailers have their own terms and conditions too-which one of them is ultimately correct law wise? DO terms and conditions over rule distance selling??

Nothing can over-rule your statutory rights.

In other words, nothing in their T&Cs can remove rights given to you in DSRs.

p.s. that's for consumers. B2B is different.

allstar4eva

fthl wrote: »

Where is that in the regs? I couldn't spot it on a cursory glance? Are you sure you are not confusing the dsrs with any soga rights?

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Return of goods following cancellation (Regulation 17)
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.

It is trivial yes - but if it comes to it the goods did not meet the contract as they delivered the wrong brand of mattress protector. Bearing in mind that it was the lowest value part of the order I don't know if it would make a difference but technically the goods did not comply with the contract.

In this instance the supplier did not make it clear that the consumer is responsible for returning the item and paying for it's return.

In fact the supplier does not detail consumers rights under DSR. Normally suppliers specifically mention DSRs specifically.


The information you give must include details about:

......

n consumers’ right to cancel their orders where appropriate.
See paragraphs 3.22 to 3.36 under ‘Cancellation rights’.

He has also blatantly disregarded the DSRs in our communications by suggesting he would not refund until I returned the goods.

He claimed DSRs made exceptions for hygiene which they do but only if the supplier requests that items are not opened. If they do not make that request then hygiene exceptions do not apply.

I am comfortable with my legal position but obviously a hassle free way out is best for all.

allstar4eva

............

allstar4eva

To be fair. There is a reasonable body of evidence that suggests Tim is a very good trader. I haven't seen many other bad reviews so maybe for some reason I rubbed him up the wrong way. I am convinced that I have the law on my side but Tim take this as a public request for an amicable resolution to this unfortunate situation.

Please let me know if you are willing to compromise over this?

fthl

Ok, you are confusing the dsrs and soga. the right to a return if the goods are wrong or faulty comes from the soga, not the dsrs.

There are a number of different rights available under the soga, which you are entitled to depends on the circumstances. You have not given enough information to allow me to comment on whether you have a right of return using soga, or whether this extends to the whole contract, or just the mattress protector. It could potentially be either.