Returning a mattress by courier/DSRs

Optimist

Tim_Deegan wrote: »

The refund is dependent on either the item being returned, or proof of postage. The retailer doesn't have to actually have received the mattress, but the would be required to have sent the item. Otherwise people would have to be refunded, but wouldn't have to return the goods.

The DSR guides on the web are only rough guide lines. No judge would expect a retailer to give a refund if they weren't confident that they would receive the goods back. What you have quoted is from the rough guide.

Sorry you are incorrect. The retailer must refund within 30 days of receipt of notice of cancellation. That is not dependent on the consumer returning the goods.

If the consumer does not return the goods then the retailer may arrange collection and make a charge up to the actual cost of recovery but that is a separate matter.

Tim_Deegan

Scarlett wrote: »

These are the terms from the website I ordered from. The email communication has come from a MattressNextDay address.

http://www.classicbedsteads.co.uk/terms.php



13. The Buyer's right of cancellation 13.1 In accordance with the Regulations the Buyer has the right of cancellation within 7 days except where a Product is tailored to customer requirements and without fault. 13.2 To exercise the Buyer's right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered and (where appropriate) their delivery. Notification by phone is not sufficient. 13.3 Once the Seller has been notified of the cancelling of the Contract, the Supplier will refund or re-credit the Buyer within 30 days for any sum that has been paid or debited from the Buyer's credit card for the Products. 13.4 If the Buyer does not cancel the Contract in accordance with clauses 3.1 and 3.2, the Buyer shall be deemed to have accepted the Goods (except any manufacturing faults) and will not be liable to return the Goods to the Seller. 13.5 If the Seller has delivered the Products to the Buyer but the Buyer wants to cancel the Contract, as prescribed in clauses 13.1 and 13.2, the Buyer must retain possession of the Goods until the cancellation notice has been sent to the Seller within the relevant time limit. The Products can not be used. The Buyer will be responsible for returning the Products to the Supplier at the Buyer's own cost. The Products must be returned to the address in the definitions section. The Buyer must take reasonable care to ensure that the Products are not damaged in the meantime or in transit and return then in the packaging and condition they were delivered to the Buyer.

Now this is a strange one. You say that you bought through Classic Bedsteads, but you received correspondence from mattressnextday. Now both of these addresses are on different industrial estates in Whitstable in Kent. Yet neither of the post codes shows up in the Applegate directory for either company. And you can't find either company on a post code search.

Anyway it appears that the companies are linked. So you would therefore assume that they use the same courier. So there should be no reason why they couldn't collect the mattress.

Tim_Deegan

Optimist wrote: »

Sorry you are incorrect. The retailer must refund within 30 days of receipt of notice of cancellation. That is not dependent on the consumer returning the goods.

If the consumer does not return the goods then the retailer may arrange collection and make a charge up to the actual cost of recovery but that is a separate matter.

You are also quoting the rough guide to DSR's.

If a seller hhas any reason to suspect that an item will not be returned, then no court will force them to do so.

neilmcl

Tim_Deegan wrote: »

You are also quoting the rough guide to DSR's.

If a seller hhas any reason to suspect that an item will not be returned, then no court will force them to do so.

Hardly a "rough guide", it's the OFTs official, expert, business guide in interpreting the DSRs. As long as the goods aren't exempt the right to cancel is unconditional.

Tim_Deegan

neilmcl wrote: »

Hardly a "rough guide", it's the OFTs official, expert, business guide in interpreting the DSRs. As long as the goods aren't exempt the right to cancel is unconditional.

Well maybe I used the wrong word. Even on their web site they describe it as a brief guide, and say that it isn't the full version.

Yes we know that the buyer has a right to cancel, and that isn't in question here. What is in question is if the seller has to refund before return, or vice versa. Where the brief guide says it is not dependant on the seller having received the items back, they would need to be sure that they are going to receive them back. Otherwise there would be loads of theft carried out this way.

dmg24

Tim_Deegan wrote: »

Well maybe I used the wrong word. Even on their web site they describe it as a brief guide, and say that it isn't the full version.

Yes we know that the buyer has a right to cancel, and that isn't in question here. What is in question is if the seller has to refund before return, or vice versa. Where the brief guide says it is not dependant on the seller having received the items back, they would need to be sure that they are going to receive them back. Otherwise there would be loads of theft carried out this way.

You are wrong on this again. Here is the relevant statutory provision:

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).

(2) The reference in paragraph (1) to any sum paid on behalf of the consumer includes any sum paid by a creditor who is not the same person as the supplier under a personal credit agreement with the consumer.

(3) The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

Optimist

Tim_Deegan wrote: »

You are also quoting the rough guide to DSR's.

If a seller hhas any reason to suspect that an item will not be returned, then no court will force them to do so.

I'm not in the habit of quoting "rough guides" it tends not to go down well in court.

Whilst the supplier has the right to expect the return, the refund it is not depended on it and must be given within 30 days of cancellation irrespective.

If you wish to read the DSRs in their entirety then here is the link Section 14 is the relevant part

Tim_Deegan

dmg24 wrote: »

You are wrong on this again. Here is the relevant statutory provision:

I'm not going to argue about this as we are going around in circles, and people are ignoring half of what I say anyway. And I do know how courts often find in cases like this. But lets hope it doesn't come to that.

So lets get back to helping the OP, as they obviously want to return the goods, although they haven't said if they want an exchange or just a refund. If they want an exchange for the correct size, then I'm sure the seller would be more understanding. As I said previously, the seller must have some means of transporting faulty goods that are returned.

allstar4eva

I suggest those reading this thread look at my thread of a month or so ago about mattresses and distance selling regulations...

fthl

Tim does have a point, if a court can be satisfied that the consumer did not intend to actually return the goods then they probably won't find against a trader that didn't refund within the 30 days. The burden of proof is on the retailer though and it is risky. It is for this reason that sensible retailers will arrange a collection - this way they have evidence that a consumer is not co-operating and it makes it easier to defeat any subsequent claim.

those claims that do come before a dj will probably result in an order for a refund, restitution of the goods and a split costs order (such as you get in the small claims track).