Distance selling - refund of postage?

coopersim

Hi, long time lurker, first time talker!

I'm after a it of advise please, my problem is this:

I've bought an item off the internet after first getting in touch with the seller to make sure the part was rivetted on rather than glued on, they confirmed it is rivetted, I've received the item and in fact it's not glued or rivetted but heat staked on. I've raised this with them and they said that's what they consider rivetting to be.

They've offered a full refund minus the cost of the initial postage (my initial order was over £50 so the delivery was free, but they've told me I will have £8.95 deducted from the refund to cover the postage), and I would have to stand the cost of the return postage as well - probably quite a bit as it's quite a heavy item.

What are my rights in this regard? I thought I was allowed to return the items within 7 days for a full refund including postage both ways, is this not the case?

Many thanks guys! :j

coopersim

T&C's from the web site if that helps:

TERMS & CONDITIONS

To benefit from free delivery, orders must total £50 or more (including VAT and excluding Back Order parts) to a mainland UK address. This offer applies to orders placed via our online store only. Any order placed by phone, fax, email or post will be subject to our published shipping rates.

Delivery addresses in the Highlands of Scotland or on Islands (eg: Isle of Man, Isle of Wight) may be excluded from the offer.

Bonnets and complete Type 2 front panels are excluded from this offer. On some products (eg: windscreens, type 2 doors) a charge may apply for special packaging materials, shipping itself is free.

If products are returned to us reducing the total order value to below £50, standard shipping rates for the balance will be deducted from the credit.

geri1965_2

I think that under the distance selling regs, the seller has to refund all costs incurred up until the point of delivery (inc postage). Return postage costs are subject to their terms and conditions.

wealdroam

Geri is right.

Read more about your rights in the MSE Consumer Rights article,
or the READ ME FIRST PLEASE . . . Useful links, Resources and FAQs thread.

unholyangel

Rejecting as faulty or "not as described" should entitle you to be refunded the costs of returning the item to them. But it would all depend on if you could prove that heat staked isnt the same as riveted (tbh i have no idea what heat staked is) and that they had told you the item was riveted.

But as above, under DSR's they have to refund you all monies paid (including delivery) and it cannot be subject to a restocking charge etc. They can require you to pay for return postage costs but only if you were given this as pre-contractual information.

coopersim

Thank you for your advice, I have read through the relevant bits of the Distance Selling Regulation, I have emailed the supplier outlining the regulations and what is expected of them.

I await their repsonse!

Oopsadaisy

You should get a full refund.

The seller misled you [innocent misrepresentation] and the goods are not satisfactory for what you ordered...full refund inc all postage costs.

Equaliser123

Oopsadaisy wrote: »

You should get a full refund.

The seller misled you [innocent misrepresentation] and the goods are not satisfactory for what you ordered...full refund inc all postage costs.

Innocent misrep would not entitle the OP to a full refund. Only damages.

Further, there is no remedy for items not being satisfactory for what is ordered.

Not as described so reject under s.13 SOGA.