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caraselledirect.com woeful retruns policy

Chris_P_2
Chris_P_2 Posts: 194 Forumite
edited 19 March 2011 at 10:34PM in Consumer rights
i recently bought a £11.99 + £3.95 item from this site, on delivery thie actual item is unbeleivably poor. Its the sort of thing a beginner would make in wood work class - pathetic. The site does not show well enough just how cheap the item is. Their returns policy doesnt refund postage costs, and they charge a £3 admin fee. So that'll cost me about £10 to return basically.

Their returns policy states they offer a "full refund".

what are my chances?

Comments

  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Assuming the item was not custom made then the following applies

    1) Under the distance selling regulations you have 7 days from receipt to return the goods for a FULL refund including the postage you paid for them to send the item to you.
    2) You are only liable for the cost of returning the goods if it says so on the T&Cs on their website
    3) They CANNOT charge an admin fee
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Their returns policy allows you to return things up to 21 days after delivery.

    They don't mention distance selling regulations at all.

    My understanding is that if you return under DSRs, they must refund delivery costs in both directions (because they don't say otherwise).

    But if you return in their extended return period, then their rules are in effect... i.e. they do not refund delivery costs and charge an admin fee.


    There has been some discussion elsewhere about contravention of DSRs.
    Does this company contravene them?
    I believe not.
    Is there anything in the DSRs that says a company must spell out a consumers rights?

    I am happy to be corrected on this. :D
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 19 March 2011 at 7:57PM
    "My understanding is that if you return under DSRs, they must refund delivery costs in both directions (because they don't say otherwise).

    But if you return in their extended return period, then their rules are in effect... i.e. they do not refund delivery costs and charge an admin fee."

    Spot on. The 7 working day rights under DSR are "unconditional", but beyond that it is up to them.

    The nearest I can currently find to your last question is the following from OFT's "guide for businesses on distance selling"

    3.1 You must give your consumers certain information before they agree
    to buy from you. We refer to this as pre-contractual information which
    includes the following.

    (viii) Information about your consumers’ right to cancel, where
    applicable – see paragraphs 3.22 to 3.36 under ‘Cancellation
    rights’.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Interestingly, para 3.23 of the OFT's guide says...
    if you do not give the required written information at all (or give it after the three month period mentioned above), the consumer’s cancellation rights will end after three months and seven working days from the day after the day the consumer received the goods.
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