Distance Selling Reglations

BarbJ

Hi - Can a company's 'Terms and Conditions' over write the law? For example: if I buy something on-line (from a Shopping Channel) and return it should I get my Postage costs back? - the OFT Distance Selling Regulations say I should but the company's terms and condition say not.
I have been charged £3.71 postage and am expected to return the item via royal mail at my expence. BJ

shaun_from_Africa

Provided that the DSR's are applicable to the sale and you informed the seller of your wish to cancel within the timescale required then yes, you should be refunded your original payment in full.
The retailer can expect you to pay for the return postage costs, but only if this was made clear in their T&C's before you purchased.

unholyangel

shaun_from_Africa wrote: »

Provided that the DSR's are applicable to the sale and you informed the seller of your wish to cancel within the timescale required then yes, you should be refunded your original payment in full.
The retailer can expect you to pay for the return postage costs, but only if this was made clear in their T&C's before you purchased.

Just to add it needs to have been made clear in a durable form (ie email, letter, fax).....websites arent durable.

shaun_from_Africa

Good point. I keep forgetting about that bit.

unholyangel

shaun_from_Africa wrote: »

Good point. I keep forgetting about that bit.

I forget things all the time, luckily never forgotten to get dressed before going out yet! :rotfl:

I made a comment on another thread in the past few days about something relevant to this though. I realised the other night that a few times when i've ordered goods, i've received a confirmation email which directed me to the website to see the terms and conditions and never received them in writing with the item. IMO that would mean they havent fufilled the DSRs of providing pre-contractual information in a durable form.....opinion?

The_Pedant

you should be refunded your original payment in full.

Just to be clear, that should include the original postage cost of sending the goods to you also.

mo786uk

unholyangel wrote: »

I forget things all the time, luckily never forgotten to get dressed before going out yet! :rotfl:

I made a comment on another thread in the past few days about something relevant to this though. I realised the other night that a few times when i've ordered goods, i've received a confirmation email which directed me to the website to see the terms and conditions and never received them in writing with the item. IMO that would mean they havent fufilled the DSRs of providing pre-contractual information in a durable form.....opinion?

A link to the website would not fufil the requirements of the DSR - yes.

arcon5

I can't remember ever being supplied this information in an email personally.

shaun_from_Africa

It doesn't have to be in an e-mail. It can be any "durable" form which could be an e-mail, letter, or on the invoice/receipt that is supplied with the goods.

arcon5

Ah yes, maybe it is usually on the invoice/receipt enclosed. Usually they just get thrown in a folder or a big blue box (the bin) .

unholyangel

I had had cancellation terms in email. But as i said, there have also been instances i received the information except by a link to their website. Not even with the goods when they arrived.

Which is slightly worrying imo as i only ever order from well known/established companies!