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K&Co - DSR - Funny Phone Call

misssarahleigh
misssarahleigh Posts: 2,852 Forumite
edited 12 August 2011 at 1:55PM in Consumer rights
Just had a rather confused woman get a little upset about my point of view lol

Having looked at an account for Very Additions she shaw that I sent the item back, but the £20 off voucher should have been cancelled but was not and shows a credit to my account of £16.05 (£3.95 postage)

She said she would get that sorted and I would get an invoice for the £3.95 posatge.

She confirmed it was sent back withing 2 days. And I stated that I cancelled the contract with them and therefor will not be paying for postage.

She iniststed that I did. I explained the DSR to her and she said.

She said, but our terms and conditions say....... ... (I cut her off and said it doesn't matter what your terms say, they cannot overrule my statutory rights)

She said but the company would know this if it was law

I replied, they most certainly do know about it

She replied, but they would not be acting illegally

I giggled

She said, but all companies would know

I replied, yes

We concluded that I will wait for the invoice to take it up management and I advised her to google the term and find the MSE forum (she admitted she heard of martin lewis) and look for her own personal benifit lol

Phone call back (she is a loverlady) She asked her manager and he is refunding the postage.

But as a one off. Should this happen again I will not get his good will and be refunded my postage as it's clearly stated in their terms and conditions.

I'm hopping mad. Trading standards is it that i report them to?

Just to add:

Terms and conditions from the site

For most items, you have the legal right to cancel your order within 7 working days of receipt. However this right does not apply to personalised products, perishable goods and audio & video recordings and computer software which has been opened. If you wish to cancel using this right, you need to inform us in writing within 7 working days, starting the day after you received the goods. You must also take reasonable care of the goods and return them to us or make them available for collection. We will not consider that you have taken reasonable care of the goods if they have been used in a way, or to an extent, beyond what would be reasonable when examining them in a shop before purchase. You will be responsible for the cost of returning the goods to us, including the collection cost, if you cancel under Distance Selling Regulations

Doesn't say anything about initial postage. so, legally they cannot be done for writing it down. Just the staff that are incorrectly trained and the managers spouting information against the DSR which obviously is my word against theirs.
I get what i want. That isn't because i'm a brat or spoilt. It's because i'm determined, i work hard for it and i achieve my goals!

Comments

  • gordikin
    gordikin Posts: 4,422 Forumite
    How and when did you inform them you were returning the item(s)?
  • gordikin wrote: »
    How and when did you inform them you were returning the item(s)?

    In writing (email) and confirmed with a telephone call to arrange collection the day after delivery.
    I get what i want. That isn't because i'm a brat or spoilt. It's because i'm determined, i work hard for it and i achieve my goals!
  • gordikin
    gordikin Posts: 4,422 Forumite
    Chill girl ...it could be worse. You could have been left stranded because someone at Esso deliveries screwed up? You never did get back to me on that!
  • balmk
    balmk Posts: 624 Forumite
    You will be responsible for the cost of returning the goods to us, including the collection cost, if you cancel under Distance Selling Regulations

    ...so they are entitled to charge you for return postage (which would logically be the same as the standard P&P charge if you used their courier).

    I would suggest that the £3.95 charge should stand as this would be the return cost, but also that the Very staff need some training on DSRs.
  • balmk wrote: »
    ...so they are entitled to charge you for return postage (which would logically be the same as the standard P&P charge if you used their courier).

    I would suggest that the £3.95 charge should stand as this would be the return cost, but also that the Very staff need some training on DSRs.

    If it was explained like that fine. If I was informed first (which i assume i would need to be. They cannot provide a service then reveal the cost) than fair be it.

    But that is now how it was informed. I don't blame the staff. They are told what they are told. It's those higher up the food chain.
    I get what i want. That isn't because i'm a brat or spoilt. It's because i'm determined, i work hard for it and i achieve my goals!
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