Returning Goods Bought Online

DirtPoorGuy

Could someone please clarify what my rights are and cite those rights.

I purchased a pair of boots from a retailer via Amazon, the boots arrived Thursday and the size listed does not fit me, I measured my feet to be sure and their size does not reflect Amazons own guide to sizing, on top of that the item in my opinion is poorly made.

According the retailer I have to return the item within 7 days of receipt and I have to cover the cost to return to them, is this correct?

I have read the Distance Selling Regulations but it doesn't seem clear to me, hence the need for clarification.

Thank you in advance for any help you can offer.

wealdroam

Have you read the OFTs guide to the DSRs?

Easier to read than the actual legislation.

Maybe read the MSE's Consumer Rights Guide too.

arcon5

If returning under distance selling regulations, you have 7 working days from receipt of goods to cancel the contract for a full refund including original postage costs. The seller can insist you pay return postage costs, so long as this is in their terms at point of sale.

However, if returning under sales of goods act the seller would be responsible for any costs incurred. Perhaps 'not as described'. But this is a grey area with shoes as not all brands/manufacturers have the same sizing specification (nor is there a global standard for shoe sizes) so the shoes may infact be the correct size in accordance with the manufacturers definition of shoes size X.
It would also depend on what amazongs guide to shoe sizing says and how the shoes are described.

With regards to quality, you may have a case of 'not of satisfactory quality' -- however, some shoes are cheap and therefore the quality is reflected by the price (ie shoezone shoes). If for example the sole was peeling away or something similar, this is clearly not satisfactory whereas if it simply the materials it is manufactured with is poor but the product if free from faults you may not have a case here.

DirtPoorGuy

Thank you that has made things nice and clear.

arealhighlander

The correct title is the Consumer Protection (Distance Selling) Regulations.

As stated, you have 7 days to reject the goods (you do not have to give or have a reason) and you must be refunded any postage charges you paid to get them delivered to you.

There are a few small exceptions which includes software, DVDs, or bespoke items specifically made for you. But some online retailers are unaware of these regulations, just be polite but firm.

DirtPoorGuy

arealhighlander wrote: »

The correct title is the Consumer Protection (Distance Selling) Regulations.

As stated, you have 7 days to reject the goods (you do not have to give or have a reason) and you must be refunded any postage charges you paid to get them delivered to you.

There are a few small exceptions which includes software, DVDs, or bespoke items specifically made for you. But some online retailers are unaware of these regulations, just be polite but firm.

So even if they state at the time of purchase that they do not refund postage costs they still have to?, I am getting confused.

ThumbRemote

Both arcon5 and arealhighlander are saying the same thing

They have to refund the original postage charges you paid to get the item sent out.
They do not have to pay the return postage charges (so long as they make this clear in their T&Cs initially)

arcon5

DirtPoorGuy wrote: »

So even if they state at the time of purchase that they do not refund postage costs they still have to?, I am getting confused.

For business to consumer transaction you cannot contract out your statutory rights. If their terms state they do not refund original postage then that term in unlawful and unenforcable.

However.......
some companies offer two returns services.... one whereby you can return in accordance with DSRs whereby you return the goods at your expense to them.. and another policy whereby you can return it using their own returns system (for example, free return via a collect+ service) whereby they do not refund postage as it covers returns cost.


But thats not really relevant here since i'm pretty sure its not something Amazon sellers can offer. So if the seller doesn't refund original postage and refers you to theirs terms and conditions, gently remind them of their obligations under DSRs.

zaax

arcon5 wrote: »

If returning under distance selling regulations, you have 7 working days from receipt of goods to cancel the contract for a full refund including original postage costs. The seller can insist you pay return postage costs, so long as this is in their terms at point of sale.

3 months and 7 days if the haven't told you of your DSR rights

Loanranger

I have just bought some shoes on Ebay from a business seller, Buy it Now. They don't fit. The seller's T&C inform me that they won't refund the original postage. If I remind them of their statutory obligations, as suggested above, and they don't make the P&P refund, how do I encourage them to refund me the original P&P?

arcon5

zaax wrote: »

3 months and 7 days if the haven't told you of your DSR rights

True, realistically though I can't imagine any retailer honouring this.

Loanranger wrote: »

I have just bought some shoes on Ebay from a business seller, Buy it Now. They don't fit. The seller's T&C inform me that they won't refund the original postage. If I remind them of their statutory obligations, as suggested above, and they don't make the P&P refund, how do I encourage them to refund me the original P&P?

Did you pay via paypal? If so, filing a claim on paypal and they should refund it for you.