Pet Supermarket DSR clarification

unholyangel

Only thing i can find remotely close to it is:
I sometimes provide gifts with the goods or services I sell.
If a consumer cancels the contract where I have provided
such gifts, am I entitled to recover them?
3.50 This depends on the terms of the contract. For example, where a gift
was supplied with goods the consumer purchased then, so long as
they expected to receive the gift when they placed an order, they
may be under a contractual duty to return that gift on cancellation.


Delivery would be the "free gift" in this case. So as above posters said, it would depend on the terms of the contract.

Kind of similar to buy 2 get 3rd free offers. You returning one of the paid items usually means you have to return the free item too.

mo786uk

Its worth pointing out that the word 'concluded' in the DSRs means something than what most people think. It referes purely to the element of the buyer and seller agreeing a binding contact - and therefore the conclusion of that process. It does not refer to the extra bit after that, which is delivery and possible return.

You can see this in this paragraph 11 with regards to services. First the contract is concluded and then the following 7 day cancellation period "expires". The contract does not 'conclude' 7 days after it was agreed, but rather the cancellation period expires.

Threepints

Thanks for the replies, there does not seem to be a definitive answer.

somethingcorporate

I think the consensus on this appears fairly clear from this thread. It is just contrary to your original opinion.

Threepints

somethingcorporate wrote: »

I think the consensus on this appears fairly clear from this thread. It is just contrary to your original opinion.

No need for that attitude. I obviously posted the question to clarify if my thoughts were correct. Whilst the consensus may be fairly clear the query has not be categorically clarified.

somethingcorporate

I was stating facts after re-reading the thread, there was no attitude in my response at all.

Nothing in this world is black and white, you get a good enough lawyer and you will learn that If you argue long and hard enough the retailer will back down just to get you to go away.

Optimist

Threepints wrote: »

Thanks for the replies, there does not seem to be a definitive answer.

Yes there is. It is my opinion that they are not allowed to charge you for the delivery simple. The free delivery part is just a diversion ignore it.

If you had bought that one item they would have charged delivery which should be refunded under DSRs.

The question really, is how far do you want to go for what looks to be £3.50, assuming Link Removed you are talking about ?

You could contact Consumer Direct who should push your complaint on to the local trading standards, although not sure if Consumer Direct are still in existence but here is a link to contact Conwy Trading Standards direct but I doubt they will do much.

Threepints

somethingcorporate wrote: »

I was stating facts after re-reading the thread, there was no attitude in my response at all.

Nothing in this world is black and white, you get a good enough lawyer and you will learn that If you argue long and hard enough the retailer will back down just to get you to go away.

If that is the case then my apologies. However your reply to me was some what condescending .

somethingcorporate

My apologies, it wasn't intentional.

Threepints

Optimist wrote: »

Yes there is. It is my opinion that they are not allowed to charge you for the delivery simple. The free delivery part is just a diversion ignore it.

If you had bought that one item they would have charged delivery which should be refunded under DSRs.

The question really, is how far do you want to go for what looks to be £3.50, assuming http://www.canineandco.co.uk/ you are talking about ?

You could contact Consumer Direct who should push your complaint on to the local trading standards, although not sure if Consumer Direct are still in existence but here is a link to contact Conwy Trading Standards direct but I doubt they will do much.

Many thanks. It is a paltry amount. I was just seeking clarification as it was my opinion that the company (not the one you link to) was incorrect.

I'm really not concerned about losing the cash (£2.95). My concern is finding out what is right. If I am correct and the company are carrying out this policy on every return it may end up as a large overall sum of monies obtained incorrectly by the company.