Distance Selling Regulations - Cost of Postage

Deva_Eboracum

Hello

I recently purchased a load of railway sleepers for use in landscaping my garden, however, after receiving them on Tuesday, I don't like them and intend to return them using my rights under the terms of the Distance Selling Regulations. However, I don't know where I stand in respect of postage costs.

The sleepers were viewed on the website initially and I then called them up to place the order.

During the call, I also took them up on their service to have the sleepers cut to my required size rather than receiving a standard size. However, when I received the sleepers, in my opinion, the quality of the cutting is poor - not straight or at 90 degrees to the rest of the sleeper - so I am looking at returning them.

The total cost of the sleepers was £944.62 of which £138.60 was Delivery Charge.

I'm assuming that if I notify the company of my intention to return the sleepers within seven days, I am able to do so under the DSR terms. My assumption is also that I will get back the postage cost already paid. Are my assumptions correct?


Also, who would be liable for the cost of returning the items? the company website states:

Under the Distance Selling Regulations you have a right to cancel your order for any item purchased on this website at any time before the goods are despatched, or within 7 days of receiving your goods and for a full refund excluding cost of return postage providing you take reasonable care of the goods whilst they are in your possession. This does not affect your statutory rights as a consumer.

I had it in my head from somewhere that they also had to cover the cost of the return delivery. Is their clause legal or is my understanding incorrect?

Thanks for your help

Auntie-Dolly

You would be responsible for the return cost, but I think having had the sleepers cut to size may have scuppered your chances of being able to return them as they have been customised.

Oliver14

As you had them cut to size you will not be able to return under the DSRs as they will count as a custom item which are excluded from the DSRs.

You need to speak with them and tell them your problem and see what there reply is as you can argue about the quality of what you have received.

unholyangel

You can reject under SOGA as "not of satisfactory quality" but they'll likely disagree with this. If they dont, then technically they would be liable for return costs also as the goods do not conform to contract.

bod1467

Note: If by some chance DSRs do apply (probably not, for the reasons said above) then you are liable for the return costs ... UNLESS their paperwork/T&Cs does not make any reference to returns costs. In such a situation then the retailer is also responsible for returns costs.

(It is unlikely that they have missed this though).

Flyboy152

bod1467 wrote: »

Note: If by some chance DSRs do apply (probably not, for the reasons said above) then you are liable for the return costs ... UNLESS their paperwork/T&Cs does not make any reference to returns costs. In such a situation then the retailer is also responsible for returns costs.

(It is unlikely that they have missed this though).

You'd be surprised. Many online sellers think that by posting the terms and conditions on their website is sufficient; it isn't. They must be in a durable form, such as an e-mail or letter. The guidelines are quite specific about this.

Where the seller may come unstuck is that they might consider the wording on the their website as their returns policy. It states:

you have a right to cancel your order for any item

It does not make any distinction for items cut to size. Therefore they might have difficulty in arguing they don't have to accept returns for custom made goods.

Hintza

I think you need to talk the company and try and get a litle off as a goodwill gesture. Anything else and I suspect the company might dig their heels in. If it goes to court it will be a lot of hassle and you might still not win.

These really should have been cut on site.

shaun_from_Africa

The thing is flyboy, the retailer could well argue that the terms that you quoted don't apply to the sale in question.

Under the Distance Selling Regulations you have a right to cancel your order for any item purchased on this website at any time before the goods are despatched,

The OP didn't purchase the goods from the website as they phoned up to place the order and as the sleepers were cut to size then there is no requirement for the retailer to mention anything about the DSR's as the contract will be exempt from them.

Flyboy152

shaun_from_Africa wrote: »

The thing is flyboy, the retailer could well argue that the terms that you quoted don't apply to the sale in question.



The OP didn't purchase the goods from the website as they phoned up to place the order and as the sleepers were cut to size then there is no requirement for the retailer to mention anything about the DSR's as the contract will be exempt from them.

Yes, but the seller is still obliged to provide the pre-contractual information in a durable form.

unholyangel

shaun_from_Africa wrote: »

The thing is flyboy, the retailer could well argue that the terms that you quoted don't apply to the sale in question.



The OP didn't purchase the goods from the website as they phoned up to place the order and as the sleepers were cut to size then there is no requirement for the retailer to mention anything about the DSR's as the contract will be exempt from them.

Not quite true. It may be exempt from the unconditional right to cancel (regulation 10 i believe) but the DSR's do technically still apply. Custom made items are listed as exempt from the uncondtional right to cancel but are not listed as exempt from DSR's.

shaun_from_Africa

Fair enough.
So provided that the invoice or other paperwork that was supplied when the sleepers were delivered, (or before this if it was posted or e-mailed to the OP,) states that no returns will be accepted as the sleepers have been cut to size then they can still refuse the refund despite the "any goods" mentioned on the website.