Question about DSR's

Aquatronixjenny

Sorry if I'm being a numpty

I've placed an online order, received the items - used 1 but want to return the other under DSR's (don't need it anymore). I haven't opened the sealed packaging and it was a stock item.

If returning under DSR's, do I have to return the entire order (both items) or can I just return the item I don't want?

Thanks in advance.

Esqui

If they are items ordered separately (but on the same order, if that makes sense), then that shouldn't be a problem. The only issues that might come about are...
- If it was a pack of 2, and you've opened and used one.
- If the one you have used was a free gift on condition of buying the one you want to return.

Otherwise, no problem at all - just make sure you notify them asap.

neilmcl

I'm pretty sure you would have to cancel the entire contract and therefore return all items. Have you asked the retailer?

mo786uk

You can return single items but you prob wont get the delivery back as you have kept 1 item.

unholyangel

They would likely be able to cancel part of the contract provided (as above) it doesnt come as a set and they have in effect been purchased individually.


Only in that instance, they're not entitled to a refund of delivery costs unless it was a delivery charge per item.

shaun_from_Africa

When you cancel under the terms of the DSR's, you are cancelling the original contract of sale, and for this reason I would have thought that a retailer would be able to state that they require all of the items purchased to be returned and not only part of the order.

Whether a retailer actually will do this is a different matter though.

halibut2209

No, the DSRs are quite clear. You can return one item, but you will not get back your postage unless you return everything.

shaun_from_Africa

What part of the DSR's mentions this?

I've just had a look and couldn't find any reference to partial cancellations, although I may well have missed it.

mo786uk

i dont believe the DSRs specifies it.

halibut2209

"3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract."

So you need to be in the same situation as if you'd never ordered the item you are returning. So if there is a delivery charge for the others, then that still applies.

If you want your postage back, then you need to be in the same situation as before you placed the order. ie you would need to return everything.

If you return one item, then you still need to pay the delivery on the other items.

halibut2209

Just to clarify, the "contract" ONLY refers to the item you are returning. It doesn't refer to everything in the order.

It would be a legal nightmare otherwise.