Play.com and DSR

damsmi2002

Hi there, I recently purchased an item from play.com via a playtrade seller. The item arrived, and is just unwanted as its too small. I contacted them after two days to say that I was returning it under the DSR, and as such would like my return postage covered. I got this as a reply:

Under Bagdirect & Play.com returns policy, the return of an unwanted item is at your cost (Regulation 17, section 3.55 of the distance selling act).
To return your bag simply arrange postage to the below address, ensuring it has adequate postage insurance.

They gave me a returns number, and I have today posted it off. I was under the impression that the DSR were in place to allow you to view an item as if it were in a shop, i.e at no cost to yourself if you didnt actually want it.

I may be mistaken, but could anybody confirm who is correct, and if it is me, the correct legislation which goes with it. I have looked and the only info I can find supports that I shouldnt have to pay.

Many thanks, Damian

wealdroam

On page 25 of the OFT's guide to the Distance Selling Regulations we are told...

What specifically do I have to refund to the consumer if
they cancel?
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.

On page 27 of the same document we see...

Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

It is this paragraph Play are referring to in their documentation.

In other words, they must refund the outward postage cost, but you have to pay for the cost of the return.

unholyangel

wealdroam wrote: »

On page 25 of the OFT's guide to the Distance Selling Regulations we are told...



On page 27 of the same document we see...

It is this paragraph Play are referring to in their documentation.

In other words, they must refund the outward postage cost, but you have to pay for the cost of the return.

Providing they have supplied you with this information in a durable form prior to the contract being concluded of course Durable being email, letter, fax etc. I also believe they are allowed to inform you via website and then send a durable copy with the goods but websites on their own are not durable.

damsmi2002

Thanks, I have read about this 'durable form' before but in all honesty didn't really understand it.

On the products website it does have T&C's for returns, and it does state that the buyer is responsible for the cost of returning the item. However, this according to you would not be durable.

The only info I have in the emails in of the order details, i.e no T&C for return postage etc. Would this fall into the category of not being supplied in a durable form? and if so, which part of the legislation states it needing to be provided in a durable form?

deanos

play are based in Jersey so you need to read up on Jersey law

wealdroam

unholyangel wrote: »

Providing they have supplied you with this information in a durable form prior to the contract being concluded of course Durable being email, letter, fax etc. I also believe they are allowed to inform you via website and then send a durable copy with the goods but websites on their own are not durable.

Oh, I agree.

But the OP did tell us they had an email from Play justifying their stance by quoting from the OFT guide para 3.55.
Whether they sent that earlier... we will wait to hear.

Interestingly, the OFT guide goes on to say...

When must I supply the durable information?
3.12 Before the conclusion of the contract or in ‘good time’. Information is said to be received in good time if consumers have sufficient time to act on it when they receive it, for example to enable them to exercise their right to cancel. The applicable cancellation periods will depend on when this information is provided. Please see paragraphs 3.22 and 3.23 for more information.

So I imagine 'in good time' might mean to inform the consumer by email at the time they wish to cancel, that they have to pay the return cost.

What do you think?

somethingcorporate

You're on a hiding to nothing here - they have in their T&Cs that you must pay for return postage and hence you should pay.

No company provides T&Cs in a durable form.

unholyangel

deanos wrote: »

play are based in Jersey so you need to read up on Jersey law

Jersey have their own DSRs which are nearly (if not exactly) identical to that of the UK.

To be precise:
http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%5Chtm%5CLawFiles%5C2007%2FL-37-2007.htm#Toc4746833

unholyangel

wealdroam wrote: »

Oh, I agree.

But the OP did tell us they had an email from Play justifying their stance by quoting from the OFT guide para 3.55.
Whether they sent that earlier... we will wait to hear.

Interestingly, the OFT guide goes on to say...

So I imagine 'in good time' might mean to inform the consumer by email at the time they wish to cancel, that they have to pay the return cost.

What do you think?

But providing Jersey are covered by Unfair Contract Terms (or a similar version), you cannot bind a consumer to any hidden terms and if such a term comes to light, must give them the opportunity to cancel with no penalty.