distance selling regulations - postage costs

newlife01

Hello,

I've read on this forum that under the above regulations, if an item is to be returned within seven days of receiving it in the post, the cost of postal delivery should be reimbursed (although not the cost of returning the item).

What are the rules if several items were delivered in the same package but only a couple of them need to be returned? The items of clothing are not faulty; just too big.

Many thanks for help in advance,
Newlife

shaun_from_Africa

if an item is to be returned within seven days of receiving it in the post, the cost of postal delivery should be reimbursed (although not the cost of returning the item).

Just about correct.
You are not required to return the goods within 7 days of receiving them. What the reg's actually state is that you have 7 working days (beginning the day after delivery) to inform the retailer of your wish to cancel the contract.

If you are only returning part of the order it gets a bit complicated with regards to the original postage costs.
This is what Consumer direct told me in responce to a query I submitted to them.

When you enter into a contract with a trader by means of a distance communication e.g. telephone, internet, mail order etc. you will generally have cancellation rights (there are some exemptions) under the Distance Selling Regulations. Under these regulations, you have the right to cancel the order – this right starts after you have placed the order, and ends 7 working days after you receive the goods (day 1 is the day after you receive the goods). If you cancel you may ask for a full refund (including delivery charges). You must make your cancellation request in a durable form i.e. letter or email. If the trader has not provided confirmation of your cancellation rights, you have 3 months and 7 working days to cancel.

Under the Distance Selling Regulations, if you do not receive the goods you have ordered after 30 days, the contract can be considered to be automatically cancelled, and you can claim a full refund (including delivery charges). Alternatively you can cancel at any time before you receive the goods and claim a full refund.

Your contract with the trader would include the whole agreement. For example, if you have order two items, a dining table being one item and a set of 4 chairs being the other, your contract would include the whole agreement.

You would be able to cancel one part of the agreement under the Distance Selling Regulations, i.e. cancel the table but keep the chairs. However, you would not be able to return 2 of the chairs if the 4 chairs were sold as one item. So if in your case the trader is insist on returning the whole order it may be worth checking the terms and conditions to see if the items were listed individually or as set.

It is also worth bearing in mind, if you only cancel part of the contract, the trader may still argue they are entitled to the delivery charges, as they have delivered some goods, however it is ultimately only for a court to decide.

unholyangel

Generally, if postage costs are per item, you would expect to be refunded for the items you return. If it is one flat delivery charge regardless of the size of your order then you would expect to still pay that delivery charge.

Its also worth mentioning that unless you were provided with certain written information in a durable form prior to the contract being concluded, you may have up to 3 months and 7 working days to cancel. Also, if you were not informed that you are liable for returning the items and the cost involved in doing so, your only duty is to make them available for collection and take reasonable care of them.

mo786uk

IMO if you are reutning only part of the order then you are not enetitled to the postage back.

As SAF says in his post from CD, only a court can decide - that is because the DSR do not cover the pooint in any great detail.

newlife01

Thank you, everyone, for your responses - very helpful.

Newlife