Returning an unwanted product - distance selling but seller will only refurnd 80%

moneysavingdeano

Yesterday I received a pair of Skullcandy headphones that I purchased online from the skullcandy website.

They were for my son but when he removed them from the box he did not like them, so I checked the skullcandy website for details on how I should return them.

They supply an email address where you must request return authorisation so I did this, this morning.

Skullcandy have infiormed me that they will only refund me 80% of the sale price as I had opened the box. They state that 20% covers the shipping and handling charges. So my questions are:

I believe that under distance selling regulations I have 7 days cooling off and therefore have the right to return the goods. I accept that I should pay postage to return the goods but with regards to the postage costs to the send the headphones to me, these were free as per the original order. All that is on their website with regards to prtrial refunds is "If your item has been opened or used, restrictions may apply."

Therefore can anyone advise whether I am entightled to a full refund minus the return postage, as I believe I am and secondly how do I get Skullcandy to accept this?

I paid by Credit Card so I don't know if I have any course of action through MasterCard.

Can anyone please offer guidance.

Many thanks

bazster

It doesn't matter whether the postage was free or not, under the Distance Selling Regulations they MUST refund it.

There are still so many online retailers who seek to charge a re-stocking fee without understanding (or perhaps not caring) that this is illegal. You are entitled to a FULL refund, including postage. It matters not that you have opened the box. The DSR's are clear that you have the right to examine the goods, and you can't do that without opening the box!

You can only make a Section 75 claim against your credit card company if the item cost at least £100.

wealdroam

OP, did you buy from uk.scullcandy.com?

If so, you will see an email address on their contact us page specifically for UK Customer Services... [EMAIL="customerservice-uk@skullcandy.com"]customerservice-uk@skullcandy.com[/EMAIL]

Is that where you have written?

They do not appear to have a 'real' UK presence, so perhaps that is why they have made this mistake.

Looksguywalker

bazster wrote: »

It doesn't matter whether the postage was free or not, under the Distance Selling Regulations they MUST refund it.

There are still so many online retailers who seek to charge a re-stocking fee without understanding (or perhaps not caring) that this is illegal. You are entitled to a FULL refund, including postage. It matters not that you have opened the box. The DSR's are clear that you have the right to examine the goods, and you can't do that without opening the box!

You can only make a Section 75 claim against your credit card company if the item cost at least £100.

Is the seller UK based?

bazster

Good question, it doesn't look like it. That's 5 minutes of my life I'll never get back!

Looksguywalker

bazster wrote: »

Good question, it doesn't look like it. That's 5 minutes of my life I'll never get back!

Been there! Only five minutes?

DiamondCardz

You can remind SkullCandy about the Distance Selling Regulations. MOST companies will refund you fully whenever you mention anything do to with law, as they DO NOT want to get stuck in a lawsuit or worse.

whitelabel

This may be of interest and use to refer them to:

http://www.oft.gov.uk/NR/rdonlyres/1E6F3C94-8BB0-4374-A65B-6281E030C3C9/0/oft698.pdf

Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?

3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession as discussed in paragraph 3.44. The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

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.

wealdroam

whitelabel wrote: »

This may be of interest and use to refer them to:

http://www.oft.gov.uk/NR/rdonlyres/1E6F3C94-8BB0-4374-A65B-6281E030C3C9/0/oft698.pdf

But that is only relevant if the seller is UK based.

It would be good if the OP could come back and tell us exactly who he made the purchase from.

moneysavingdeano

Hi, thank you for all of your replies and sorry for not being more explicit with all of the details. I thought the site was in the uk as the address was skullcandy.co.uk. Their FAQ section says

WE ARE NOW SHIPPING FROM EUROPE TO 5 EUROPEAN COUNTRIES - FRANCE, GERMANY, ITALY, SPAIN, UK, LUXEMBOURG, BELGIUM AND THE NETHERLANDS. IF YOU ARE A UK CUSTOMER, PLEASE VISIT OUR SITE AT SKULLCANDY.CO.UK. EXPECT MORE SHIP-TO DESTINATIONS SOON.

Does this make a difference if they are not UK based?

moneysavingdeano

Yes, that is where I have written. The only response is 80 % refund