Charged for a refund within cooling off period

Forwandert

What postage has he refused to pay? If it's postage from sending the item to you he can't refuse under DSR.

timbo58

as others have said: a restocking fee is illegal.
The sellers terms whether agreed or not cannot under any circumstances overrule your statutory rights.

robbies_gal

tell them you will not pay postage for the wrong item being sent its stated as a uk model and it isnt so its a valid reason

Mike842

They are not going to pay the postage for me to send them the phone back for the refund. I told them that I will not pay the postage for the incorrect item. I emailed them last night but I have yet to receive a reply.

At first they said that if I return the item then a 10% restocking fee would apply, but when I refused they then said that they would give me a full refund.

The postage should be around £5 (as it would be recorded), but I don't think I should have to pay it (which Amazon also said). I want them to confirm this before I send it, but as I have not been provided a pre-paid envelope I'm not sure how they can refund me the postage. Maybe if I write the price on the box and also email them, they might accept it and give me a refund.

gjchester

timbo58 wrote: »

as others have said: a restocking fee is illegal.
The sellers terms whether agreed or not cannot under any circumstances overrule your statutory rights.

Thats a bit broad. Restocking fees are not always illegal, the DSR is (as in this case) for the buyer to examine the goods, but it's NOT a trial period as some people think.

If an item has been used, was personalised, or is perishable then the distance selling rules are not relevent, and a restocking fee may be valid as opposed to just not accepting returns,

Mike842

They sent me a pre-paid label, which did not have a bar code. Normally when I have used the pre-paid service they normally have bar codes.

When I went to the post office I found out that it was NOT a pre-paid label *surprise surprise*. I then sent it via special delivery and got a receipt. I have emailed them and told them that I expect the cost to be refunded, especially as they confirmed that the label was pre-paid.

I find this is absolutely ridiculous, it is so frustrating. I just hope they respond and refund the delivery charge.

Mike842

Amazon are processing my refund in full - including the postage it cost me to send it back.

Thank you to everyone that contributed to the thread. I really appreciate your advice!

robbies_gal

did it have to go to amazon then not the seller for a refund?

Forwandert

The sellers obviously one to avoid. Firstly they don't even know what they are selling and secondly they don't understand DSR.

Mike842

No I emailed the seller asking for a refund and they finally accepted. So although the seller was selling a good that was not as described at least they stuck to their word and gave me a full refund.

Completely agree Forwandert. I have learned a lesson... if buying through Amazon buy from they directly. If you need to buy something from a reseller ensure they have the adequate procedures and policies in place by reading the seller's page or emailing them to clarify anything.