Distance selling regs

zerog

I bought some computer components for £135 from an Amazon 3rd party seller. The description on Amazon was incorrect, and the seller has acknowledged this.

There is an item similar to the one I actually received (different brand but specifications near enough), which is selling for £118. If I wanted the item I actually received, I would have bought this instead, therefore I asked the seller if he would refund me £17 and I would not need to bother returning. Seller said he would refund £10 max or I could get a full refund, not including my postage (would be about £3).

The bargaining with the seller isn't really relevant, but I called Amazon and they said the seller's T&Cs say the customer has to pay postage for returns.

Am I correct that the DSR says seller should refund return postage if item is not as described? How to proceed?

Also - I received on Friday, do they need to receive it back by this Friday, or does it not matter since it is a misselling?

shaun_from_Africa

Whilst it is correct that under the DSR's, the buyer should pay to return goods (provided that the seller has made this clear before purchase), this is totally irrelevant in this case.

As the item you purchased is not as described, it is the Sale of goods act that you need to quote to Amazon, and this act states that is something does not conform to its description then it is the seller who is responsible for all of the costs in getting the goods back.

zerog

shaun_from_Africa wrote: »

As the item you purchased is not as described, it is the Sale of goods act that you need to quote to Amazon, and this act states that is something does not conform to its description then it is the seller who is responsible for all of the costs in getting the goods back.

Ahh, thanks. Do I have to use special delivery for returns, since it's more than £46?

somethingcorporate

You need to make sure it is insured up to it's full value as you still are responsible for getting it back to them. Sending it tracked will also give you confirmation that it has arrived.

bod1467

But don't just go ahead and arrange the most expensive shipping method you can find. Returns costs must be "reasonable". As such it may be worth contacting the seller first and ask them what shipping method they'd like you to use (they may offer a collection) ... but make sure that whatever is agreed includes protection for yourself to the value of the product (like SC says).