missrebel in Breach of Distance Selling Regs

Scaredy_Cat_3

I understand that if an order is cancelled within 7 days the DSRs state that the consumer is entitled to a refund of the purchase price and the postage cost.

Who do you report a breach to? I've googled it and it seems to be the OFT but I can't find a reporting link on there. In fact it's easier to find a link to make a complaint against the OFT itself than it is to find a link to report a shop.

Can anyone advise me please?

Hintza

Are you sure DSR apply and how have they breached them? Are they a UK company?

Scaredy_Cat_3

Why wouldn't they apply? I looked at the OFT site and as far as I can see they do apply. Tell me if I've missed something.

It's a UK company. I placed an order online. It arrived. I emailed them to cancel under the DSR and returned the goods (within a couple of days) with a letter confirming I was returning the item under the DSR. They refunded the purchase price and are refusing to refund the postage.

Surely that's a breach? Unless I'm missing something?

Slowhand

Scaredy_Cat wrote: »

I understand that if an order is cancelled within 7 days the DSRs state that the consumer is entitled to a refund of the purchase price and the postage cost.

Who do you report a breach to? I've googled it and it seems to be the OFT but I can't find a reporting link on there. In fact it's easier to find a link to make a complaint against the OFT itself than it is to find a link to report a shop.

Can anyone advise me please?

Can you supply more info.? What 'shop'?

Al1x

what does the shop say in their terms and conditions?

I'm sure i read that if they say they don't refund postage in theirs t&cs then they don't have to. (might be wrong though)

Scaredy_Cat_3

Why do you need to know the shop? Don't mean to be funny but I'm trying to stay anonymous here!

I guess it's a 'small' shop, at least it's not one with branches all over the place like M&S or Tesco. It's based in Leeds and I found them online.

Scaredy_Cat_3

Al1x wrote: »

what does the shop say in their terms and conditions?

I'm sure i read that if they say they don't refund postage in theirs t&cs then they don't have to. (might be wrong though)

I haven't checked the shop's T&Cs. It was my understanding that the DSRs would over-ride any T&Cs anyway. It's like on ebay (which this wasn't, by the way) - many sellers say they don't accept returns but it's well known that under the DSRs they have to accept returns, regardless of what they choose to put in their own T&Cs.

Slowhand

Scaredy_Cat wrote: »

Why do you need to know the shop? Don't mean to be funny but I'm trying to stay anonymous here!

I guess it's a 'small' shop, at least it's not one with branches all over the place like M&S or Tesco. It's based in Leeds and I found them online.

Because the regular guys on here will look at the T&C's and give an informed opinion.

Scaredy_Cat_3

It's https://www.missrebel.co.uk

I've just checked their T&Cs and they state they will refund the item cost if goods are returned within 7 days. I was not aware of this before. However, I don't believe this is legal anyway. I understood the DSRs were more important, and to be honest it's not something I would expect a shop to 'advertise'.

I've returned stuff to QVC under the DSRs before now and although they don't 'advertise' this as a way to return goods and get a refund, they do adhere to it if you inform them that's what you are doing. I thought the same would apply here.

Slowhand

Scaredy_Cat wrote: »

It's www.missrebel.co.uk

I've just checked their T&Cs and they state they will refund the item cost if goods are returned within 7 days. I was not aware of this before. However, I don't believe this is legal anyway. I understood the DSRs were more important, and to be honest it's not something I would expect a shop to 'advertise'.

I've returned stuff to QVC under the DSRs before now and although they don't 'advertise' this as a way to return goods and get a refund, they do adhere to it if you inform them that's what you are doing. I thought the same would apply here.

What's the actual problem?

wealdroam

OP, you are right to expect all monies to be returned if you have cancelled in the prescribed manner.

There are exceptions.

The DSRs only apply to sellers who normally sell at a distance.
The OFT's guide to the DSRs says...

If you normally do business with consumers face-to-face, the DSRs are unlikely to apply to an occasional order that you take in these ways.

Also, DSRs only apply to business sellers, but since you mention a shop, I guess that test is satisfied.

Now, how do you enforce it?
Through the courts.
You really need to decide if it is worth the effort.

You could always report the errant trader to Trading Standards.

The trader's Terms and Conditions cannot override your statutory rights.
The DSRs are Statutory Rights.