missrebel in Breach of Distance Selling Regs

Scaredy_Cat_3

Scaredy_Cat wrote: »

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?

See above - that's the problem! It's not a lot of money, but it's the principle. I believed the DSRs applied and I'm unhappy that they are simply refusing to refund the postage cost without any explanation.

Scaredy_Cat_3

wealdroam wrote: »

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...


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 Tranding Standards.

As I said above, it's not much money, but I'm annoyed at the principle. If they are refusing to refund my postage then I assume they are treating all customers this way, and I believe that's a breach of the DSRs. I just want to know who to report them to. The OFT site is not at all clear on how to report them.

wealdroam

Scaredy_Cat wrote: »

I just want to know who to report them to.

And I told you that...

wealdroam wrote: »

You could always report the errant trader to Trading Standards.

Scaredy_Cat_3

wealdroam wrote: »

And I told you that...

I know you did - that's why I thanked your post!!!

I was just repeating myself, so it was understood that I'm not planning on taking them to court, I just wanted to know who to report them to!

The OFT site did suggest reporting to Trading Standards but I thought I could report to OFT as well. Anyway thanks for your help.

balmk

Did they pay for return postage or did you?

If they paid, they may be offseting any postage costs out with return postage costs.

Scaredy_Cat_3

balmk wrote: »

Did they pay for return postage or did you?

If they paid, they may be offseting any postage costs out with return postage costs.

I paid return postage costs. I only expected them to refund the original delivery cost, not my return costs. I know I am responsible for the return costs.

CoolHotCold

Scaredy_Cat wrote: »

I paid return postage costs. I only expected them to refund the original delivery cost, not my return costs. I know I am responsible for the return costs.

ONLY, if the retailer states it is your responsibility to pay for return costs, if they omit that then the default DSR come into play in whichcase you are entitled to postage both ways & the item cost.

Scaredy_Cat_3

CoolHotCold wrote: »

ONLY, if the retailer states it is your responsibility to pay for return costs, if they omit that then the default DSR come into play in whichcase you are entitled to postage both ways & the item cost.

I didn't know that! I haven't checked the T&Cs that closely but I'm not particularly bothered about fighting them over the return costs. I placed the order in the belief that I could get a refund for the item and the delivery cost - and I accepted (in my head) that I would have to bear the cost of return (if it had to be returned). So that's really all I'm bothered about. To be honest, it really is the prinicple as it's not a large sum of money.

techspec

Personally - i don't think sellers should have to return postage. They paid it out to get the item to you. Of course - most big retailers want you to try things and will not only refund postage - but pay for their return.

But not sure on the law.

Of course, Ebay and paypal make sellers return postage.

wealdroam

techspec wrote: »

Personally - i don't think sellers should have to return postage. They paid it out to get the item to you. Of course - most big retailers want you to try things and will not only refund postage - but pay for their return.

But not sure on the law.

Well the law, Regulation 14 of The Consumer Protection (Distance Selling) Regulations 2000, says...

14.—(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

This is more readable in the OFT's guide (link in earlier post)...

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.

techspec wrote: »

Of course, Ebay and paypal make sellers return postage.

And Ebay state that the buyer must pay for the return of good even if they are faulty or not as described... but we digress.