missrebel in Breach of Distance Selling Regs

Ste_C

techspec wrote: »

Personally - i don't think sellers should have to return postage. They paid it out to get the item to you.

But they're saving money by not having high street stores and the extra overheads.

It's the risk you take with selling online and all companies selling stuff online should be prepared to have to deal with a lot of returns given the customer cannot physically inspect the item before they buy it.

Scaredy_Cat_3

Ste_C wrote: »

But they're saving money by not having high street stores and the extra overheads.

It's the risk you take with selling online and all companies selling stuff online should be prepared to have to deal with a lot of returns given the customer cannot physically inspect the item before they buy it.

Excellent point - I hadn't thought of that!

Scaredy_Cat_3

Well I reported them to Trading Standards and emailed them to advise I was doing so. Just got an email back:

'You do that. See you in court.'

Part of me is really not bothered as it's only a few quid which I've mentally written off already - but a part of me is upset and a part is furious.

Mindless_Clone

Scaredy_Cat wrote: »

Well I reported them to Trading Standards and emailed them to advise I was doing so. Just got an email back:

'You do that. See you in court.'

Part of me is really not bothered as it's only a few quid which I've mentally written off already - but a part of me is upset and a part is furious.

Arogant soasos! Wonder if they will come back grovelling and apologetic when they get a visit from TS.

I'd be sure to mention their response on their Facebook page too. That's no way to treat customers.

Scaredy_Cat_3

Do you think Trading Standards will actually do anything about this? I mean, it's a small amount and for all I know I may be the only customer who has ever raised this issue against this company. I'm sure Trading Standards have much bigger fish to fry, but it isn't a fair market place if some companies adhere to DSRs and others don't.

Mindless_Clone

Scaredy_Cat wrote: »

Do you think Trading Standards will actually do anything about this? I mean, it's a small amount and for all I know I may be the only customer who has ever raised this issue against this company. I'm sure Trading Standards have much bigger fish to fry, but it isn't a fair market place if some companies adhere to DSRs and others don't.

Well it's their job to ensure people are adhering to the law and value isn't relevant.
Now there's a thread out there about it on the WWW, I have no doubt others will be aware and complain too.

Scaredy_Cat_3

Had an update from Trading Standards saying that the company have been informed of their obligations under the DSR.

Well, I've already informed them of their obligations myself - and they made it pretty clear they weren't bothered! Does anyone know how TS actually operate in this sort of case? Don't get me wrong, I wouldn't expect them to take the company to court over this (not unless they had a LOT of complaints), but I kind of thought they would be able to do something a little stronger than just informing them of their obligations. Does this mean the company can say thanks very much, didn't realise that - and then just go right back to ignoring the DSRs? If so, have I just completely wasted my time in reporting them?

tomwakefield

Scaredy_Cat wrote: »

Had an update from Trading Standards saying that the company have been informed of their obligations under the DSR.

Well, I've already informed them of their obligations myself - and they made it pretty clear they weren't bothered! Does anyone know how TS actually operate in this sort of case? Don't get me wrong, I wouldn't expect them to take the company to court over this (not unless they had a LOT of complaints), but I kind of thought they would be able to do something a little stronger than just informing them of their obligations. Does this mean the company can say thanks very much, didn't realise that - and then just go right back to ignoring the DSRs? If so, have I just completely wasted my time in reporting them?

Trading standards do have more powers they could use.

Trading Standards may institute legal proceedings against a trade or business, if they are found to be breaching consumer protection legislation. If found guilty a fine may be imposed or in extreme cases, imprisonment can occur.

source

While they probably won't take much more action over an isolated incident worth a few quid, it's worth reporting as it all adds up, if they'll probably take further action if they get multiple complaints against the same company.

PrettyM

I was doing some research on distant selling and hit this forum. I am thinking of starting selling some clothes on ebay. I am a little confused about returns and cancellation.

If I sell something for £5 and the postage is £2.99 the buyer pays a total or £7.99. If the buyer receives the items and cancels the order and returns the order, am I to refund the £2.99 postage cost as well? so the buyer would get the full refund of £7.99.

How would I be able to make money if half the buyers did that? The cost of the garment would be around £4 for me to purchase, so if I refunded £2.99 I would loose out £1.99 on each return. I would be out of business pretty quickly.

Is this the law? If I placed in my T+C that I would only pay the garment cost, would be covered then?

Thnx

seashore22

prettym - if you put anything different in your T and Cs, then they would be illegal. Also, when I buy online, I would walk away from someone with illegal terms and buy from someone who was willing to trade legally. I very much doubt that you would have lots of returns if the product is good.

I run a small (very small) business from home and have to comply with the Distance Selling Regulations. This means:

1) A customer can simply change their mind about their purchase and send it back to me. I would have to refund the cost of the item and the postage cost of sending the item. The buyer would be responsible for the cost of returning.

I have to inform the buyer of a timescale to change their minds ie 14 days. If I don't state a timescale, then the buyer has just over 3 months, by law, in which to change their mind.

2) If the item is faulty, the seller is also responsible for the cost of returning the item.

It's just one of the costs of running an online business. I am a tiny business, but I've never had a return. Hope that helps and don't let it put your off running your own business.