missrebel in Breach of Distance Selling Regs

bod1467

I think they only need to refund the normal postage charge. Express postage is an additional service which has been provided if you receive the item(s) on time.

PrettyM

It's easy for the big companies to add in to their prices the cost of refunds but for smaller traders selling low price items (under £5) on very tight margins it would be impossible to apply.

Just had a look at boohoo.com, they state ...

"Returns are free of charge and a free returns label is included with your parcel. However, please note that when you return an item we will withhold a £2.00 restocking fee per return."

Is this a way of getting round the DSR law? Is this legal?

System

PrettyM wrote: »

It's easy for the big companies to add in to their prices the cost of refunds but for smaller traders selling low price items (under £5) on very tight margins it would be impossible to apply.

Just had a look at boohoo.com, they state ...

"Returns are free of charge and a free returns label is included with your parcel. However, please note that when you return an item we will withhold a £2.00 restocking fee per return."

Is this a way of getting round the DSR law? Is this legal?

No it's not legal.

seashore22

As above, restocking fees are NOT legal.

Just because some companies trade illegally, doesn't make it right.

tomwakefield

Which is pretty stupid, as they could legally say in their T&Cs that returns due to the customer changing their mind must be returned at the customers expense. I expect they would save more than £2 an item not having to pay to have it returned.

terra_ferma

PrettyM wrote: »

It's easy for the big companies to add in to their prices the cost of refunds but for smaller traders selling low price items (under £5) on very tight margins it would be impossible to apply.

You are using conditional, as this is something that may or may not happen, it CAN'T be impossible to apply it HAS to be made possible to apply, as it's a legal requirement.
The cost of this policy has to be passed on to customer, the same way as refunds for faulty items, and even theft/fraud have to be factored in.
Any trader, big or small, who doesn't cost property, is bound to end up making a loss. This is a major problem on ebay, because many seller fail to grasp the main principles of business and retail in particular, and treat returns etc as unpredictable elements that erode their profit, instead of fully predictable events that have to be factored in.

Any time someone steals a tin of beans from your local supermarket, or returns a dress to an online store, the cost of this event will be used to calculate future pricing.
Or do people really think free returns etc are really free and taken out of a store's profit?

al1960

I understand that under the Governments DSR's the rule is that if a customer buys something and changes their mind and return it then if it is in the Shops terms and conditions, then you have to pay the initial costs of postage and also the return postage.
It is only if the goods are faulty, that they have to pay both the intial postage and return postage costs.
I suppose it is only fair as if it were a small seller on ebay, and say 50% of people returned their items as they didn't like them or changed their mind, then that busines would be losing money having to pay for these goods to be sent and then pay again for them to be returned.
If you buy from large chains like Next, they always highlight the term 'Free Returns' as a selling point, as they don't have to offer such a service (unless as mentioned before, the goods are faulty).

wealdroam

al1960 wrote: »

I understand that under the Governments DSR's the rule is that if a customer buys something and changes their mind and return it then if it is in the Shops terms and conditions, then you have to pay the initial costs of postage and also the return postage.
It is only if the goods are faulty, that they have to pay both the intial postage and return postage costs.

Al1960, when cancelling an order under DSRs, there is no situation where the consumer should not be refunded the outward postage.

If you return goods under DSRs, you should always be refunded the outbound postage, the consumer only has to bear the cost of returning the goods if the seller has advised them of that in the necessary documentation.