Distance Selling Regulations re P & P Refunds

Bambam

This question has probably been asked time and again, but can't find anything!!

I bought a piece of jewellery from a jewellery channel and paid £2.95 P & P. When it arrived it wasn't as impressive as it looked on the TV. The following day I returned it - guaranteed for next day delivery at a cost of £5.90 - total outlay for postage £8.85. I have received a full refund of the price of the piece of jewellery but I have just heard about the Distance Selling Regulations 2000 and not sure if they should have refunded P & P. If they should have, would that include postage costs to send the item back (or would that be asking too much?

Thanks

Just had a look at their T & C's. It states the following:

30 Day No Quibble Guarantee:
8.5. We do not refund the cost of the original delivery charges or the return delivery charges.

Your Right to Cancel:
9.1. Under the Distance Selling Regulations, you have the right to cancel your contract with us by informing us in writing that you wish to do so at any time during the period which commences on the day the contract comes into existence and ends on the expiry of seven working days beginning on the day after you receive delivery of the Goods.
9.2. In this case, you will receive a full refund of the price paid for the Goods within 30 days.
9.3. You must return the Goods to us within 21 days, in an unused and re-saleable condition with all the original packaging, and at your own cost.



Not sure I understand the difference!! Either way no refund of postage I assume?

bris

They have refunded under their own policy hence no postage refund. Did you write to them as stated canceling under DSR, they can insist on this to make it a DSR cancelation, if so they must refund you including the initial postage. Postage back to them is paid by you, but they must send this info to you by durable means, i.e it's on the delivery note or invoice. other laws apply such as whether you even need to return the item or not but you can google the full DSR for yourself.

Bambam

Thank you Bris.

So, in a nutshell, am I right in saying that if items are returned under the "30 Day No Quibble Guarantee" then the P & P will NOT be refunded. However, if I had written/emailed/faxed and said I wished to CANCEL and then returned the item to them they would have been obliged to refund P & P (excluding my return costs, of course)?

wealdroam

Bambam wrote: »

So, in a nutshell, am I right in saying that if items are returned under the "30 Day No Quibble Guarantee" then the P & P will NOT be refunded. However, if I had written/emailed/faxed and said I wished to CANCEL and then returned the item to them they would have been obliged to refund P & P (excluding my return costs, of course)?

That's right.
But you must notify them of your intention to cancel within seven working days of delivery. That seven working days starts with the day after delivery.

Bambam

Thank you Wealdroam.

All is now clear.

SaffyG

Hi,

I am new here and was wondering if someone could point me in the right direction regarding the laws for flat pack furniture which has been assembled but have found a fault with the furniture. If the problem is reported within the 7 day period, am I entitled to a full refund even though they have stated in their terms that if the item is assembled I am not entitled to a refund?

arcon5

DSRs consider cancellation to be served 'however expressed' so returning the goods without notice (if they was received within 7 working days) should make it clear the customer is cancelling - so you should insist on a postage charge refund. But so long as their terms state your responsible for the cost of returning then you won't be able to reclaim that

arcon5

SaffyG wrote: »

Hi,

I am new here and was wondering if someone could point me in the right direction regarding the laws for flat pack furniture which has been assembled but have found a fault with the furniture. If the problem is reported within the 7 day period, am I entitled to a full refund even though they have stated in their terms that if the item is assembled I am not entitled to a refund?

Under DSRs technically yes. Although they can pursue you for damages if you've failed in your duty of care.

neilmcl

arcon5 wrote: »

DSRs consider cancellation to be served 'however expressed' so returning the goods without notice (if they was received within 7 working days) should make it clear the customer is cancelling

Since when? To comply with the DSRs you have to cancel via a durable medium, unless otherwise agreed with the seller.

wealdroam

neilmcl wrote: »

Since when? To comply with the DSRs you have to cancel via a durable medium, unless otherwise agreed with the seller.

Since 31 October 2000.

In Regulation 10 it says...

(3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

neilmcl

wealdroam wrote: »

Since 31 October 2000.

In Regulation 10 it says...

I was more disagreeing with the sending of goods back without any notice at all being sufficient to be considered under the DSRs rather than the notice "however expressed" bit. I've updated my post to reflect that.