DSR - Immediate Refund?

SuperHan

I am wanting to return something under DSR, and I think I've been incorrectly advised by the retailer. It's not problem, but I like to think I'm up on my DSRs, so wanted to clarify I was in fact correct!

I've been told that a refund won't be issued until they've received the goods I am returning and have had chance to inspect them. Surely this is not what the law says!? I was under the impression they have to give an immediate (or as soon as possible) refund as soon as I cancel, and I have 30 days to return. (Or I don't have to return at all, then they have to recover relevant costs from me).

I've pointed this out to them, along with the leaflet produced by the OFT which says they cannot demand they receive the goods before issuing the refund, and said that while I am happy to wait on this occasion, they might want to review their policies to prevent any future breaches.

They have said that cancelling an order I haven't received is different to returning an order I have got, but I didn't think DSR distinguished between these two statuses.

They have also said the goods must be returned unused in the packaging and condition in which they were received, which I know is not per the DSRs, but in my case, the item is, so it's a moot point.

But I just wanted to make sure my understanding was in fact correct!

mattyprice4004

Your understanding is correct, however common sense dictates they're not going to refund without a fight if you have the goods.

Send them back and claim the refund then.

miduck

mattyprice4004 wrote: »

Your understanding is correct, however common sense dictates they're not going to refund without a fight if you have the goods.

Send them back and claim the refund then.

I'm not sure that it has been tested, but I imagine a court would take this view also. The intent behind the DSRs was to give the consumer solid legal rights when buying online etc, not to allow them to take the mick. The DSRs are pretty woolly, and I would expect a court to take a balanced approach in filling in the holes.

(Not suggesting you are taking the mick SuperHan!)

Looksguywalker

The retailer should refund you within 30 days according to the DSR if my memory is correct.

unholyangel

miduck wrote: »

I'm not sure that it has been tested, but I imagine a court would take this view also. The intent behind the DSRs was to give the consumer solid legal rights when buying online etc, not to allow them to take the mick. The DSRs are pretty woolly, and I would expect a court to take a balanced approach in filling in the holes.

(Not suggesting you are taking the mick SuperHan!)

Its being changed later this year anyway. While you'll have 14 days (not working days) to cancel, you'll also have 14 days after cancelling to return the goods (as far as I remember anyway). Probably to stop retailers and consumers "taking the mick".

bris

You don't have 30 days to return( no time limit on returning ), they have 30 days to refund. But the fact is no retailer is going to refund you without the goods back first, whatever the law says. Don't forget they also have the right to counter sue for the missing goods if you decide to pursue it in court if you don't send them back.

There was someone on here a few months ago that thought they could just get the refund under DSR without sending the goods back and the retailer would just have to take the hit, is it any wonder the retailers don't follow the DSR to the letter of the law.

SuperHan

I have no issue at all, and said to the retailer I am more than happy to wait for the refund and will return in the next couple of days. I haven't even opened the parcel, so I know there will be no problem with the 'inspection'. I just don't like being misinformed when I know otherwise!