returning an item with 14 day back guarantee

lucadobe

Where do i stand with this, i purchased a birdcage online with free delivery, the item was not made very well and had issues which did not make it fit for purpose, the company eventually after swinging and throwing wanting me to keep it have said i can return it, however they are not giving back what i paid for it but want to deduct percentage, even though i am having to pay out for Recorded delivery for it to be returned!:mad:

unholyangel

when did you receive the item and when did you first contact them stating you wished to return it?

I assume it was a "off the shelf" item and not one that was made to specifications you provided?

bris

Need more information, when did you try and cancel. If it was within 7 days then DSR rights kick in which means they need to give you back everything you paid, if it was within the 14 days then it's goodwill only. So if you let us know when you informed them of your right to cancel we will have a better understanding of your rights.

tomwakefield

bris wrote: »

Need more information, when did you try and cancel. If it was within 7 days then DSR rights kick in which means they need to give you back everything you paid, if it was within the 14 days then it's goodwill only. So if you let us know when you informed them of your right to cancel we will have a better understanding of your rights.

That depends on what information the seller gave the OP.

DSR 11:2-4

(2) Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods.

(3) Where a supplier who has not complied with regulation 8 provides to the consumer the information referred to in regulation 8(2), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the consumer receives the goods, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.

(4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the consumer receives the goods.

DSR 8:1-2

Written and additional information

8.—(1) Subject to regulation 9, the supplier shall provide to the consumer in writing, or in another durable medium which is available and accessible to the consumer, the information referred to in paragraph (2), either—

(a)prior to the conclusion of the contract, or
(b)thereafter, in good time and in any event—
(i)during the performance of the contract, in the case of services; and
(ii)at the latest at the time of delivery where goods not for delivery to third parties are concerned.
(2) The information required to be provided by paragraph (1) is—

(a)the information set out in paragraphs (i) to (vi) of Regulation 7(1)(a);
(b)information about the conditions and procedures for exercising the right to cancel under regulation 10, including—
(i)where a term of the contract requires (or the supplier intends that it will require) that the consumer shall return the goods to the supplier in the event of cancellation, notification of that requirement; and
(ii)information as to whether the consumer or the supplier would be responsible under these Regulations for the cost of returning any goods to the supplier, or the cost of his recovering them, if the consumer cancels the contract under regulation 10;
(c)the geographical address of the place of business of the supplier to which the consumer may address any complaints;
(d)information about any after-sales services and guarantees; and
(e)the conditions for exercising any contractual right to cancel the contract, where the contract is of an unspecified duration or a duration exceeding one year.

and finally

DSR 7:1a

7.—(1) Subject to paragraph (4), in good time prior to the conclusion of the contract the supplier shall—

(a)provide to the consumer the following information—
(i)the identity of the supplier and, where the contract requires payment in advance, the supplier’s address;
(ii)a description of the main characteristics of the goods or services;
(iii)the price of the goods or services including all taxes;
(iv)delivery costs where appropriate;
(v)the arrangements for payment, delivery or performance;
(vi)the existence of a right of cancellation except in the cases referred to in regulation 13;
(vii)the cost of using the means of distance communication where it is calculated other than at the basic rate;
(viii)the period for which the offer or the price remains valid; and
(ix)where appropriate, the minimum duration of the contract, in the case of contracts for the supply of goods or services to be performed permanently or recurrently

What all this means is that, if the supplier hasn't given the OP certain pieces of information in a durable format (the OFT have already stated that a website is not durable) then they have seven working days starting the day after they receive the information, up to three months and seven days.

Additionally, they are intending to return it under guarantee, so it's a contractual right rather than goodwill. It would be worth reading through the terms of the guarantee to see what they say.