Distance Selling - Cancelling before item received.,

Jamie_Carter

bris wrote: »

It would be reasonable to charge the return delivery fee if the courier charges them, so don't get your hopes up. They must return the outward delivery fee but return costs are usually paid by the customer if their T&C's relate this, which is what they do.

It seems you canceled after dispatch, so really the return fee (if they are charged one ) will be your responsibility.

If the items have not been delivered, then the buyer shouldn't have to pay anything. It doesn't matter what the sellers terms and conditions are, they still have to comply with the law.

arcon5

If the goods have been dispatched and you have cancelled - you can be liable for any additional costs imposed on them by the courier in relation to the return of the goods (if their terms make you liable for return postage). They can deduct the direct costs of the return from the refund.

Jamie_Carter

arcon5 wrote: »

If the goods have been dispatched and you have cancelled - you can be liable for any additional costs imposed on them by the courier in relation to the return of the goods (if their terms make you liable for return postage). They can deduct the direct costs of the return from the refund.

Read post 6

arcon5

Jamie_Carter wrote: »

Read post 6

Post 6 makes two points.

The rejection of a parcel is not to be considered breach of contract.
Seller must refund original cost + original postage (ie total cost of goods).

DSRs also allow the seller to make specific deductions, being the direct cost of the return of goods. This has nothing to do with any of the above.

OFT Guide to Business' covers this.

EDIT TO ADD:

In fact i'll substantiate this:

(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier.

Thus, the retailer can have the contract require the customer to bear the cost of returning goods under DSR.

Jamie_Carter

arcon5 wrote: »

Post 6 makes two points.

The rejection of a parcel is not to be considered breach of contract.
Seller must refund original cost + original postage (ie total cost of goods).

DSRs also allow the seller to make specific deductions, being the direct cost of the return of goods. This has nothing to do with any of the above.

OFT Guide to Business' covers this.

EDIT TO ADD:

In fact i'll substantiate this:



Thus, the retailer can have the contract require the customer to bear the cost of returning goods under DSR.

That only applies if the buyer has received the goods. And not if they have cancelled before delivery, or if delivery is refused.

arcon5

Jamie_Carter wrote: »

That only applies if the buyer has received the goods. And not if they have cancelled before delivery, or if delivery is refused.

Don't be silly. It's to do with the restoration of goods to the supplier - absolutely nothing in the regulations states it's only applicable where receipt has been taken!

And it makes perfect sense, after all it's not reasonable to expect a retailer to bear the return costs in such situation. It's op who changed her mind through no fault of theirs, so no reason op can't take a hit on the direct cost of restoring goods to them!

SHIRAZ

have a read of this
http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_by_internet_mail_order_or_phone_e/consumer_cancelling_a_distance_sale_order_e/returning_goods_bought_by_distance_sale_your_responsibilities_and_costs.htm

http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_by_internet_mail_order_or_phone_e/consumer_cancelling_a_distance_sale_order_e/cancelling_a_distance_sale_order_within_the_cooling-off_period.htm

Getting your money back

If you have already paid for the goods or services, whether in full or with a deposit, the law says the trader must refund all your money within 30 days of you cancelling the agreement.
The refund should include any delivery charges you paid. However, you may be responsible for the cost of returning any items to the seller. If this was in your terms and conditions, you will have to pay to return the items. The seller can deduct this cost from the amount they repay you.


looks like return costs can be charged...

lordgaz

Surely I can only return goods if I have been in receipt of them - Cancelling an order before delivery means that the goods have not been delivered and I should not fall under any terms of responsibility to pay return charges? Any charge would become a cancellation fee? I can see both sides of this, but I only want to press my legal rights. If I am not entitled to to claim all my money back, I need to know. Seems a little bit grey area-d now that I have read the later posts...

tomwakefield

arcon5 wrote: »

Don't be silly. It's to do with the restoration of goods to the supplier - absolutely nothing in the regulations states it's only applicable where receipt has been taken!

And it makes perfect sense, after all it's not reasonable to expect a retailer to bear the return costs in such situation. It's op who changed her mind through no fault of theirs, so no reason op can't take a hit on the direct cost of restoring goods to them!

If delivery is refused, do the couriers make an additional charge to the sender to return it to them? If not, there are no costs incurred and so the shop should offer a full refund. Otherwise, it would be legitimate for the shop to reduce the refund whatever amount the charge is. (I would be very surprised if there was an additional charge - whenever I've sent a letter through the post and it has been refused I've not had to pay for another stamp to get it back again).

If the OP knows which courier the item is being delivered with, it could be worth phoning up to ask.

lordgaz

Just to add to this a little more - A few hours after I cancelled the order by email, and spoke to someone to confirm the cancellation, I received an (automated?) email from an address which links back to the retailer advising the item had been dispatched (showing an order date of 28th May and delivery date 30th May (I made the order on 21st May with 30th May delivery)... hmmmm - Maybe they are still going to try and deliver it