Quick DSR question

bunberry

If a retailer charges say, £5, for postage and offers free returns, do they have to refund you the full amount when returning under DSR? Or can they charge you for the free return?

Thanks!

bris

They refund all monies paid, that includes the delivery fee to you.

If it says free return it should be exactly that, but check to see if the free return just means popping a label on it and sending it back to them because their T&C's may legally say that the refund can be deducted for this.

Who is it, someone will check.

bunberry

http://www.mulberry.com/terms-of-sale#returns

Hmm if I understood correctly, returns under DSR aren't actually free unless the item is faulty (don't know if marks on leather count or if they'll say it's the "nature"), so I'm not sure if I can use their returns label?

frugal_mike

bunberry wrote: »

http://www.mulberry.com/terms-of-sale#returns

Hmm if I understood correctly, returns under DSR aren't actually free unless the item is faulty (don't know if marks on leather count or if they'll say it's the "nature"), so I'm not sure if I can use their returns label?

The Distance Selling Regulations does not depend on whether the item is faulty or not. They actually state that it is the retailers responsibility to pay the return postage unless the retailers terms and conditions require you to pay.

I haven't checked the terms in the link you provided yet...

frugal_mike

Ok, I've just read the link. There are two relevant bits. Firstly:

You can request a free return for goods you have purchased on mulberry.com up to 28 days after receiving your order for all full priced goods, or 14 days for sale items.

Secondly:

Please note that you cannot use our free returns service where you have cancelled your Contract using your legal right set out under Cancellations

So it seems their free returns only apply if you do not cancel under the DSRs when you cancel. They do give you a more generous period to return the goods than the DSRs require though.

frugal_mike

And I just read their description of the DSRs in the legal Cancellations section and they say this:

You cannot cancel the Contract or return the goods where the goods have been opened, tampered with or used, unless the goods are faulty or not as described.

Which is definitely not a restriction the DSR allows them to make!

bunberry

frugal_mike wrote: »

So it seems there free returns only apply if you do not cancel under the DSRs when you cancel. They do give you a more generous period to return the goods than the DSRs require though.

I'm assuming that if you don't cancel under DSR, they won't refund the original postage. Unless the item is faulty :undecided

frugal_mike

frugal_mike wrote: »

Ok, I've just read the link. There are two relevant bits. Firstly:



Secondly:



So it seems their free returns only apply if you do not cancel under the DSRs when you cancel. They do give you a more generous period to return the goods than the DSRs require though.

Hmm, good question. Under the Refund section it states:

Where you have cancelled your Contract or returned goods to us in accordance with these terms and conditions, you will receive a full refund of the price you paid for the goods, and in the case of contract concellation this refund will include any applicable delivery charges.

So you get a refund of original postage If you cancel the contract but not if you 'return goods in accordance with the terms and conditions'. I assume that when they say cancel they mean cancel using the DSRs, but its not at all clear to me whether that would be 'in accordance with the terms and conditions' or not.

I suspect that they won't refund original postage if you return without using DSRs but they will pay for return postage. They will definitely refund original postage if returned under DSRs, but won't cover return postage.

Which would be cheaper for you?

unholyangel

frugal_mike wrote: »

The Distance Selling Regulations does not depend on whether the item is faulty or not. They actually state that it is the retailers responsibility to pay the return postage unless the retailers terms and conditions require you to pay.

I haven't checked the terms in the link you provided yet...

Just to be pedantic....doesn't really matter whats in their T&C's. If they haven't provided it to you in a durable form before the contract is concluded then they'd still be liable for the return postage costs.

frugal_mike

Well yes, thats true. The point I was making was that the goods do not have to be faulty for the retailer to be liable for return postage. Given the deviations from what the DSRs state I wouldn't be surprised if Mullberys didn't provide the necessary documentation.

Come to think of it though, I can't think of a time when I've ever been provided with the information in a durable form when I've ordered online.