Gems TV

CMV46

I am a little confused about the distance selling regulations. I bought a couple of pieces from Gems TV returned it within 7 days but they refunded only the price of the items. When I queried it they said that I had to request a refund of the postage and if I did not then they have no obligation to refund it. I am quite sick of this type of treatment and it has really put me off on line shopping.
Can someone advise exactly whether they should automatically refund or if I have to in fact request it? There site does not stipulate that I should request a refund of postage - which of course it would not.

frugal_mike

You don't have to request it, they have to refund it. The distance selling regulations just require you to inform the seller you are cancelling the contract within 7 working days of delivery or being informed of your cancellation rights (whichever is later).

Valli

frugal_mike is quite right -

Who pays return postage?

The seller's terms and conditions or returns policy should state who pays the cost of returning goods.
If they don't state this, then the seller has to cover the cost.
In this case, you're entitled to a refund of the total amount you paid, including any charge to ship the goods to you. No admin or restocking fees should be charged.
If the seller wants to send substitute goods, because they don't have the items you wanted in stock, it should say so before you place your order.
The cost of returning substitutes should always be at the seller’s expense.


from http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations/

CMV46

Thanks for the responses. I called them but they have insisted that as I did not request it specifically they do not have to refund it. Unfortunately I just lost my cool and told them to keep it, that I would not buy from them again and asked them to remove all my details from their site. I want to pursue it out of principle but it is £2.95 and I feel it is not worth the aggravation. Is their an official body I can report them to so that they do not do this to any other customers?

frugal_mike

I must admit when I wrote my first reply I thought that you meant the original postage to you. The seller always has to refund that. They do also have to pay return postage too unless their terms and conditions say the customer has to, as Valli has indicated.

I would guess Trading Standards would be the people to complain to.

deanos

If you returned without a reason and written notice they will presume you are using there 30 days no quibble returns , you should have cancelled in writing as per the distance selling regulations , did you cancel the contract in writing ?

mije1983

Their own T&Cs say:

8. 30 DAY "NO QUIBBLE" GUARANTEE

8.5. We do not refund the cost of the original delivery charges or the return delivery charges.

So that contradicts what you were told but seems to allow them to not refund return postage on change of mind purchases.

wealdroam

mije1983 wrote: »

Their own T&Cs say:

8. 30 DAY "NO QUIBBLE" GUARANTEE

8.5. We do not refund the cost of the original delivery charges or the return delivery charges.

But the Distance Selling Regulations are quite clear that if an order is cancelled then the seller must refund the original delivery charge.

On page 25 of the OFT's Guide to the DSRs we can see:

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home.

CMV46

I did not write to them. I just returned the goods within 7 days as I assumed that the dsr would apply and they would refund my purchase postage. I did not expect the return postage to be paid. They are sticking to their guns and stating that I should have requested it. I have sent the quotes from the OFT site and the CAB but they do not seem to be bothered. I think that if they refund me it means that they accept that they are wrong and the flood gates may open as with some companies such as Next that were reported in the news last year. I just do not know why this cannot be standard practise and all these distance selling companies should be held responsible and made to refund buyer postage within 7 days. Thanks everyone for your assistance. I will call up Trading Standards and make them aware of this.

RosiPossum

The 30 day no quibble says that they don't refund postage, so I guess that change-of-mind purchases cancelled within 7 days should have full refund, and 7-30 days should be just the item price?

wealdroam

RosiPossum wrote: »

The 30 day no quibble says that they don't refund postage, so I guess that change-of-mind purchases cancelled within 7 days should have full refund, and 7-30 days should be just the item price?

Yes, that pretty much sums it up.

Remember, those seven days are seven working days, starting with the day after delivery.