Gems TV

deanos

but the dsr state you need to notify the retailer, if this is not done then how will they know?

mjm3346

CMV46 wrote: »

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.

If you did not write then they can assume you are not returning under DSR, which requires you to write, and are using their own system for returns (it's not so much telling them you want the postage back but telling them you are returning under the DSR).

MamaMoo_2

deanos wrote: »

but the dsr state you need to notify the retailer, if this is not done then how will they know?

One would assume the return of the item would be a hint...

mjm3346

MamaMoo wrote: »

One would assume the return of the item would be a hint...

Returned under their own "no quibble" etc, no need for them to assume it is DSR which requires the buyer to notify them and costs them more.

wealdroam

mjm3346 wrote: »

...it's not so much telling them you want the postage back but telling them you are returning under the DSR...

Regulation 10 of the DSRs specifically says that you do not have to state that you wish to cancel under DSRs, just that you wish to cancel:

(3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

Notice too that the cancellation must be in writing, but I think we all agree on that, but it does mean just sending the thing back without expressing a wish to cancel is not good enough.

mjm3346

Wouldn't surprise me if they have a little slip of paper which goes back with returned goods and is defaulted to using their "no Quibble" returns.

If people can sell items rejected from value/basic christmas crackers and show them with a start price of £1000*, before selling them for a £5 I doubt they have any morals about trying to make getting a full refund as hard as possible.

(*"Start price is no indication of the value or worth of an item" as they used to or may still say)

MamaMoo_2

mjm3346 wrote: »

Returned under their own "no quibble" etc, no need for them to assume it is DSR which requires the buyer to notify them and costs them more.

Surely no policy of theirs can override your statutory rights for the worse, so OP should have received the full refund under DSRs. To take them back under their own policy would leave the OP in a worse position than a DSR return, whereas a DSR return would be the minimum OP should get, "no quibble policy" or not.

wealdroam wrote: »

Regulation 10 of the DSRs specifically says that you do not have to state that you wish to cancel under DSRs, just that you wish to cancel:

Notice too that the cancellation must be in writing, but I think we all agree on that, but it does mean just sending the thing back without expressing a wish to cancel is not good enough.

Presumably though, there must be some sort of durable cancellation form/returns form in with the returned item for Gems TV to be able to allocate the return to a specific buyer for refund purposes?

CMV46

Thank you to everyone for your comments and sharing your knowledge. I generally avoid shopping channels. I bought this item direct from the website on a recommendation from a colleague as I was looking for a specific gemstone. The item was in my opinion, very poor quality and I returned it within 5 days by insured next day delivery post. What a waste of my time and money. I would advise everyone to avoid them. The products are poor quality and the customer service poor. I have learnt my lesson and I am kicking myself for ever parting with my money. It only shows how retailers and traders will manipulate the rules to get every penny out of customers that they can. The legislation should be tightened so that they are forced to refund purchase postage for goods returned in 7 days. They just get away with so much and us poor consumers continue to pay the price while these fat cats just get fatter.

frugal_mike

CMV46 wrote: »

The legislation should be tightened so that they are forced to refund purchase postage for goods returned in 7 days. They just get away with so much and us poor consumers continue to pay the price while these fat cats just get fatter.

The legislation doesn't need tightening, its already there. The distance selling regulations already days that any qualifying contract that is formed at a distance and cancelled within seven working days must be refunded in full (including outbound postage).

It says the cancellation must be in writing or other durable means. Since you returned the item and they knew it was from you there must have been some kind of returns slip, which would be a written form of cancellation (which has already been suggested above). However I would argue that even if there is no written returns slip, simply returning the item is a pretty durable form of communicating cancellation as long as they know its from you in some way.

So, as long as the item arrived within the 7 working day period I think you are entitled to the postage back. Unfortunately if they refuse then the only way to force them is likely to be the small claims court, and it would have to be quite a high delivery charge before that was worthwhile. Perhaps try trading standards?