DSR - unwanted item

egyptiancotton

I purchased an item from a seller on Amazon's Marketplace. The item arrived on Friday 20th September 2013.

I wish to return it for a refund as it's an unwanted item.

I haven't opened the box. But the seller is demanding the box must be sealed and will not refund the inital P+P costs. Is this against my rights?

Who pays for return postage - me or the seller? The seller's terms and conditions do not state who pays for return postage. I was not made aware of this requirement before the contract was made.

WTFH

It should be you who pays for the return postage.

Toxteth_OGrady

Under DSR, seller cannot demand the box is sealed and has to refund the postage you paid for the initial delivery to you.

As WTFH stated, you will have to pay return postage.

frugal_mike

WTFH wrote: »

It should be you who pays for the return postage.

That's not necessarily true. The distance selling regulations state that the seller is responsible for return postage unless agreed otherwise. They also state that the seller must refund the full cost of the item (including p&p).

However, do the distance selling regulations apply? OP, was the Marketplace Seller a UK-based business?

WTFH

mike - this is not a return because it's faulty, it's a return because it's not wanted.

Regulation 14 paragraph 5 is fairly clear on the matter.

molerat

So is 8. 2 (b) (ii)

WTFH

Without knowing the seller and seeing their terms & conditions, then it's hard to knwo which part of the regulation applies.

halibut2209

The OP has already answered that

Hintza

OP should know by now where they stand after their multiple balckberry post. Something smells fishy to me.

egyptiancotton

I've just noticed Amazon's refund policy for Marketplace orders:

"Please note that, with respect to returns initiated during the first 7 business days after delivery, Sellers aren't required to refund the cost of gift-wrapping, returning the item to the Seller, and other services provided to you in connection with your purchase unless you return the item to the Seller because of an error on the Seller's part or because it's defective."

I'm therefore happy to pay return postage. However, the seller is still refusing to refund the original P+P, required under DSR. I've contacted Amazon and asked them to assist.

WTFH

halibut2209 wrote: »

The OP has already answered that

...and now discovers that it's there in black and white, but he didn't notice it the first time.