seller refusing to refund P&P

hollydays

As regards distance selling regulations, if companies specify on their website that they do not pay return postage that is legally acceptable.

pimiento

yes, what's not correct?

I got v excited when I read I can cancel under distance selling!

and no, they didn't notify me that I could.

pimiento

hollydays wrote: »

As regards distance selling regulations, if companies specify on their website that they do not pay return postage that is legally acceptable.

so can I cancel and at least get the original postage back? that would be an improvement on what they are offering.

frugal_mike

hollydays wrote: »

As regards distance selling regulations, if companies specify on their website that they do not pay return postage that is legally acceptable.

There are exceptions listed in regulation 14:

(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.

(6)!Paragraph (5) shall not apply where—

(a)the consumer cancels in circumstances where he has the right to reject the goods under a term of the contract, including a term implied by virtue of any enactment, or
(b)the term requiring the consumer to return any goods supplied if he cancels the contract is an “unfair term” within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999(1).

So, as I stated above, if you have the right to reject the goods under the sale of goods act then the distance selling regulations say the seller must pay for return postage.

frugal_mike

pimiento wrote: »

so can I cancel and at least get the original postage back? that would be an improvement on what they are offering.

You definitely are entitled to the postage to you. You are entitled to the postage back to the seller if you have the right to reject the goods under the sale of goods act. I can't tell you definitively whether you have that right or not because the quality of the goods is going to be open to interpretation.

pimiento

thank-you so very much. it sounds like I can at the very least get the original cost and postage back, which is great as I thought £7 postage a bit excessive anyway.

yes I should be able to reject the goods, but as they are simply denying there is any problem that will probably be more trouble than it's worth.

thanks again for your help

hollydays

frugal_mike wrote: »

There are exceptions listed in regulation 14:



So, as I stated above, if you have the right to reject the goods under the sale of goods act then the distance selling regulations say the seller must pay for return postage.

Pardon?!!...........

hollydays

Regulation 14
Please provide a link................

frugal_mike

hollydays wrote: »

Regulation 14
Please provide a link................

Well I quoted and bolded the relevant bits above. Regulation 14 can be read at http://www.legislation.gov.uk/uksi/2000/2334/regulation/14/made

hollydays

Let's just clarify again though for anyone else reading this, at another time-you don't automatically have the right to return postage under distance selling regulations ( cooling off period) . If it's stated otherwise on their t & cs