return/exchange query

superjoe76

Hi guys,

I wish to exchange an item bought online. The store has a 30 day exchange policy and I'm within that so we're grand.

However.....they are trying to stipulate which courier firm I must use to return the item, and lo and behold it's fully £20 more expensive than Parcelforce. Since I am obliged to pay the return charges, I would naturally like to do it as cheaply as I can! My question is, can they do this? Can they make me use their preferred carrier or refuse to do the exchange?

Thanks

Fosterdog

How long ago was the item delivered? Under DSRs (Distance Selling Regulations) as long as they have informed you of you rights you have to inform them of your intention to cancel by durable means (posted, emailed, faxed) within seven days starting the day after delivery. You can then return the item using your own method as long as you have some sort of tracking as proof it was sent. The item doesn't have to be returned in those seven days, just informing them you are cancelling.

If they have told you about these rights but offer their own extended returns policy, if you cancel outside the seven days then you have to abide by their terms and if they say £20 for the courier there is nothing you can do as you are outside the timeframe.

If they didn't inform you of you DSR rights you get three months and seven days to cancel under DSR. Just make sure you tell them you are cancelling under DSR and not under their returns policy. Their T&Cs can't override the law.

frugal_mike

What exactly do their terms and conditions say about returns. Obviously check out The Distance Selling regulations as Fosterdog suggested because then their terms and conditions are irrelevant, but if you can't use that and have to use their own returns policy they can't make up new rules you didn't agree to.

superjoe76

I bought the item on finance so apparently I cannot cancel the agreement? The item does not suit so they've kindly allowed me to exchange it for something else. I'm cool with this, I reckon I'm lucky they allow me to do that. All they said is to return it via UPS, but why pay £35 when I can pay £15 via Parcelforce?

frugal_mike

When did the item arrive?

superjoe76

A week ago. Monday 7th October.

Fosterdog

It doesn't matter if you bought in on finance, the method of payment doesn't take away from your legal right to cancel, You still have time if you email them now of your intention to cancel under DSR.

Finance has a minimum of 14 days cooling off period so you are still allowed to cancel the payment method too.

frugal_mike

You need to cancel by the end of Wednesday (7 working days starting last Tuesday). You need to cancel by durable means, so phoning is not good enough. Send them an email tomorrow.