Quick question about returning a web order

Anoneemoose

Hi everyone.

Can someone please advise where I stand. Basically need to know whether distance selling regs supercede a company's web returns policy.

I ordered some goods on Weds 13th Nov. Paid for next day delivery (when I knew someone would be in) and this was done before the company's 3pm cut off.

Problem with delivery and Royal Mail didn't attempt delivery until Fri 15th (instead of thurs 14th) and of course, no one was here.

I couldn't get to sorting office until last Thurs 21st which is when I signed for the goods. Today is my first opportunity to go back to the PO to post the goods back as there are some items that are unsuitable. However, when I have looked at the returns instructions this morning, it says 'returns will be accepted within 14 days on the date of the despatch note (13th). So basically, it seems if I don't post them back until lunch time today, they won't get them at least for another day or 2 which will be outside of their returns policy.

Am I stuffed or should I have 7 working days from when i signed for the goods to let them know I will be returning them as per DSR?

Thanks in advance!

wealdroam

Anoneemoose wrote: »

Basically need to know whether distance selling regs supercede a company's web returns policy.

Put quite simply...

Nothing in a company's terms and conditions can remove your statutory rights.

In other words, Distance Selling Regulations overrule any returns policy the company may have.

Anoneemoose

wealdroam wrote: »

Put quite simply...

Nothing in a company's terms and conditions can remove your statutory rights.

In other words, Distance Selling Regulations overrule any returns policy the company may have.

Thank you!

I thought so but wasn't sure. I have composed an email stating my intention to return some items and explaining that I have the right under DSR. I shall send it now and wait for them to confirm they accept this!

bod1467

DSRs say you have 7 working days (day 1 is the day after delivery) to inform the company via durable means (email is OK) of your intent to cancel the contract.

If you didn't receive the goods until the 21st (and as you signed for them then you can prove the delivery date) then you have until Monday 2nd Dec to inform them. (This does NOT mean the goods have to be returned by then).

Also, if they didn't advise you (via durable means, such as email or on physical paperwork - their website is not durable) of your cancellation rights then you have up to 3 months and 7 working days to advise them. (i.e. 7 working days after the later of them advising you or delivery, up to 3 months).

Edit: The company sending the goods via a tracked method means they can prove delivery. But it also means they can't use their shipping date to calculate the 7 days. If they'd used 1st class post then they may have been able to assume delivery 2 working days after posting (if they got proof of postage). But they didn't, so they can't.

Anoneemoose

bod1467 wrote: »

DSRs say you have 7 working days (day 1 is the day after delivery) to inform the company via durable means (email is OK) of your intent to cancel the contract.

If you didn't receive the goods until the 21st (and as you signed for them then you can prove the delivery date) then you have until Monday 2nd Dec to inform them. (This does NOT mean the goods have to be returned by then).

Also, if they didn't advise you (via durable means, such as email or on physical paperwork - their website is not durable) of your cancellation rights then you have up to 3 months and 7 working days to advise them. (i.e. 7 working days after the later of them advising you or delivery, up to 3 months).

Edit: The company sending the goods via a tracked method means they can prove delivery. But it also means they can't use their shipping date to calculate the 7 days. If they'd used 1st class post then they may have been able to assume delivery 2 working days after posting (if they got proof of postage). But they didn't, so they can't.

Fab thanks!

I have taken a screen shot of the proof of delivery usimg their tracking number. And a pic of their bag showing the sticker with the tracking number on. Just in case...would be just my luck, they'd be awkward!

Anoneemoose

Sent the email and got a speedy reply saying they will accept the return so have posted it.

Thanks again.

bod1467

Just watch they don't try to play silly beggars, and try to charge a restocking fee or not refund your initial postage costs (if any).

Anoneemoose

bod1467 wrote: »

Just watch they don't try to play silly beggars, and try to charge a restocking fee or not refund your initial postage costs (if any).

Ooh thanks. I forgot about that. I bet they don't though!