Currys.co.uk not abiding by Distance Selling Regulations

slimfandango

The sites always talk about 'must be unused' 'must be returned to this place/that place' etc then we give you a refund. Ok it's reasonable to spell out that something should be returned and how to do it, but this creates an idea in people's minds that the refund is conditional on the return/return in unused state etc.
This is NOT the law.
The law relates to the cancellation, not the return. If you order it online, you have a right to cancel within 7 days of receipt. If you cancel, they have to give you your money back within 30 days WHETHER YOU RETURN IT OR NOT/NO MATTER WHAT CONDITION IT IS IN. If you do not return it, or did not take care of it, they can sue you for that, but by law they have no basis for not giving you your money back, including the outward postage. And there can be no (cf Fleabay) 'handling fees'.

slimfandango

shaun_from_Africa wrote: »

How much will it cost them?
Probably very little. Retailers can oblige consumers to pay the return postage costs and if the goods are returned damaged or have been used too much by the consumer, the refund given can be reduced to reflect this.

Add on that the fact that online retailers probably sell far more because consumers know that they generally have the right to return if what they buy isn't suitable, and the law may in fact give the retailer more profits than if it didn't exist.

No it can't. They have to give you your money back because you have cancelled. They can sue you for not looking after the item. They can't just deduct.
Agree with your last point.

glentoran99

slimfandango wrote: »

The sites always talk about 'must be unused' 'must be returned to this place/that place' etc then we give you a refund. Ok it's reasonable to spell out that something should be returned and how to do it, but this creates an idea in people's minds that the refund is conditional on the return/return in unused state etc.
This is NOT the law.
The law relates to the cancellation, not the return. If you order it online, you have a right to cancel within 7 days of receipt. If you cancel, they have to give you your money back within 30 days WHETHER YOU RETURN IT OR NOT/NO MATTER WHAT CONDITION IT IS IN. If you do not return it, or did not take care of it, they can sue you for that, but by law they have no basis for not giving you your money back, including the outward postage. And there can be no (cf Fleabay) 'handling fees'.

That's nonsense


Your right to a refund You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.


A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary

shaun_from_Africa

slimfandango wrote: »

The sites always talk about 'must be unused' 'must be returned to this place/that place' etc then we give you a refund. Ok it's reasonable to spell out that something should be returned and how to do it, but this creates an idea in people's minds that the refund is conditional on the return/return in unused state etc.
This is NOT the law.
The law relates to the cancellation, not the return. If you order it online, you have a right to cancel within 7 days of receipt. If you cancel, they have to give you your money back within 30 days WHETHER YOU RETURN IT OR NOT/NO MATTER WHAT CONDITION IT IS IN. If you do not return it, or did not take care of it, they can sue you for that, but by law they have no basis for not giving you your money back, including the outward postage. And there can be no (cf Fleabay) 'handling fees'.

And what you have written is not the law either.

For a start, the notice of cancellation period is 14 days from receipt of the goods and not the 7 days that you stated.

The time for a retailer to refund the consumer is 14 days from when they received the goods back or 14 days from when they were informed of the cancellation (whichever is the earlier) and not the 30 days that you stated.

Your comment about the retailer having to sue you if you fail to take good care of the goods is also incorrect.
They don't have to sue you as they are legally entitled to withhold some or all of the cost price of the goods to cover the loss in value due to unreasonable handing.

And as regards outward postage.
They only have to refund their basic charge for this. If the consumer opted for an enhanced delivery service, this extra charge doesn't have to be refunded in the event the consumer returns the goods as unwanted.

shaun_from_Africa

slimfandango wrote: »

No it can't. They have to give you your money back because you have cancelled. They can sue you for not looking after the item. They can't just deduct.
Agree with your last point.

You should really read up on consumer law before posting again.

http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.
(10) An amount that may be recovered under paragraph (9)— (a)may be deducted from the amount to be reimbursed under paragraph (1)

bod1467

I'm just wondering why he/she necro'd this year-long-dead thread just to have a rant (with incorrect information).