Section 75 and DSR's

andybird123

Hi guys,
I ordered some tiles from a trader, when they got here they were nothing like in the pics on their website so I returned them under DSR's, the trader has taken their merry time (more than 30 days) and has decided to not refund me the postage (I paid for the return out of my own pocket but that is a seperate issue)

contacting my credit card company, they are saying that Section 75 only applies to breach of contract and since the traders terms and conditions state that returns will be minus postage fees that section 75 doesn't apply - despite their T&C's not being compliant with DSR's

is this right? can the credit card company just shrug their shoulders of the whole thing?
I'd really rather avoid small claims for the sake of £36 but if the CC company won't do anything (been really helpful in the past) is that my only recourse?

Cycrow

if the trader states you need to pay for the return postage, then you need to pay for it.

what in their T&C's were not complaint with DSR?

if they really weren't as described, you should have returned them under SOGA, not DSR

unholyangel

Cycrow wrote: »

if the trader states you need to pay for the return postage, then you need to pay for it.

what in their T&C's were not complaint with DSR?

if they really weren't as described, you should have returned them under SOGA, not DSR

But you cant sign away your statutory rights. So if they weren't as described, OP can still claim back return postage costs - regardless whether they have returned them under the DSRs or not.

Its not a case of choosing which law applies, both do.

shaun_from_Africa

I read the opening post to say that the OP paid for the return postage costs themselves (which they may or may not be entitled to a refund for, depending on the circumstances for the return), and that the retailer hasn't refunded for the outward delivery costs, somthing that must be refunded under the DSR's.

unholyangel

Wondering if perhaps (given the nature of the goods) they're a trade only business?

andybird123

yeah, the trader hasn't refunded the ORIGINAL carriage, I paid the return postage myself and that is a separate issue, the trader sells openly to end users via a website, they are not trade only

reading their T&C's it doesn't actually say that they will try to withhold the original delivery, but that is what they are saying to me and to the CC company, and the CC company are saying that if the contract says no refund then they won't get involved

I didn't think that a trader could impose terms that remove statutory rights and I didn't think that a CC company could use that as a get out either, if the original company are liable under DSR then surely the CC company would be equally liable?

DSR was easier for me so I just bit the return postage myself thinking they wouldn't be able to try to get smart with me on not refunding me in full

frugal_mike

The DSR's say you should get the initial postage back. They also say you should get the return postage back if you have the right to reject the goods (which you might if they are not as described). I'd say you have a good chance of winning if you took the seller or CC company to small claim court.

andybird123

yeah, just trying to avoid small claims if at all possible as it is a lot of hassle for the sake of £36, but at the same time I don't want to let the trader off scot free either

will send everything off to the credit card company anyway, if I make it clear I intend to pursue it they probably won't waste their time defending it