Distance sellng regulatuions: right o full refund

Enigmaman

Can anyone please clarify for me my rights under Distance Selling Regulations?


I recently bought a printer online but when it arrived it was far too big for the space it needed to fit into.


I was therefore forced to return it, but not only did I have to pay the cost of the courier (nearly £28), I am also told that I am being docked a restocking fee of 20%, because I unsealed the box (even though I did not even start to unpack, or switch on, the printer).


Are they allowed to do this? Under Distance Selling Regulations I thought that I had the right to a full refund within seven days.


Is that so?

McKneff

I think you will have to suck up the cost of returning it. The dimensions of the printer would have been on the site where you bought it. So you have made the mistake of not checking unfortunately.


Not sure whether to restocking fee is legal though under DSR, have you looked on a .gov site to check.

frugal_mike

The restocking fee is definitely not allowed under the Distance Selling Regulations. There is no problem with opening the box, your right to cancel is unconditional.

They can insist you pay the return postage cost if the terms of the contract say you have to, but if they don't then they have to pay for that themselves.

I'm assuming here you bought the printer from a UK company. If not then the Distance Selling Regulations may not apply.

wealdroam

A restocking fee is not chargeable under DSRs.

The OFT's website is down at the moment, but in their Guide to the DSRs that is clearly explained.

Did you make the purchase as a business or consumer?
If you purchased as a business, then DSRs do not apply and whether they can charge a restocking fee is down to the contract you agreed.

browneyedbazzi

McKneff wrote: »

I think you will have to suck up the cost of returning it. The dimensions of the printer would have been on the site where you bought it. So you have made the mistake of not checking unfortunately.


Not sure whether to restocking fee is legal though under DSR, have you looked on a .gov site to check.

Just to clarify the above - if you have cancelled an order within your rights under the Distance Selling Regulations then the reason for the return is irrelevant and it doesn't matter if the reason is something you could have known from the product description or from another source. DSRs cover you for 'change of mind' which includes if the product doesn't fit (be it a printer or a jumper).

You may have to pay for the cost of return postage/courier of an item when returning under the DSRs - but only if the retailer's terms and conditions state this is the case. Otherwise it is the retailer that should bear the cost of the return and they must give you a full refund. You have 7 days in which to cancel the contract (inform the retailer of the cancellation and that you intend to return the item) - they have 30 days to issue a full refund and may not make any deductions from that refund. Restocking fees or similar are not allowed.

bris

Re-stocking fees are usually (but not always) terms B2B sites impose, was it a business purchase?

Enigmaman

Unfortunately it was bought in my business' name, even though it is about a 50-50 home and business mix.

Looks like I will have to wear it but i';s useful information for the future. Thanks for all the replies.

browneyedbazzi

Enigmaman wrote: »

Unfortunately it was bought in my business' name, even though it is about a 50-50 home and business mix.

Looks like I will have to wear it but i';s useful information for the future. Thanks for all the replies.

Bit of a shame - you need to be aware that if you buy anything through your business that consumer rights don't apply to the purchase because you are not acting as a consumer. Companies can put all sorts of terms in business to business contracts that would not be allowed in consumer contracts and it is up to you to read the contract and make an informed decision about whether to enter that contract.

mattyprice4004

Enigmaman wrote: »

Unfortunately it was bought in my business' name, even though it is about a 50-50 home and business mix.

Looks like I will have to wear it but i';s useful information for the future. Thanks for all the replies.

I agree the restocking fee is a little harsh, however why should they pay for a return courier because you didn't measure the space first?

Enigmaman

What makes you think I didn't measure? However, abstract conceptualsing is all very well. Sometimes, only when you see an item can you really tell.

Flipping it round, why should I pay for something that I would have immediately rejected as unsuitable had I seen it physically?

They undercut rivals through their distance selling model. They need to accept there is a downside.

McKneff

Enigmaman wrote: »

What makes you think I didn't measure? However, abstract conceptualsing is all very well. Sometimes, only when you see an item can you really tell.

Flipping it round, why should I pay for something that I would have immediately rejected as unsuitable had I seen it physically?

They undercut rivals through their distance selling model. They need to accept there is a downside.

In fairness, you either didn't measure or you measured it wrong, either way it isn't the sellers fault.