distance selling rule query

OlliesDad

bod1467 wrote: »

If you insert the missing punctuation you'll find that you two agree.

No, Bris thinks it's the customer's fault.. I think it is the courier's fault.

atemp01

ok forget who's fault it was regarding the box going missing for now. Should I have arranged a collection in the first place if it was unproven that the goods were faulty? As BRIS stated earlier if under SOGA the customer should have returned the goods for verification of the fault. But under DSR the customer had the right to cancel/reject the goods.

atemp01

Auntie-Dolly wrote: »

You must refund the customer. Source a new shade and try to recoup any loss by reselling the item. You can't start quibbling with customers. Don't look at one sale as profitable or not - look at the bigger picture and your levels of customer service.

I have managed to get a few shades to see if they match up to the lamp. I can sell at a much lower price to help with the loss. I think I just wanted to clarify on the DSR ruling on faulty items. Who should organise the return? What if the packaging was not secured by the customer for the return and part of the goods have gone missing in transit. I have had one item returned to me in the past where the carton was not even sealed shut. It all gets a bit frustrating for the retailer I guess at quieter periods of the year.

InsideInsurance

atemp01 wrote: »

ok forget who's fault it was regarding the box going missing for now. Should I have arranged a collection in the first place if it was unproven that the goods were faulty? As BRIS stated earlier if under SOGA the customer should have returned the goods for verification of the fault. But under DSR the customer had the right to cancel/reject the goods.

As said, it depends which they are doing. Its their choice which of their statutory rights they enact.

From a good service perspective, if the customer doesnt say then you would assume its the one that serves them best subject to your legal t&cs (eg DSR does allow you to charge for refunds IF your T&Cs say so and are given to them in the right format).

atemp01

InsideInsurance wrote: »

As said, it depends which they are doing. Its their choice which of their statutory rights they enact.

From a good service perspective, if the customer doesnt say then you would assume its the one that serves them best subject to your legal t&cs (eg DSR does allow you to charge for refunds IF your T&Cs say so and are given to them in the right format).

I guess I now need to re-evaluate my t & C's.
We have to assume that the customer reads the T & C's though even if they have not.

bod1467

atemp01 wrote: »

We have to assume that the customer reads the T & C's though even if they have not.

As long as you have provided those relevant T&Cs in a durable form (printed on the invoice is fine, email is fine - on your website is not, a link to your website in an email is not) then you have satisfied your statutory obligations. If these (durable) T&Cs say that the customer pays to return goods then the customer pays.

If they are returning under SOGA then they still pay, but you are liable to refund the (reasonable*) returns costs if the goods indeed do not conform to contract.

* Recorded delivery is probably OK. Next-day signed-for where return costs as much as the goods itself is not OK, so you'd only be liable for, say, 1st class recorded delivery.

atemp01

bod1467 wrote: »

As long as you have provided those relevant T&Cs in a durable form (printed on the invoice is fine, email is fine - on your website is not, a link to your website in an email is not) then you have satisfied your statutory obligations. If these (durable) T&Cs say that the customer pays to return goods then the customer pays.

If they are returning under SOGA then they still pay, but you are liable to refund the (reasonable*) returns costs if the goods indeed do not conform to contract.

* Recorded delivery is probably OK. Next-day signed-for where return costs as much as the goods itself is not OK, so you'd only be liable for, say, 1st class recorded delivery.

Would a tick box on the website indicating that they have read and understood the terms and conditions prior to confirming the purchase be ok? (Even though they probably did not even look at them)

bod1467

No.

If you don't provide info on the consumer's cancellation rights in a durable medium (as per my previous reply) then this information is deemed "not given". It doesn't matter whether this info is on your website - it also needs to be in your order confirmation email, despatch email, some other document that has an auditable date/time stamp.

InsideInsurance

atemp01 wrote: »

Would a tick box on the website indicating that they have read and understood the terms and conditions prior to confirming the purchase be ok? (Even though they probably did not even look at them)

The key is that they have them and you cannot change them behind the scenes and then claim its what they were at the time effectively. There is no requirement to actually record if they've actually read them or not

Now in theory with some computer wizardry you can probably make email terms such that you can change them after sending but thats not catered for.

bod1467

InsideInsurance wrote: »

Now in theory with some computer wizardry you can probably make email terms such that you can change them after sending but thats not catered for.

You can't. An email is stored by the recipient and cannot be changed by the sender.

(Well, in theory, the email contents could point to an internet image whose contents can be changed. But this would be easily spotted should the recipient turn off their internet connection. And if it went to court anyone doing this would leave themselves open to being reamed).