seller not complying with consumer law

studiobob

Hi

I have found details of a seller on eBay who is selling beds. I have asked him if they would accept a return on a bed once I had tested it. He has refused to accept a return. In my eyes this is contravening the old DSRs, (now the consumer contract regs). What redress if any do I have?

The reason I ask is that the same seller sells on Amazons marketplace - my mother recently bought a bed from them and tried to return it (within 7 days ) but they refuse to accept the return as it has been used (once and found unsuitable). They also demanded the original packaging however the delivery guys who installed the bed took everything with them so they cant really enforce that. It is still in perfect condition.

Credit card section 75 doesn't work as they are protected by Amazon as a third party seller which is ludicrous. She has exhausted amazon and her credit card companys complaints procedure and got nowhere. Any thoughts on how to handle? I'd like to report them to eBay and try and get them shut down but as I personally havent actually bought anything from them i'm unsure how that will work.

Any advice appreciated.

regards

Iain

studiobob

In fact I think ive found their website which quotes this as their returns policy:

1. In accordance with the UK Regulations, The Consumer Protection (Distant Selling) Regulations 2000 ("The Buyer's right to cancel"), the Buyer has the right of cancellation within 7 days cooling-off period except where a Product is tailored to customer requirements and without fault.

2. To exercise the Buyer's right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered and where appropriate their delivery. Notification by phone is not sufficient. You must retain possession and take good care of the Goods until you send your cancellation notice to us. The goods cannot be used.

3. If you cancel the contract before or after the goods are delivered there will be an administration charge of 20% which will be deducted from your reimbursement.

4. You must make the Goods available and accessible for collection in the original packaging and the original, unassembled condition in which you received it, by us at a time when we will arrange with you and confirm with you. (We prefer to collect the Goods back from you when you cancel the contract.) Goods must be returned in the original packaging they arrived in. Goods assembled will not be returnable.

5. Goods cannot be returned if the customer has unpackaged, assembled or used the goods. Please note that unwanted mattresses cannot be returned once opened due to health laws. We reserve the right to send any returned mattresses back again if we believe they have been opened and/or used.

6. If for any reason you are unhappy with your purchase you can return it to us in its original sealed packaged condition within 7 days of the date you received the item and we will issue a full refund for the price you paid for the item (minus original delivery and return delivery costs and our administration charge of 20% wherever made by THE ELECTRIC BED CO, will still be payable by the customer).

If you wish to return the item simply because it was unwanted or unsuitable you will be charged both the outward and return carriage costs & the administration charge of 20%. You can expect a refund in the same form of payment originally used for the purchase within 21 days of our receiving your return. If you require an exchange, please place a new order online.

7. We shall be entitled to charge you (and off set against any money reimbursed) an amount not exceeding the costs of recovering the product incurred if you fail to return it or return it at our cost. This is termed a handling charge and will cover the cost of re-packaging the product, re scheduling the carriers and the administration of the process etc.

8. Please email sales@electricbedsonline.co.uk with your order & consignment number and which items you wish to return, to obtain a returns number which needs to be written on the outside of the parcel. Please enclose a note stating your consignment number and the reason for your return.

9. Your statutory rights are not affected.


Some of those terms definitely contravene the CCRs don't they?

SuperHan

As you've mentioned the CCRs, I'm guessing you know they have replaced the DSRs you mention in your first post.

The CCRs do allow for a deduction for resaleability, 20% seeming a reasonable discount to be able to sell it second hand.

The bit that contravenes is that they have to allow 14 days for the cancellation and 14 days for the return of the item.

LilElvis

Retailers are allowed to refuse to accept a "change of mind" return for certain items, including for health and hygiene reasons. This generally seems to include beds, bedding and mattresses which have had their protective wrappings removed. See Debenhams policy, which also specifically disallows returns for these items:http://www.debenhams.com/wcsstore/DebenhamsUKSite/faq/our_online_services/returns.html

I wouldn't disagree that the sellers policies breach the regulations in several respects, but they are fully within their rights to refuse to refund the OPs mother, who both removed the wrapping and used the bed.

studiobob

LilElvis wrote: »

Retailers are allowed to refuse to accept a "change of mind" return for certain items, including for health and hygiene reasons. This generally seems to include beds, bedding and mattresses which have had their protective wrappings removed. See Debenhams policy, which also specifically disallows returns for these items:

I wouldn't disagree that the sellers policies breach the regulations in several respects, but they are fully within their rights to refuse to refund the OPs mother, who both removed the wrapping and used the bed.

But surely its what the CCRs state rather than a firms T and Cs? They can say whatever they want, it doesnt make it enforceable by law... done some further reading: This is from the CCRs section 29

(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.


That to me says usage beyond what is needed to test the item is suitable. It was used once. So I don't feel that would apply and therefore the seller must accept a return

Bantex_2

Best to just go to a shop, try out the beds, buy the one that suits and save all the hassle. Keeps people in jobs as well.

LilElvis

The part about items sealed for hygiene reasons appears to be in the legislation:
http://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

Sorry - I quoted debenhams site earlier as I thought it would take me longer than it actually did to find the relevant part of the legislation.

wealdroam

Studiobob, when did your mother buy her bed?
Before or after 13 June 2014?

As well as the information you have already been given, it is worth noting that in Regulation 34 of the CCRs it says:

(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.
.
.
(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

I would suggest that sleeping on the mattress, even for just one night, is probably more than most shops would allow.

studiobob

LilElvis wrote: »

The part about items sealed for hygiene reasons appears to be in the legislation:


Sorry - I quoted debenhams site earlier as I thought it would take me longer than it actually did to find the relevant part of the legislation.

That seems to be the nail in the coffin... Are they under any obligation to make us aware of that at point of sale? I can check the T and Cs of the amazon seller - however what appears to be the same company certainly do include this on their website (which she hadn't seen)

regards

wealdroam

studiobob wrote: »

That seems to be the nail in the coffin... Are they under any obligation to make us aware of that at point of sale?

No, they are not.

hollydays

According to companies house, this company was dissolved in February 2014.