Returning items bought online

Allan87

A retailer has accepted my return request and asked me to send the item back within 3 working days or they'll refuse to accept it back, I've told them this is difficult as I cannot get to a post office within that time. Does the distance selling act give me a more reasonable time to return?

Fosterdog

How long ago was the item received?

Allan87

10 days ago

Fosterdog

Then yes they are right, DSRs are no longer in place, they only gave you 7 working days starting the day after delivery the new CCRs allow you 14 calendar days from delivery to return items, you have left it so late you only have a few days left, the retailer is allowing a little bit extra by giving you 3 working days which will take you outside the 14 calendar days, your 14 days will end on Monday, 3 working days will end on Tuesday.

If you really want the refund you will have to find a way of getting it back to them.

Allan87

Actually a deeper dive into Google suggests otherwise, is Which? wrong?

Cancelling goods
Your right to cancel Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
If your order consists of multiple goods, the 14 days runs form when you get the last of the batch.
This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

frugal_mike

The 14 days is the time to cancel the contract, not to return the item. You need to send your cancellation to them within 14 days of delivery (which you have done already as long as you emailed them rather than phoning them).

They then have to refund you within 14 days of you proving you have sent the item back or them receiving it, whichever is sooner.

And yes, the information which supplied is correct, you have 14 days after cancellation to send them back. You only need to have posted them within 14 days though, they don't have to arrive with the seller in that time.

All of this is assuming they gave you the information they are legally required to give you (including your right to cancel) by durable means. If not, your right to cancel is extended.

wealdroam

I agree with Which? They appear to have interpreted the legislation correctly.

Regulation 35 says:

Return of goods in the event of cancellation
35.

(4) The consumer must send off the goods [...] without undue delay and in any event not later than 14 days after the day on which the consumer informs the trader as required by regulation 32(2).

(Regulation 32 describes how to cancel).

LeedsStudent13

Wouldn't the postal rule apply? therefore meaning that as long as you have posted the goods within the 3 days and have proof of this you should be okay..Sorry if this didst properly answer the question

frugal_mike

LeedsStudent13 wrote: »

Wouldn't the postal rule apply? therefore meaning that as long as you have posted the goods within the 3 days and have proof of this you should be okay..Sorry if this didst properly answer the question

Yes, the refund must be provided once proof of posting is given to the seller. But saying this must be within the next 3 days is not correct so the seller needs to read the legislation again I think.