Treadmill - Distance Selling Regulations Query

freeze

Hi all, 

Apologies for the length of the post but I thought as much detail as possible in the initial post would be best. 

I recently bought a treadmill online that I'm looking to return as the size of the unit isn't going to work for my home as originally thought. Also the treadmill (foldable) cannot be stored vertically, only flat unlike other similar models I had seen. 

Slightly annoying as this will probably set me back about £20-40 in shipping fees to return but it is what it is. 

Looking at the returns policy the company has the following text, the second paragraph of which seems to contradict the first somewhat:

"If you wish to cancel an order you must let us know in writing within 14 days of placing your order. You may cancel your order for a full refund prior to your order being shipped. If you cancel your order after it has been shipped, you are responsible for any return freight charges incurred by #company name#. You will also be charged a 30% re-stocking fee if you cancel your order after a period of 14 days. Any unpaid freight charges will be deducted from your refund. We advise you to check the status of your order before you cancel. 

Under Distance Selling Regulations you have the right to cancel your order for a full refund up to 14 days after receiving the goods. However, the goods must be in an unused condition and all packaging must be intact. In this instance you will be liable for all delivery charges incurred by #company name#." 

I had always thought that under Distance Selling Regulations the product could be "used" in a reasonable manner. I.e trying clothes on for size and suitability would be reasonable but wearing them on a night out and wanting to return them would not be. 

Similarly with a piece of gym equipment wanting to try it out as you would in a shop, to see feedback etc would be reasonable. In this case walking on the treadmill in socks for 20 minutes. However, using the treadmill every day for an hour wearing shoes, for 13 days to then want to return it, not reasonable. Would that be a fair analysis? 

I only ask because the immediate response I have got to requesting a refund is: 

"What is the reason for return also has the goods been used and is it back in its original packaging?" 

I was under the impression with the Distance Selling Regulations you don't "need" to have or provide a reason? Also, any goods purchased can have been used in a reasonable manner? 

• What did you buy?   Flow Fitness 100i Walking Pad (Treadmill). 
• When did you buy it?  30th June. 
• Where from?   Internet. 
• How did you pay?   Deposit paid on credit card using Klarna followed by 12 monthly payments 0% interest. 
• What went wrong?   Item doesn't store vertically as assumed, takes up too much floor space. 
• What are the vendors telling you?  As of 15th July their position is as follows:  "I have looked into your purchase. You bought that treadmill through Klarna finance so there is nothing we can do from our side. The sale is between you and Klarna and has nothing to do with Fix A Gym Group (Fitness Equipment NI). You will need to take any queries you have up with Klarna now. Any questions please do not hesiate to ask. Kind Regards
• What solution or remedy are you looking for?   Refund. 
• Item purchased:  30th June 
• Item received:  3rd July 
• Return requested:  13th July 

Apologies for the long story but this particular item was quite expensive and I immediately feel and am slightly afraid that they are now going to be difficult and/or will try to charge me the 30% fee mentioned in their returns policy. I can link the company's website if needed, wasn't sure if that was wise or not. 

Thanks for any help/opinions! 

elsien

It's now the consumer contracts regulations, not the DSR.
Is the information you need in here?
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations
FWIW I don't think they could charge the fee even before the legislation changed. 

elsien

You may also find this guide for sellers interesting as it addresses the points you have raised.
https://andrewminalto.com/consumer-contracts-regulations/

freeze

elsien said:

You may also find this guide for sellers interesting as it addresses the points you have raised.
https://andrewminalto.com/consumer-contracts-regulations/

Thanks elsien, I'll have a read 

the_lunatic_is_in_my_head

They can't charge a restocking fee. You have 14 days beginning the day after delivery to cancel the contract.

They can make a deduction for diminished value if your handling goes beyond what may be possible in a shop but they have to provide you with the required information.

Given the copy and paste above they don't appear to have done that, in which case a full refund should be made, including outward postage.

If the treadmill can't be returned by "post" they should advise you of the costs of return as part of the required information and if they haven't they should also cover the return costs. 

Jack_Cork

They way I understand it is that you can only inspect goods at home the same as you would in a shop. I dont think you'd try out a tread mill in Argos for 20 minutes, even in your socks.

eddddy

freeze said:

I only ask because the immediate response I have got to requesting a refund is: 

"What is the reason for return also has the goods been used and is it back in its original packaging?" 

I was under the impression with the Distance Selling Regulations you don't "need" to have or provide a reason? 

From what you say, the reason is that you are returning it is that you are within the statutory 14 day cancellation period.

I guess they are asking this in case you're returning because it was broken, bits were missing, it was not as described etc.

And maybe you add that you removed it from its packaging to inspect it, and have put it back in it's packaging (if that's the case).

the_lunatic_is_in_my_head

Jack_Cork said:

They way I understand it is that you can only inspect goods at home the same as you would in a shop. I dont think you'd try out a tread mill in Argos for 20 minutes, even in your socks.

You can smash the goods up with a hammer if you wish but the retailer has the option to make a deduction for any diminished value.

In order to have that privilege the retailer is required to provide the correct information regarding "the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2." 

The part the OP has in bold is incorrect for several reasons, it's 14 days beginning the day after delivery, stating the items must be unused and the packaging intact in order to qualify for the right to cancel is incorrect, the bit about delivery charges is ambiguous but "be liable for all delivery charges incurred" reads to me as if they want the buyer to be responsible for the delivery charges both ways and of course the Distance Selling Regulations were replaced by the current regs. 

If I was the OP I would answer their question honestly and see if they paint themselves into a corner by advising the OP can't cancel their contract. 

Manxman_in_exile

This thread may be of interest:

https://forums.moneysavingexpert.com/discussion/comment/77089661#Comment_77089661

The supplier's T&Cs said that if the rowing m/c had "been used or opened" (which we had - but it had been tried out for no more than five minutes) they would only refund a maximum of 80% of the purchase price.  My wife queried that with them and they backtracked immediately, saying that they would pay a full refund and return carriage.  Note: we had opened it and we had tried it out - but for no more than five minutes.

Fortunately we had kept the packaging but it took us between two and three hours to disassemble and re-pack it.

As a rower, my wife was of the opinion it was not fit for purpose, but for me, as a non-rower, it was a straightforward change of mind.  I'm not sure how the supplier viewed it, but we got a full refund and return carriage paid.

freeze

the_lunatic_is_in_my_head said:

They can't charge a restocking fee. You have 14 days beginning the day after delivery to cancel the contract.

They can make a deduction for diminished value if your handling goes beyond what may be possible in a shop but they have to provide you with the required information.

Given the copy and paste above they don't appear to have done that, in which case a full refund should be made, including outward postage.

If the treadmill can't be returned by "post" they should advise you of the costs of return as part of the required information and if they haven't they should also cover the return costs. 

Thanks! Yes their returns policy seems to be two different policies that have contradictions, presented as one policy. 

In terms of diminished value can you elaborate on what information they should have provided? 

Yes their return policy states I'm liable for all return costs but they have not advised what the costs would be on their site... so on those grounds they'd be liable for my costs to return the item? 

freeze

eddddy said:

freeze said:

I only ask because the immediate response I have got to requesting a refund is: 

"What is the reason for return also has the goods been used and is it back in its original packaging?" 

I was under the impression with the Distance Selling Regulations you don't "need" to have or provide a reason? 

From what you say, the reason is that you are returning it is that you are within the statutory 14 day cancellation period.

I guess they are asking this in case you're returning because it was broken, bits were missing, it was not as described etc.

And maybe you add that you removed it from its packaging to inspect it, and have put it back in it's packaging (if that's the case).

That's basically the main thrust of why I'm returning it. 

There was nothing broken that caught my eye, more it didn't seem to work as smoothly (app etc). 

Yes it was unpacked and tested, then repackaged as was. Which I'm hoping most would think is reasonable?