Distance Selling Regulations and Refunds

vampbear

I have bought several things from various TV shopping channels and online. However, if I return an item if its unsuitable I do not get the original postage charge refunded. I do know that I have to pay to return an item, but paying the postage both ways recently left me over £20 out of pocket on 2 items I returned!

Even if the terms and conditions state that they do not refund the original postage charge, is this still against the Distance Selling Regulations?

Has anybody challenged a company over this? What is the best way of getting a refund?

Thanks.

dmg24

The retailer is allowed to charge for postage.

Why should the retailer be left out of pocket just because you don't like something?

reehsetin

^not under distance selling regs, not the restocking fee anyway postage i'm not 100%!

Poppycat

http://www.opsi.gov.uk/si/si2000/20002334.htm
http://www.webmasterworld.com/forum22/4790.htm

Restoration of goods by consumer after cancellation
17. - (1) This regulation applies where a contract is cancelled under regulation 10 after the consumer has acquired possession of any goods under the contract other than any goods mentioned in regulation 13(1)(b) to (e). (2) The consumer shall be treated as having been under a duty throughout the period prior to cancellation -
(a) to retain possession of the goods, and
(b) to take reasonable care of them.
(3) On cancellation, the consumer shall be under a duty to restore the goods to the supplier in accordance with this regulation, and in the meanwhile to retain possession of the goods and take reasonable care of them.
(4) The consumer shall not be under any duty to deliver the goods except at his own premises and in pursuance of a request in writing, or in another durable medium available and accessible to the consumer, from the supplier and given to the consumer either before, or at the time when, the goods are collected from those premises.
(5) If the consumer -
(a) delivers the goods (whether at his own premises or elsewhere) to any person to whom, under regulation 10(1), a notice of cancellation could have been given; or
(b) sends the goods at his own expense to such a person,
he shall be discharged from any duty to retain possession of the goods or restore them to the supplier.
(6) Where the consumer delivers the goods in accordance with paragraph (5)(a), his obligation to take care of the goods shall cease; and if he sends the goods in accordance with paragraph (5)(b), he shall be under a duty to take reasonable care to see that they are received by the supplier and not damaged in transit, but in other respects his duty to take care of the goods shall cease when he sends them.
(7) Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in paragraph (5), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.
(8) Where -
(a) a term of the contract provides that if the consumer cancels the contract, he must return the goods to the supplier, and
(b) the consumer is not otherwise entitled to reject the goods under the terms of the contract or by virtue of any enactment,
paragraph (7) shall apply as if for the period of 21 days there were substituted the period of 6 months.
(9) Where any security has been provided in relation to the cancelled contract, the duty to restore goods imposed on the consumer by this regulation shall not be enforceable before the supplier has discharged any duty imposed on him by regulation 14(4) to return any property lodged with him as security on cancellation.
(10) Breach of a duty imposed by this regulation on a consumer is actionable as a breach of statutory duty.

Poppycat

You must take care of goods whilst they are in your possession and, if you are returning them, you should take reasonable care to ensure that the trader receives them and that they are not damaged in transit. If the goods are not adequately packaged, are incorrectly addressed or do not carry the correct postage, and become damaged as a result, the trader may have a claim against you. If the contract allows for it, you could make the goods available for collection. The trader may charge you for the cost of collecting the goods, or you may have to pay the return postage yourself, unless the goods were faulty in the first place.

http://www.herefordshire.gov.uk/business/trading_standards/detail.aspx?id=122502&classification=Eng;Cons;Adv;pwc

reehsetin

You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them.

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/cancellation-periods
thats the postage bit

reehsetin

reehsetin wrote: »

for future reference for people
http://66.102.9.104/search?q=cache:c8vsMyPb6eIJ:www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf+distance+selling+regulations&hl=en&ct=clnk&cd=2&gl=uk&client=firefox-a
have a look at s3.33 & 3.35 & 3.48

oh oh s.3.55

agree never ever answer/respond to these calls, the amount off issues that arise is silly

Who pays for returning the goods if the consumer cancels
an order?
3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge

http://forums.moneysavingexpert.com/showthread.html?p=8340031&highlight=distance#post8340031

vampbear

Thanks for the replies so far. But if something doesn't fit etc, then why should I be out of pocket for 2 x postage charges?

I thought the DSR stated that a refund must be in full including the initial postage charge and that a restocking charge cannot be charged.

so the question is, can I claim back the original cost of the company posting the items to me?

Certainly with clothes and shoes you cannot tell until you receive them if they will fit, hence I have paid out £20 with nothing to show for it, so if I can get the £10 back for posting to me then that is something (I know I have to pay the tenner to send the items back).

reehsetin

What specifically do I have to refund to the consumer if
they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or pre-
payment made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract

so only thing you should have to pay or is return postage

derrick

reehsetin wrote: »

so only thing you should have to pay or is return postage

Not if the items did not fit, i.e wrong size, as that would mean they were "not as described", assuming OP ordered correct size in first place.

dmg24

derrick wrote: »

Not if the items did not fit, i.e wrong size, as that would mean they were "not as described", assuming OP ordered correct size in first place.

If the items do not fit it does not mean that they are the wrong size! Every store has different sizings, so it is just unfortunate that they are not the correct sizing for you. It certainly does not mean that they are 'not as described' under SOGA (you would get laughed out of court if you tried to argue that one!).

If an item was truly 'not as described', then it would be e.g. labelled a size 14 and actually a size 18 i.e. a massive difference.

If you don't like it then you should go to stores and try clothing on, or order the correct size!