Returning an item who pays?

Rikki

I need to send an item back as it is faulty. I will send back recorded delivery but who pays?

I know the buyer refunds the item cost but what else?

soolin

It depends on the seller, a good one will pay return postage as well but most don't.

ArmitageShanks

If its faulty or the wrong item was sent, the seller. Only expect payment was they have received the goods.

Any other reason the buyer.

richto

ArmitageShanks wrote: »

If its faulty or the wrong item was sent, the seller.

Not unless their T&C says they will pay for it.

Many sellers specifically require the buyer to pay for all returns whatever the reason. And do so is quite legitimate - if you are not happy with the goods it is usually your responsibility to return them.

putbinoot

should a seller pay for returning faulty goods.

It's not a case of should - it's more of a must. The distance selling regs specifically state that the seller cannot impose costs for an item being returned in accordance with the regulations. Most companies will send a pre-paid envelope.

The following is an extract from teh OFTs guide to businesses on distance selling:

Q. 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 prepayment

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.

That is to do with cancellation. The next bit is more relevant:

Return of goods following cancellation (Regulation 17)
Who pays for returning the goods if the consumer cancels
an order?

3.57

If the goods are faulty or do not comply with the contract, you will

have to pay for their return whatever the circumstances.

After the deadline for cancellation has passed, a consumer

claims that goods are faulty or services do not conform to
the contract. Do I have to refund the consumer’s money?
3.67

In general the DSRs do not affect the consumer’s rights under other

legislation, for example the Sale of Goods Act 1979 or the Supply

of Goods and Services Act 1982. If the goods or services do not

conform to the contract and consumers exercise their rights to reject
them, you will have to refund their money.
3.68

If goods develop a fault within the first six months of being sold,

the law presumes that the fault was there when you sold the goods –

unless you can show otherwise. You should not charge return costs

for goods that have been rejected because they are faulty.

The above is from teh OFT guide here http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf

I would contact the seller again, with this paragraph:

I wish to draw your attention to r.14(6) of the Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) Which specifically states that, where goods are returned as a right due to a breach of a term imlpied by statute (specifically s. 14 of the Sale of Goods Act 1979), the rights, given by r. 14(5), of a seller (yourselves) to require the buyer (myself) to bear the cost of a return is disapplied.

As such, the cost of bearing the return lies with yourselves. I therefore expect that you will full fill your contractual and statutory obligation to refund my full costs including postage"

copied from the consumer action group forum.

richto

The first half of your post is irrelevant as it refers to the original delivery charges, not to return costs.

The second half just says that you cant charge them a handling fee for returning a faulty item e.g. a restocking fee. It says nothing about covering their return P&P costs.

If you read the DSR it specifically says that you can require buyers to bear the cost of returns provided that you state this up front.

And that indeed is also Paypal's policy as you will find out if you ever raise a dispute.

ArmitageShanks

richto wrote: »

Not unless their T&C says they will pay for it.

Many sellers specifically require the buyer to pay for all returns whatever the reason. And do so is quite legitimate - if you are not happy with the goods it is usually your responsibility to return them.

tbh I don't know the rules, but thats our policy and most businesses who want a smidgen of customer retention would do similar.

richto

Customer retention is not really a consideration unless you have a LOT of faulty items!

The vast majority of Powersellers (and Paypal) require the buyer to cover the cost of returning faulty goods.

pdel61

This is covered by section 48b of SOGA (Sales of Goods Act) which specifically states that if an item is faulty and the supplier wishes to have the faulty item back they must pay for its return.

Sellers can put whatever they like in their T&Cs but it can not override peoples statutory rights.

All of the above assumes you are dealing with a business.

Hintza

My rules are if I am fault or item is at fault I pay (as the seller).

If buyer is at fault they pay.

If a seller refuses to cover them as detailed above then at the very least they will be negged.

The one problem I have on Amazon is I can only return what they have paid and the balance as a bank transfer this can get a little messy sometimes.

RFW

pdel61 wrote: »

This is covered by section 48b of SOGA (Sales of Goods Act) which specifically states that if an item is faulty and the supplier wishes to have the faulty item back they must pay for its return.

Sellers can put whatever they like in their T&Cs but it can not override peoples statutory rights.

All of the above assumes you are dealing with a business.

Just what I was going to put.

If it was a buy it now you have more cover than an auction (but if item was not as described it doesn't make a difference).

If a private seller it is trickier to get the money out of them. An overseas seller (I assume this one isn't) is also trickier.

If you take it through trading standards (if you are dealing with a business seller and you didn't purchase as a business) they can force the seller to pay for the return.

Terms & conditions are not valid if the law says something else. Plenty of sellers still have "we will not be held responsible if item gets lost in the post", but they most certainly are responsible.

If you purchase a faulty item and it is supposed to be new, the seller needs to leave you in a position you were before you purchased the item, ie not out of pocket for something that wasn't your fault, it is common sense.