Mattress Return Distance Selling Regulations
allstar4eva
Posts: 206 Forumite
I have a mattress purchased and the supplier refuses to refund me the money under DSR until I return the mattress. I understand that the supplier should refund the money before the goods are returned. Is this correct? Also the seller did not state in their Ts & Cs that the buyer should return items at their own expense.
I have looked at DRSs...
They state the following yet the retailer does not want to refund my money until I at my cost return the item to the factory for "inspection"!!! I refuse to do this as once it leaves my possession in perfect condition I have no idea what they might find wrong with it.
They refuse to follow clear guidelines saying they want the mattress delivered back to them first.
I have looked at DRSs...
They state the following yet the retailer does not want to refund my money until I at my cost return the item to the factory for "inspection"!!! I refuse to do this as once it leaves my possession in perfect condition I have no idea what they might find wrong with it.
They refuse to follow clear guidelines saying they want the mattress delivered back to them first.
Refunds
The retailer must refund the full amount including the delivery
costs as soon as possible after the consumer cancels, and in
any case within 30 days at the latest. You cannot insist on the
goods being received by you before you make a refund.
costs as soon as possible after the consumer cancels, and in
any case within 30 days at the latest. You cannot insist on the
goods being received by you before you make a refund.
Returning goods
Only if it is covered in the contract and the written information
can you require the consumer to pay for the cost of returning
the ordered goods. 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.
If you do not include these details in the required written
information then you cannot charge anything. You can never
require consumers to pay the cost of returning substitute
goods. If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances.can you require the consumer to pay for the cost of returning
the ordered goods. 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.
If you do not include these details in the required written
information then you cannot charge anything. You can never
require consumers to pay the cost of returning substitute
goods. If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
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Comments
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Just to add - The key issues here are:
1) The seller demands that I return the item before a refund is paid.
2) The seller refuses to collect the item despite not making it explicitly clear in their Terms and Conditions that the buyer is responsible for the return of items.
It is also woth noting that the seller tried hard to encourage me to sleep on the item for a few nights knowing full well that this would have meant that I could not return it under DSRs.0 -
allstar4eva wrote: »Just to add - The key issues here are:
1) The seller demands that I return the item before a refund is paid.
2) The seller refuses to collect the item despite not making it explicitly clear in their Terms and Conditions that the buyer is responsible for the return of items.
It is also woth noting that the buyer tried hard to encourage me to sleep on the item for a few nights knowing full well that this would have meant that I could not return it under DSRs.
1) As you seem to have found, they cannot do this, however they dont have to refund it before you return it..... The refund and return should begin simultaneously ie you should return it now, whilst he should refund you now.
2) You are also correct on this point, if they did not mention this, they cannot enforce it and they are liable.
Id send them an email stating they are clearly in breach of the Consumer Protection (distance selling) Act 2000 which is of course a criminal offence. Id also provide relevant links to the Act on legislation.gov and the OFT's guide for businesses on DSR's.
State that you would like you FULL refund and their arrangements for collection to begin within 7 days. If this is not done, say that you will begin a claim at the small claims court for the full amount and costs involved as the law is hardly ambiguous and is clearly on your side.Back by no demand whatsoever.0 -
I trust you mean the seller. Who is the selller?allstar4eva wrote: »It is also woth noting that the buyer tried hard to encourage me to sleep on the item for a few nights knowing full well that this would have meant that I could not return it under DSRs.0 -
Yes - sorry I meant the seller.0
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Legally is it ok to say who they are?0
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Absolutely. We here to help so any extra info is always welcome.0
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B-e-d-l-u-m beds0
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It's pretty clear that their T&Cs would contravene the DSRs, particurlarly their mention of deducting delivery charges and charging admin fees. To help you should read the following: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
You need to remind them they have 30 days to fully refund you and this right is unconditional of them recieving the goods back.
When do I have to refund a consumer’s money if they cancel an order?
3.46 As soon as possible after the consumer cancels, and in any casewithin 30 days at the latest. You must refund the consumer’s money even if you have not yet collected the goods or had them returned to you by the consumer. You cannot insist on the goods being receivedby you before you make a refund. See also paragraph 3.64.0 -
Thanks very much for your help - it confirms what I thought.
The owner - Tim Deegan is very active on these pages.0 -
My experiences of Tim on this site have been fairly positive. I would have thought he'd know better.allstar4eva wrote: »Thanks very much for your help - it confirms what I thought.
The owner - Tim Deegan is very active on these pages.0
This discussion has been closed.
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