Distance selling, and returning goods

[ratlover]

Hi,

 

I have this morning received goods from an online retailer and they have arrived thus.

 

One item is broken.

The other item has been replaced with an inferior quality product without them contacting me for my approval to do so.

 

I have emailed them to ask for them to pick them all up and refund me.

 

Now, is it within my right to demand that they pick up the items at their cost, or is it down to me to incur further postage costs to sent it back?

 

Thankyou

[tinyfin]

Hi!

 

I am happy to confirm that as per the Distance Selling Regulations your only responsibility is to immediately notify them of the goods being damaged / incorrect and then to "restore" them to the supplier.

 

"Restoring" is a messy word but it means you have to keep them in good condition and available to the supplier. You do not have to send them , if they want them back they have to get them back! They might ask you to send them to them, if you do keep a copy of this request and ensure the request confirms you will be refunded the cost.

 

Hope that helps!

 

Fin

 

source: Distance Selling (Mail Order, Telephone and Internet Shopping) Fact Sheet - BIS department for Business Innovation & Skills

 

 

 

[ratlover]

Great!

 

Thanks for that tinyfin .

[Conniff]

That's incorrect tf.

 

You have a right to reject by giving them notificatin in writing within 7 'working' days, starting the day after you receive them, that you wish to reject the goods. Under DSR you can do this for any reason, ie; wrong colour etc; Who pays the postage for return depends on their terms and conditions.

Where they explain the DSR (if they haven't they are breaking the law) they must tell you who is responsible for the return postage cost. They can pay for them or they can say you have to pay for the return. If there is nothing, then they pay for the return.

 

In the case of damaged or wrong goods, (your problem), you should notify them and you can either send them back at your cost, or ask them to arrange collection, but they 'must' reimburse you that return postage cost as well as the purchase price and the delivery cost (if there was any). They have 30 days in which to refund you all the cost.

 

Just to add. The refund countdown begins with the time you sent them the letter/email and not from the time they pick up or receive the goods.

Edited July 18, 2009 by Conniff

[tinyfin]

Oh ok, i just took it litterally of the government website as quoted. I would imaging what you have described is the best practice method from the OFT which has been drawn up based on the legislation.

 

Either way its good news for ratlover!

[gyzmo]

With regards to who pays,

 

If it is returned due to a breach of contract / rights (including implied terms), then the seller pays. They cannot contract otherwise, and any term that says so is ineffective. They must refund postage if they do not pay for it initially.

 

Where it is due to a right to return but there being no breach (i.e, returned under the "cooling off" period), then it is the responsibility of the seller to pay postage unless the contract says otherwise.

 

As connif said, the countdown begins from the day the notice of cancellation is received, and the seller cannot insist on the goods being received before the refund is made.

[ratlover]

First, a big thankyou everyone who has replied

 

I have (I hope) one more question...

 

The retailer has agreed to arrange for collection on Wednesday 21-07-2009, now what are my rights regarding making sure I get some sort of receipt or proof of sending back?

 

What do I need to look out for from courier?

Will the courier give me some paperwork, or will I have to insist on some kind of receipt?

 

I ask, because when I was younger and a lot more naive a courier returned to pick up something I'd bought mail order, but I didn't get anything to prove I had returned the item. To cut a long story short, even with the help of the CAB I was unable to get either my money or item back!

 

Thanks again.

[gyzmo]

Any decent courier should leave some docket to say it has been picked up. In any case, the seller is responsible for it's return. Once you have given it to them, it is out of your hands. You could always make a note of the drivers name, their description, vehice reg etc etc.

 

Like I said earlier, the seller cannot insist on the goods being received before giving a refund. If something did go wrong, they would have to reimburse you and then if they wanted take separate action.

 

Not that they'd have much chance in succeeding.

[Conniff]

If he doesn't offer you a receipt then you can get him to sign, print his name and company details on one you have prepared.

 

It would be a good idea to have one ready.

[ratlover]

Just a quick update...

 

Courier picked up this morning 09:30:), great no waiting around for them.

 

Before I handed the parcel over I asked if I would get any paperwork or receipt and he said he could give me a receipt, so off he pops back to the van.

 

He comes back saying he hasn't got any but have I got a piece of paper?. I said "Here's somthing I prepared earlier", explaining I had been shafted before not having proof of returning goods.

 

So I had knocked up (as suggested) a simple form stating...

 

This document hereby confirms that on the 22-07-2009:

 

COMPANY NAME:...........................................................

 

COURIERS NAME:..........................................................

 

TIME OF COLLECTION:...................................................

 

COURIERS VAN REGISTATION:.......................................

 

 

COURIERS SIGNATURE:...................................................

 

 

Collected a parcel for return to:

 

(Return address removed)

I had already got my digital camera ready, as I even thought about asking my Son to video the exchange!

 

I checked the bank this morning however, and still no refund. Anyway they have 25 days left to comply with the regulations.

 

It's great that we have forums like this where we can exchange experiences and help, and I hope that maybe one day this thread will provide good reference for someone else who needs a little help.

 

 

Thank's for reading.

[Conniff]

and I hope that maybe one day this thread will provide good reference for someone else who needs a little help.

 

That is why we like to know the outcome, so others can learn from these experiences.

[ratlover]

Just a quick update.

 

Still no refund.

 

Amazing how quick they can take your money, isn't it?

If I do get the refund, I bet they hold off until the very last minute of the 30th day.

[ratlover]

SUCCESS!

 

Well I checked the bank today, and it looks like my dispute has successfully ended and the retailer has refunded my money

 

Once again thankyou to all that helped answer my questions and arm me with the ins and outs of distance selling law.