Shop Direct - Distance Selling Regs non compliance

[yellowplum]

I just wanted to find out if anyone else experiences this issue I filled with the OFT and Trading Standards on Friday.

 

It seems Littlewoods do not refund the postage charge if you reject the goods within the 7 days period under DSR and that they only refund the charge if you find that the goods are faulty.

 

I telephoned to see why they don't comply, as per usual you deal with some call centre monkey.

 

Nevertheless I can only image the quantity of items rejected by people and postage being non refunded must be making Shop Direct a fortune.

 

I will write to them giving them the opportunity to refund the charge to me, since I have paid it to avoid any adverse credit status. Although I don't hold much hope that they will reply or refund the charge.

[Annoying Twit]

I don't know the answer. Without having the same problem myself, I started a thread asking about this. But apart from everyone knowing what the OFT guidance is, nobody knew what would happen if you were to complain about this.

 

Over on the uk business forum, if you search, you'll find that many business people don't know what the true situation is. And some know that they have non-compliant T&Cs, but don't care.

 

All I can say is; can you please keep us updated concerning how your complaint goes?

 

One thing though, a complaint by telephone is one thing. But what happens if you send a written complaint to Littlewoods head office?

[kiptower]

unless the goods are wrong item or faulty they dont have to pay for the return of something , if you dont like or changed your mind, some companys made offer free collection regardless, however its not a part of the DSR , covering unwanted goods

[Annoying Twit]

unless the goods are wrong item or faulty they dont have to pay for the return of something , if you dont like or changed your mind, some companys made offer free collection regardless, however its not a part of the DSR , covering unwanted goods

 

There appears to be a misunderstanding here. I think the OP is saying that littlewoods is not refunding the orginal p&p when the goods were sent from littlewoods to the OP.

 

Under the Distance Selling Regulations, you have a seven day cooling off period. If you decide that you don't want the goods, then you can return them. The company that sold you the goods must refund all costs relating to the initial purchase including postage and packing costs. However, providing that the internet retailer puts this in their T&Cs, the customer has to pay for return postage. If this isn't put in the T&Cs, then the retailer is responsible for collecting the goods, return postage where necessary.

 

There are an awful lot of misunderstanding concerning the DSRs out there. The vast majority of consumers don't understand the law. This means that many retailers don't live up to their obligations under the law, either knowingly or unknowingly, and get away with it.

 

That's why I'm so interested in the case in question. I want to know what's going to happen when someone calls the retailers on it.

 

kiptower: I recommend that you read the document linked to from this page: The Office of Fair Trading: Distance Selling Regulations

[yellowplum]

unless the goods are wrong item or faulty they dont have to pay for the return of something , if you dont like or changed your mind, some companys made offer free collection regardless, however its not a part of the DSR , covering unwanted goods

 

Yup it's about the postage of £3.95 that they levy on every order that they send to you. It is NOT about the return postage, as littlewoods like next et al operate a collection service.

[kiptower]

lets clear this up,

 

under the DSR a company does not have to refund the original postage nor the return postage if you dont want/like the product

 

however if the goods are faulty / not as ordered / not as described then they are libel for all postage,

 

some Companies may offer free delivery or to collect for free, but they dont have to because you dont like something

 

if you read many websites and tv ad's ( which is correct under the DSR ) they will state you have 7 / 14 / 28 days etc to return the item if you dont like it, and the original purchase price will refunded in full, some people confuse this in thinking it includes the postage cost , unless stated it does not

Edited July 26, 2009 by kiptower

[yellowplum]

A letter is off to Head Office - we will see the outcome, however as you have noted that a lot of people don't know about the rules (even when I was looking at something on Richer Sounds website the other day - they had nothing about Distance Selling Regs. Just shows you that they are either oblivious to the regulations, or just plainly ignore them from choice.

 

However, I am still waiting for acknowledgement from the OFT (who are one part of the enforcement proceedings) to acknowledge the complaint. Trading standards merely took details an will take appropriate action (which is probably nothing).

[yellowplum]

lets clear this up,

 

under the DSR a company does not have to refund the original postage nor the return postage if you dont want/like the product

 

however if the goods are faulty / not as ordered / not as described then they are libel for all postage,

 

some Companies may offer free delivery to collect for free, but they dont have to because you dont like something

 

if you read many websites and tv ad's ( which is correct under the DSR ) they will state you have 7 / 14 / 28 days etc to return the item if you dont like it, and the original purchase price will refunded in full, some people confuse this in thinking it includes the postage cost , unless stated it does not

 

Wrong, original postage and all associated charges have to be refunded. I suggest you read the guidance from the http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf Page 25 S.3.48

[kiptower]

wont argue with you ,

 

however , read the DSR again

[Annoying Twit]

lets clear this up,

 

under the DSR a company does not have to refund the original postage nor the return postage if you dont want/like the product

 

Wrong. Please go read the OFT guidance on the distance selling regulations as linked above. It is very clear that the original postage has to be refunded.

 

Edit: Since you seem to be still disputing this, I quote the relevant section.

 

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.

Edited July 26, 2009 by Annoying Twit

[gyzmo]

And just to add, from the Regs themselves:

 

(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

 

Para 5 explains the provisions for cost of return.

 

Please now cease any debate as to whether the cost of initial postage is covered or not. It is covered.

[gyzmo]

Just to the OP. This seems to be a common problem with many mail order catalogues. A friend of mine worked for one and they refused to reimburse postage on the basis that it is a service.

 

When the DSRs came into effect, a few businesses tried it on by making the contract to be one of service (delivering goods), thereby wrangling out of the cancellation provisions. The OFT soon made it clear that it was not acceptable to do this.

 

And there is no contracting out of the provisions. Any term taht purports to do so is ineffective.