Online returns....rights?

Soldato
Joined
28 Jul 2003
Posts
5,801
Location
South Wales
What are the guidelines for the distance selling thing again?

I've ordered an AV rack which i've had delivered. i put the frame up to find that it's way too big for our lounge.

It's not been used and i've only taken it out of the packaging to see how it looks.

There's nothing on the site to say about returns or a restocking charge yet they want a minimum of 15% to restock it!

i thought i had 7 days in which i could return it for a full refund?
 
Soldato
Joined
29 Oct 2004
Posts
10,884
7 days as long as it's in as-new condition...I'm really not sure if that includes packaging seals in-tact though.

http://www.oft.gov.uk/Business/Legal/DSR/distance+selling+regs+cancellation+periods.htm

http://www.oft.gov.uk/Consumer/Your+Rights+When+Shopping+From+Home/shopping+from+home+cancelling.htm

When you can't cancel

Please note that there are circumstances when you cannot cancel unless the trader has given you a specific contractual right to do so
  • you have opened sealed audio or video recordings, or computer software

As this only mentions the seal on these items I'd be inclined to believe it doesn't count for other items...I'm not 100% on that though.
 
Last edited:
Associate
Joined
9 Mar 2005
Posts
533
Location
South Wales
Phil99 said:
7 days as long as it's in as-new condition...I'm really not sure if that includes packaging seals in-tact though.
It'll probably differ from each store to the next.

The 7 days after recieving the item is called the "cooling off period". It allows the customer to cancel the sales contract within 7 days.
 
Soldato
Joined
5 Nov 2004
Posts
2,546
You can return it for whatever reason you like within the cooling off period. They are only have to return the price that you paid for the item, any postage or shipping is down to you.
 
Soldato
OP
Joined
28 Jul 2003
Posts
5,801
Location
South Wales
Sputnik II said:
You can return it for whatever reason you like within the cooling off period. They are only have to return the price that you paid for the item, any postage or shipping is down to you.

i thought this was the case too. i'm returning it in 'as new' condition. Also on their site it doesn't mention any restocking fees.
 
Wise Guy
Permabanned
Joined
15 Aug 2005
Posts
2,948
Providing the goods are covered by the Distance Selling Regs, and providing you comply with the requirements of the DSR, they must NOT charge you a restocking fee. They will be committing an offence if they try.

The ONLY deduction they can legally make is the cost of collecting the goods from you, and that means the ACTUAL cost not a general charge, and only that if their T&C's make it clear that they do so, and if you don't pay to return the goods to them. You can probably assume that they do indeed make that clear, but it might be worth checking.

The DSR does NOT specify that goods must be unsealed, etc. It just requires you to "take reasonable care of them". This, of course, is deliberately open to interpretation, and will only finally be settled when a court decides that what you did was or was not "reasonable care", and that of course requires that you and the supplier are totally unable to reach a compromise you'll both accept and the matter ends up before a court. That, I would suggest, is best avoided if possible.
 
Soldato
OP
Joined
28 Jul 2003
Posts
5,801
Location
South Wales
Sequoia said:
Providing the goods are covered by the Distance Selling Regs, and providing you comply with the requirements of the DSR, they must NOT charge you a restocking fee. They will be committing an offence if they try.

The ONLY deduction they can legally make is the cost of collecting the goods from you, and that means the ACTUAL cost not a general charge, and only that if their T&C's make it clear that they do so, and if you don't pay to return the goods to them. You can probably assume that they do indeed make that clear, but it might be worth checking.

The DSR does NOT specify that goods must be unsealed, etc. It just requires you to "take reasonable care of them". This, of course, is deliberately open to interpretation, and will only finally be settled when a court decides that what you did was or was not "reasonable care", and that of course requires that you and the supplier are totally unable to reach a compromise you'll both accept and the matter ends up before a court. That, I would suggest, is best avoided if possible.

The sealed packaging issue was my concern....but think i'm ok there.

I've also informed the place that the one i received was not the same as the one pictured. The one pictured on the site has a tinted see through glass, where the one i got was a matt colour which you can not see through.

Technically, they have sent something i didnt order and should be responsible for the collection and a full refund.
 
Wise Guy
Permabanned
Joined
15 Aug 2005
Posts
2,948
Reality Bites said:
.... The one pictured on the site has a tinted see through glass, where the one i got was a matt colour which you can not see through.

Technically, they have sent something i didnt order and should be responsible for the collection and a full refund.
As long as there was no "pictures are illustrative and details may vary" type of disclaimer. That is certainly not uncommon.
 
Soldato
OP
Joined
28 Jul 2003
Posts
5,801
Location
South Wales
Sequoia said:
As long as there was no "pictures are illustrative and details may vary" type of disclaimer. That is certainly not uncommon.


no...isn't any of that.

anyway...been onto trading standards. They have said i'm perfectly within my rights to send it back for a full refund. i pay for the collection though
 
Back
Top Bottom