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Online returns....rights?

Discussion in 'General Discussion' started by Reality Bites, 8 Jun 2006.

  1. Reality Bites

    Soldato

    Joined: 28 Jul 2003

    Posts: 5,686

    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?
     
  2. Phil99

    Capodecina

    Joined: 29 Oct 2004

    Posts: 10,900

    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

    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: 8 Jun 2006
  3. Reality Bites

    Soldato

    Joined: 28 Jul 2003

    Posts: 5,686

    Location: South Wales

    althought i've opened the box....the terms and conditions on the site do not mention restocking fees at all....
     
  4. Retorted

    Hitman

    Joined: 9 Mar 2005

    Posts: 536

    Location: South Wales

    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.
     
  5. Sputnik II

    Mobster

    Joined: 5 Nov 2004

    Posts: 2,547

    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.
     
  6. Reality Bites

    Soldato

    Joined: 28 Jul 2003

    Posts: 5,686

    Location: South Wales

    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.
     
  7. Sequoia

    Wise Guy

    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.
     
  8. Reality Bites

    Soldato

    Joined: 28 Jul 2003

    Posts: 5,686

    Location: South Wales

    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.
     
  9. Sequoia

    Wise Guy

    Joined: 15 Aug 2005

    Posts: 2,948

    As long as there was no "pictures are illustrative and details may vary" type of disclaimer. That is certainly not uncommon.
     
  10. Reality Bites

    Soldato

    Joined: 28 Jul 2003

    Posts: 5,686

    Location: South Wales


    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