Anyone know consumer law 7 day rule etc?

questforquiet

questforquiet

questforquiet

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Joined
10 Nov 2007
Posts
211
Hi,
I ordered some goods from another shop last week
But decided to cancel the order. However the company said i was too late to cancel as they had already been shipped. So i said i would just refuse delivery. However no delivery attempt was made

So i just assumed the company called the goods back before a delivery was made. Anyway today i have been refunded for my order but the company have charged me £21.70 Never had this happen before can they do this? My original delivery charge was £7.60

Thanks
 
What have they charged you for? They should at least tell you. If you paid by CC I'd be tempted to dispute it if the company can't refund or explain themselves. Ultimately they've charged you and you haven't recieved anything.
 
Under the DSR rules you can return the product for a full refund including the postage they charged you (however if their T&Cs state no postage refund that is allowed I believe) as long as you notify them within 7 days from the day after you receive the goods (Im fairly certain you then have upto 30 days to physically return the items).

They cannot charge you for this return.

• Consumers have a cooling off period in which they can withdraw from the contract for any reason. The cooling off period begins as soon as the order has been made. In the case of goods, it ends seven working days after the day of receipt of the goods. In the case of services, it ends seven working days after the day the order were made. If the consumer agrees to the service beginning within the seven days, the right to cancel ends when the service starts; and

• Where consumers notify the supplier in writing or another durable medium that they wish to cancel the contract, they must be refunded within 30 days all money paid.

The Regulations do not apply to:

• business-to-business contracts

• financial services sold at distance. These are covered by the Financial Services (Distance Marketing) Regulations.

• contracts for the sale of land – although the regulations DO apply to consumer rental agreements

• products bought from vending machines

• goods or services bought at an auction with an auctioneer
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Restocking fees are not legitimate. After the 7 days of the distance selling rules have expired they could charge those, but not during.

Many companies try to screw you out of your rights because there is no disadvantage to them if you eventually do get what's right to happen.

I've got a similar dispute on at the moment, which has gone all the way to a Paypal dispute with an OcUK competitor. It seems they're just utterly inept though.

They're now claiming to have delivered the item, which I refused, and are quoting the Parcelforce tracking number which clearly shows I have refused it.
 
pepp77 said:
Under the DSR rules you can return the product for a full refund including the postage they charged you (however if their T&Cs state no postage refund that is allowed I believe) as long as you notify them within 7 days from the day after you receive the goods (Im fairly certain you then have upto 30 days to physically return the items).

They cannot charge you for this return.
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Are you a little confused about postage? I thought they could state in their T&C that you were liable for return postage, and that would absolve them of that cost... but they did have to refund the original postage cost? That's how I understand it to be.
 
The Halk said:
Are you a little confused about postage? I thought they could state in their T&C that you were liable for return postage, and that would absolve them of that cost... but they did have to refund the original postage cost? That's how I understand it to be.
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Think you might be right and I may have misunderstood that part.

Recovery of money paid by consumer
On the cancellation of a contract, any sum paid by the consumer must be repaid as soon as possible and, in any case, within thirty days of cancellation. The full price paid for the goods including the cost of delivery must therefore be refunded. A supplier may (except where goods are returned because they are faulty) impose a reasonable charge to cover postage costs incurred by the supplier where it bears the cost of the consumer returning the goods provided this is clear in the contract and the consumer gets notice of this in advance as part of the written confirmation relating to the right to cancel.
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Taken from - http://www.netlawman.co.uk/info/distance-selling-regulations.php
 
Thanks for the replies guys. For the record i never even refused delivery. Now my credit card was billed by "Tonik Limited" And their T&C do not state any charges for returned goods etc

However the website i went via was carouselmedia has this in their T&C

Where goods have already been despatched in good faith by Carousel prior to mutually agreed cancellation, the buyer shall return all items to Carousel in prime condition before any refund can be given. The buyer shall return all items at their expense, or meet the cost of Carousel arranging their return"

So basically i have been charged £21.70 for delivery/return, tho as i say i never even got the chance to refuse delivery. So i am screwed then? I wouldn't mind i phoned up to cancel and the guy never even mentioned any charges
 
It's difficult to say. By saying you would refuse delivery you might be considered to have accepted their costs for returning the item, and it's questionable if that is £21.70.

I'm in a different position as I 4 times told them to cancel days before they sent the items.

If the £21.70 includes the original delivery charge then that's wrong. I would imagine it's not impossible that the delivery company could charge the retailer for returning an item to them if delivery is refused? In that case it would be "the cost of Carousel arranging their return" as per the T&C.

However just because it's in the T&C doesn't mean it complies with distance selling rules.
 
Even the term 'in prime condition' is not right!

Since you have never even taken delivery, nor have they picked them up, they cannot do this. Anyway, delivery companies build in the cost of a returned delivery into their prices. They automatically return to sender and it costs nothing. Rign them up, tell them they are in breach of the DSR and tell them you will be ringing trading standards if it is not resolved. Do not take no for an answer.
 
Most places have to return to sender FOC if the item is undeliverable iirc i.e 3 unseccessfull delivery attempts.
 
Phoned up Mastercard about this and i told them Tonik billed me but i bought via another website. I explained Tonik doesn't mention any charges in their T&C but the other site does. Anyway the guy at Mastercard told me if Tonik billed me then my contact is with them and to only print of the Tonik T&C for any claim. So looks like Mastercard would back my claim...
 
The way it works with credit card companies is that they are jointly liable. However they'll make you try and resolve it with the retailer first of all. It also wouldn't be mastercard you speak to, rather than them it'd be the service provider.

It's really good news that delivery companies build returns into their pricing. That means you can tell them to refund as they haven't paid for return delivery. If they've paid for delivery then it doesn't matter at all, they still need to refund.
 
With royal mail, I get a free return with every parcel I sent. Thats why return to sender is free when written onto the package.
 
The Halk said:
The way it works with credit card companies is that they are jointly liable. However they'll make you try and resolve it with the retailer first of all. It also wouldn't be mastercard you speak to, rather than them it'd be the service provider.

It's really good news that delivery companies build returns into their pricing. That means you can tell them to refund as they haven't paid for return delivery. If they've paid for delivery then it doesn't matter at all, they still need to refund.
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First many thanks for all the replies really appreciate it. So basically my original order cost £81.79 (postage £7.60) So i really should expect £74.19 refunded?
 
hrmm i wouldve told the cc company it was a fraudulent transaction and had no idea what it was. You get your money back straightaway and they do their own fraud investigation.

job done.
 
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