Distance Selling Regs - Do I have to pay return postage for faulty item?

Makhaira

Makhaira

Makhaira

Soldato
Joined
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Lancashire, UK
I've bought a CD from Amazon via one of their marketplace sellers. The CD is scratched, and one track totally unplayable (the CD was not sealed when sent to me).

I have been offered a refund, but must return the CD at my expense to the seller, so I end up out of pocket - this doesn't feel right in the instance of faulty goods.

Just wondering what DSR mandates in this situation, since I'm not familiar with the regs myself.

Cheers.
 
It depends what the T&Cs of the seller are. But you aren't returning due to DSR, you're returning due to items being not as described, so as far as I'm aware you only need to make the goods available for collection.

http://www.amazon.co.uk/gp/help/cus...653__SECTION_E99D02D4CA7A4F979EFC937C7075895D

Delivery and handling charges for returning unwanted items dispatched by a Seller are usually borne by the buyer. However, if you receive an item that's different to what was described, or is clearly in a worse condition than was indicated (e.g. you've received a used item in circumstances where the item was described as new), please report this to the Seller directly within 14 days of receiving the item, and return the item to the Seller, in the same condition you received it, within 30 days of receiving the item. You can request from the Seller a refund of the item price and the delivery costs (if any) paid by you when ordering the item. You can also request that the Seller reimburse you for the reasonable postage costs paid by you to return the item to the Seller.
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Cracking, that's what I thought, cheers. I've dropped an email back requesting that they could "please confirm that the refund will include the cost of return postage of the item to them".

Cheers.
 
AlecR said:
Just return it under DSR. You can return it for any reason, so no postage costs.
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It's not that simple. A retailer doesn't have to pay for return shipping under the regs if they have specified in their T&Cs that the buyer is responsible for that. Also if this is a private seller then those regulations don't apply.
 
Either way you've got the added layer of Amazon so you'll be fine. You will probably end up paying the postage and getting it back, rather than being able to use a pre-paid label.
 
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