Distance Selling Regulations?

Mayfair

Mayfair

Mayfair

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Essex
Hello all,

I'm not sure where i should have posted this, So i'm sorry if it's in the wrong section.

I'm looking for an answer really, If i'm not happy with a product and it's under 7days am i allowed to ask for a full refund under the "Distance Selling Regulations" or must it be faulty for me to ask for a refund, Becouse i've opened the product?

As i've used the product for a few days, and i'm not happy with it so not sure what to-do really.

Thank you,
 
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My understanding is that DSR was introduced as a way to protect consumers in the same way that a "28 days returns policy" does for anyone that walks into a shop. If you are unhappy with the product, for whatever reason, you have 7 days after purchase with which to contact the retailer and organise a return.
 
Yes but most resellers ask for a restocking fee in this situation, maybe 10 to 15 pounds, which is perfectly reasonable since the packaging you received your product in cannot be sold as new again, This is especially true of blister packs and vacuum sealed items but it doesn't really matter, I dont know what the legislation is that governs that idea but im sure its on paper somewhere.
 
Oh really ? i'll keep that in mind buying from Ocuk , i think we have them in Ireland, but i cant be sure , So that means the only thing your obliged to pay would be the shipping back to ocuk then ?
 
Actually the distance selling legislation states that the seller MUST pay for the shipping, but OcUK have a clause in their sales contract which passes that obligation off to you... You are well within your right to send it back within 7 days and pay nothing but shipping, if they say you must pay restocking fees, send them some quotes from the DSA along with threat of legal action and they'll soon waive it.

It's worth reading the following if you shop online often, know your rights as many companies will try to swing it away from the law:

Distance Selling Act - Business Perspective - http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
Distance Selling Act - FAQ - http://www.out-law.com/page-430

For sending back items in warranty period (don't believe what the sellers tell you, they are obligated to handle it in most situations)

Trading Standards - http://www.hants.gov.uk/regulatory/...A3C87E49778EEAD3&frmItemID=122525&frmShared=1
EU Directive - http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32022_en.htm

Good luck :)
 
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Thanks for all your support guys, I have sent a RMA webnote stating im not happy with the product and asking for a full refund under the DSR. Hopfully i'll only have to pay to ship it back to them.
 
DSR was brought in to allow the consumer the same chance of inspecting goods as they can in a shop, if you find the item of insufficient quality you may return it for a refund as if you had seen it in a shop you would have been able to see the quality before buying it. Restocking fees are not allowed and the etailer should also refund postage I think. 28 days return policies in store are at the stores whim, they do not have to do any such thing whatsoever.
 
rexehuk said:
Actually the distance selling legislation states that the seller MUST pay for the shipping, but OcUK have a clause in their sales contract which passes that obligation off to you... You are well within your right to send it back within 7 days and pay nothing but shipping, if they say you must pay restocking fees, send them some quotes from the DSA along with threat of legal action and they'll soon waive it.
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If DSR states the seller must pay shipping then I'd imagine that nothing any company writes into it's sales clauses to work around it can be considered legally binding, but that's a guess.
 
Could you point me at that part of the sales contract that passes the torch on return postage? I'd like to read it since i was not aware of that till you brought it up.
 
Dano said:
If DSR states the seller must pay shipping then I'd imagine that nothing any company writes into it's sales clauses to work around it can be considered legally binding, but that's a guess.
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That is what the lawyer consulted said, but really couldn't be bothered to fight for it over £8.

If you wish to fight it, you'll need this quote

Refunds

On the cancellation of a contract, any sum paid by the consumer must be repaid as soon as possible and, in any case, within 30 days of cancellation. The full price paid for the goods must be refunded and this includes the cost of delivery of the goods to the consumer.

In certain circumstances the supplier may charge the consumer for the cost of the supplier recovering the goods (e.g. where the consumer fails to return them). To do so, the contract must specify that the consumer is under an obligation to return the goods if he or she cancels the contract and the consumer gets notice of this in advance as part of the written confirmation relating to the right to cancel. The costs cannot be passed on to the consumer where the goods are returned because they are faulty or do not comply with the contract for some other reason.
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Which is why I didn't fight, as the OcUK contract states that you're responsible to return the goods... If you bring this up you'll most likely be pointed towards the sales contract. Basically unless the goods are FUBAR, you'll have to abide by the sales contract with OcUK as there is nothing acually WRONG with the goods, past your wish not to acquire them.
 
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The trader may charge you for the cost of collecting the goods, or you may have to pay the return postage yourself, unless the goods were faulty in the first place.
 
Thats what i expected, the onus is on the customer if they dont like/arent satisfied with the goods they purchase, and if the items are faulty then the return costs should be paid by the business the items were bought from.
 
Yes i dont mind paying the cost to ship it back to them, As it's fully understandable since the item is not faulty.

As Swifty55 said,

Swifty55 said:
Would you walk in to a store you're returning a product to and ask them for petrol money?
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I would but only to be awkward :P (jk) Although if you are RMA'ing faulty goods make sure you your RMA page on your profile illustrates that its faulty not just incompatible or some nosh as after you've shipped them back you have to remember to get them to refund the return postage for the items.
 
Will they refund postage on an RMA? I've just RMA'd something that I've had for a shade over a month, would I qualify to reclaim my postage costs? (Student here, every penny counts).
 
If you rma'ed something specifically because it was faulty, or was misrepresented on the website and when you got it , it didnt do its job , then yes, they are obliged to foot the bill,

Rma is a broad term, but i only ever use it when i am talking about a product that has a fault and as such i've come to associate the term with free return postage, as in reality that's what it means to the customer.
 
My understandment of the DSR rules are quite simple:

*Buyer occurs shipping costs, only RMA's the customer shouldnt be out of pocket.
*Item must be able to be resold (so scratches all over it warrants it as used)
*Restocking fee's can be used *Dark area, this is sometimes silently put in T&C's*
*Refunds given when stock arrives in and inspected.
 
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