Distance Selling Regs.

[Palfrem]

Does anyone know anything about these please?

I seem to recall a few bits, but....

I received a Christmas gift via Amazon but it was not suitable so needs to go back.

Turns out it was via Amazon Marketplace and originated in Germany.

The postage back to Germany is more than the value of the (quite heavy) item

I was under the impression postage should be refunded under the DSR.

Amazon are washing their hands as it was from "one of our selling partners"

Does the panel think I have any rights?

 

[markjay]

As far as I know the seller has to incur cost of of shipping back only if the goods are defective, not fit for purpose, not of marketable quality, wrong item, etc etc.

However, the 'I changed my mind' return option does not cover cost of shipping back to seller - not to my knowledge, anyway.

 

[Charles Morgan]

One, you have 7 days from receipt to decide to return them unless the documentation with the goods does not state your rights to return under the DSRs. This like all the DSRs only applies to trade sellers, not privates.

Second, the policy of the seller about the cost of returns should be set out. A seller is entitled to state in their policy that the customer bears the cost of returns but it should be set out in the same way as your return rights. If silent then the assumption must be they refund.

In my experience German sellers normally set out these rights explicitly.

Virtually no UK seller (privates don't count) sets out DSR stuff correctly, numerous have policies that are in explicit breach. One I found recently explicitly cited the DSRs as reason for a policy that was in clear breach!

Here's the guide for businesses from the Office of Fair Trading - it's far more useful than their customer guide.

 

[Alfie]

There are some exceptions to the DSR.

Items that are customised such as monograms.
Software / DVDs etc that have been opened.
to name a couple.

Basically the seller doesnt have to refund the postage provided they set out in their terms and conditions that they dont.

An item can be returned for any reason whatsoever even if you dont like the colour of the wrapping it came in. BUT you have only seven days from the date of receipt in which to notify the seller you wish to return the goods.

Paypal flout the DSR so beware!

 

[Spinal]

One, you have 7 days from receipt to decide to return them unless the documentation with the goods does not state your rights to return under the DSRs. This like all the DSRs only applies to trade sellers, not privates.

Second, the policy of the seller about the cost of returns should be set out. A seller is entitled to state in their policy that the customer bears the cost of returns but it should be set out in the same way as your return rights. If silent then the assumption must be they refund.

In my experience German sellers normally set out these rights explicitly.

Virtually no UK seller (privates don't count) sets out DSR stuff correctly, numerous have policies that are in explicit breach. One I found recently explicitly cited the DSRs as reason for a policy that was in clear breach!

Here's the guide for businesses from the Office of Fair Trading - it's far more useful than their customer guide.

I disagree - if the goods are faulty, the seller pays return postage, regardless of what they state in their policy. The buyer can be asked to pay for postage (if set in the policy), only if the buyer returns the items because they changed their mind.

Here is an extract from the OFT:

Return of goods following cancellation (Regulation 17)
Who pays for returning the goods if the consumer cancels
an order?
3.57
If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.

EDIT: This may also come in handy:

After the deadline for cancellation has passed, a consumer claims that goods are faulty or services do not conform to the contract. Do I have to refund the consumer’s money?

3.67
In general the DSRs do not affect the consumer’s rights under otherlegislation, for example the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982. If the goods or services do not conform to the contract and consumers exercise their rights to reject them, you will have to refund their money.

3.68
If goods develop a fault within the first six months of being sold, the law presumes that the fault was there when you sold the goods – unless you can show otherwise. You should not charge return costs for goods that have been rejected because they are faulty.

EDIT2: Forgot to say - what may catch you out, is that being on amazon marketplace, it may be a private seller and not a business; hence DSR wouldn't apply if it's a private.

 

[Palfrem]

Thanks to everyone.

The goods aren't faulty. Naff? Yes indeed, but not faulty.

Charity shop here we come.

 

[Spinal]

Faulty, not-fit-for-purpose, not as described, they all fall into the same category

 

[Rory]

Not addressed at anyone in particular, but note there are some chnages happening to the DSR which extend the 7 days to 14 days and make the supplier liable for return costs unless they specifically say they're not (they'd be a bit daft to omit this, though): The new Consumer Rights Directive