Refusing to refund under DSR's **WON**

[Conniff]

Check the T&C as if they state there that return postage is to be paid by you, then you can't claim it back. If there is no mention, then they have to include that as well.

[Conniff]

I am worried that:

1) He may well collect the items then 'deduct' for his time and travel from West Midlands area to West Yorkshire area.

2) He may claim the goods are damaged or even damage them himself to be blooming awkward!

3)He may just collect and then still say he is entitled to make deductions or not to refund 'because the package was opened'

 

If he does anything outside of the DSR then you can make a small claim against him. It will be an upfront cost of around £30 but you claim that back from him and it can all be done on line so not a lot of inconvenience - https://www.moneyclaim.gov.uk/web/mcol/welcome

[dx100uk]

http://uk.news.yahoo.com/online-shops-flouting-consumer-laws-230717525.html

[Planta genista]

As an aside, if the seller does not provide full and accurate returns and refunds information before point of sale, then it negates the requirement for the buyer to have to return the item if they change their mind.

 

eg: they must state the terms (timings, who pays for returning etc) for a buyer to return an item if they have changed their mind and must not have any conditions attached.

 

If they don't have this, then the seller has to arrange for collection at their expense within (I believe) 3 months.

 

So you can still pursue them for a refund in full (no restocking fee is allowed) including the outward postage or courier costs and tell them to arrange collection. If they refuse, let them know that you'll be reporting them to Trading Standards and the OFT who are clamping down on unlawful T&Cs on websites - see the post I've just put up on this forum. Then, be prepared to go the Small Claims route if they won't play ball.

 

Software covers the kind of things you buy such as MS office, or suchlike where you would be downloading it onto a pc or laptop.

[Redletter]

Thanks people I've heard this on the news today also...

 

http://www.bbc.co.uk/news/business-19910561

 

Check the T&C as if they state there that return postage is to be paid by you, then you can't claim it back. If there is no mention, then they have to include that as well.

 

I have also read that if the T&C's are on their website, they also have to send you 'written' information in 'durable form' ie email or letter, detailing their returns policy and who is responsible for return postage. If they don't then they can't charge anything.

 

As an aside, if the seller does not provide full and accurate returns and refunds information before point of sale, then it negates the requirement for the buyer to have to return the item if they change their mind.

 

eg: they must state the terms (timings, who pays for returning etc) for a buyer to return an item if they have changed their mind and must not have any conditions attached.

 

If they don't have this, then the seller has to arrange for collection at their expense within (I believe) 3 months.

 

So you can still pursue them for a refund in full (no restocking fee is allowed) including the outward postage or courier costs and tell them to arrange collection. If they refuse, let them know that you'll be reporting them to Trading Standards and the OFT who are clamping down on unlawful T&Cs on websites - see the post I've just put up on this forum. Then, be prepared to go the Small Claims route if they won't play ball.

 

Software covers the kind of things you buy such as MS office, or suchlike where you would be downloading it onto a pc or laptop.

 

This is what I thought. You should see the big fuss/argument this caused on the other Legal (dogs that rhyme with eagles) site for thread entitled "Section 75 yes or no" where I have been totally confused as to whether to pursue Section 75 for S13 of SOGA or DSR's!!!

 

http://www.guardian.co.uk/money/2012/oct/12/top-retailers-oft-action-online-services

[Redletter]

I might have got this sorted now after all.

 

I sent the links regarding the BBC News report into online retailers flouting DSR's by email to the supplier

and received an email back in which he said he had seen his solicitor and he conceeded that I was indeed entitled to a refund.

 

He explained that his terms & conditions were put in place by his website designer and that he would be ammending them.

 

He said that he was quite new to internet shopping and was not familiar with the additional rights of the consumer.

 

He agreed to give me a full refund to my credit card but still insisted on getting the goods back first saying that his solicitor had said I should do so,

 

so I have agreed to send them back as he is no longer stating that the refund is conditional.

 

Apparently his solicitor did say that a refund was due even if the product had been opened,

but his solicitor still reckoned that they should not be 'used'.

 

Despite this he indicated he will still refund.

[dx100uk]

glad

 

write and agree

 

dx

[dx100uk]

glad

 

write and agree

 

dx

[Redletter]

glad

 

write and agree

 

dx

 

Done!

Light went back today by courier.

Thanks to all for your patience and help.

[Conniff]

Nice one, but it's not finished until you have the money in your account. Lets hope that is just as smooth.

[Redletter]

Nice one, but it's not finished until you have the money in your account. Lets hope that is just as smooth.

 

Hope so. I will keep you posted. Thanks.

[Redletter]

As I promised to keep all of those of you who have helped me in this matter up to date.

This is the latest email I received today.

I found the civil polite approach worked in the end!

 

Just to confirm I received the light this afternoon in expectable condition so thank you for that and a full refund has been forwarded for you via the card you made payment with.

I will let you know when the money makes it back to my card account.

Thanks again to all for your help and support.

[Redletter]

UPDATE.

 

£1674.99 is back in the credit card account.

Thanks again to all for your assistance and advice in this matter.

[dx100uk]

hey well done

 

The Consumer Action Group needs help to cover itsexpenses.

You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

dx

[Redletter]

hey well done

 

The Consumer Action Group needs help to cover itsexpenses.

You could help by making a money

contribution to http://www.consumeractiongroup.co.uk/paypal.php?

go=donate

dx

 

 

Done!

[Redletter]

Matter now closed!