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Return postage for unsuitable mail order goods



 
 
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  #21  
Old December 20th 04, 12:38 AM
bigbrian
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On 19 Dec 2004 16:32:27 GMT, "Bob Eager" wrote:

On Sun, 19 Dec 2004 15:14:16 UTC, "Umgall" wrote:

This was covered on a local radio programme yesterday.


But obviously incompletely!

If the item is faulty, or not as described, the VENDOR is responsible for return
postage, at any time (certainly for the first 6 months, and arguably up to 6
years).


But that isn't the DSR, that's the SOGA.


If the item is faulty, the DSR won't apply anyway.

Purchases on the Internet


Or indeed *any* distance purchase.

are subject to a 7-day cooling off period, which starts when the goods arrive.


Unless the seller fails to mention this in their T&Cs, in which case
it's much longer (30 days, ISTR).

If you decide within this
time that you do not want the goods, you can return them, and the PURCHASER
is responsible for return postage


Unless the seller's T&Cs say otherwise, of course.


Which they invariably do.

Brian


  #22  
Old December 20th 04, 12:56 AM
Bob Eager
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On Sun, 19 Dec 2004 23:38:49 UTC, bigbrian
wrote:

On 19 Dec 2004 16:32:27 GMT, "Bob Eager" wrote:

On Sun, 19 Dec 2004 15:14:16 UTC, "Umgall" wrote:

This was covered on a local radio programme yesterday.


But obviously incompletely!

If the item is faulty, or not as described, the VENDOR is responsible for return
postage, at any time (certainly for the first 6 months, and arguably up to 6
years).


But that isn't the DSR, that's the SOGA.


If the item is faulty, the DSR won't apply anyway.


Of course; I was pointing out that the last poster had implied
otherwise.

If you decide within this
time that you do not want the goods, you can return them, and the PURCHASER
is responsible for return postage


Unless the seller's T&Cs say otherwise, of course.


Which they invariably do.


Maybe; but this is explicitly provided for in the DSR. And perhaps there
*is* a supplier out there where this actually happens!

Incidentally, I just noticed that CPC, in their T&Cs, also specify
'return within 7 days', which is incorrect.

--
Bob Eager
begin a new life...dump Windows!
  #23  
Old December 20th 04, 12:56 AM
Bob Eager
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On Sun, 19 Dec 2004 23:39:16 UTC, pete wrote:

If postage is included in the original contract it must be refunded
if the contract is cancelled under the DSR's.


Couldn't find the above sentence in the DSR.

It's implied (completely) by the following:

14. - (1) On the cancellation of a contract under regulation 10, the
supplier shall reimburse any sum paid by or on behalf of the consumer under or
in relation to the contract to the person by whom it was made free of any
charge, less any charge made in accordance with paragraph (5).


The delivery charges are part of the contract. The buyer has no contract
with the carrier.

And, as I stated previously, the DTI guidance notes for businesses make
this very clear.

--
Bob Eager
begin a new life...dump Windows!
  #24  
Old December 20th 04, 01:18 AM
bigbrian
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On Sun, 19 Dec 2004 23:39:16 +0000, pete wrote:

On Sun, 19 Dec 2004 22:51:41 +0000, Peter Parry wrote:


snip


If postage is included in the original contract it must be refunded
if the contract is cancelled under the DSR's.


Couldn't find the above sentence in the DSR.


You quoted it yourself:

"14. - (1) On the cancellation of a contract under regulation 10, the
supplier shall reimburse any sum paid by or on behalf of the consumer
under or in relation to the contract to the person by whom it was made
free of any charge, less any charge made in accordance with
paragraph (5)".

"any sum paid by....... the consumer.... in relation to the contract"

If the contract includes the carriage, the carriage must be included
in the refund. If the carriage forms part of a separate contract, it
doesn't need to be refunded. Simple really

Brian


  #25  
Old December 20th 04, 03:24 PM
Robert Marshall
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On Mon, 20 Dec 2004, Tx2 wrote:

In article , rde42
@spamcop.net, a.k.a Bob Eager says...


Incidentally, I just noticed that CPC, in their T&Cs, also specify
'return within 7 days', which is incorrect.


So do CCL (http://www.cclonline.com/termsconditions.asp)


I guess this means that other folk can get to this site and it is
usable (see my earlier post)? It has just taken me 15(!) minutes to
load that page. It trickles in at about 15bytes/sec, is anyone else
using Firefox with them - it used to work sensibly but I guess
something in the asp has changed?

Robert
--
La grenouille songe..dans son château d'eau
  #26  
Old December 20th 04, 03:41 PM
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In uk.comp.vendors Robert Marshall wrote:
On Mon, 20 Dec 2004, Tx2 wrote:

In article , rde42
@spamcop.net, a.k.a Bob Eager says...


Incidentally, I just noticed that CPC, in their T&Cs, also specify
'return within 7 days', which is incorrect.


So do CCL (http://www.cclonline.com/termsconditions.asp)


I guess this means that other folk can get to this site and it is
usable (see my earlier post)? It has just taken me 15(!) minutes to
load that page. It trickles in at about 15bytes/sec, is anyone else
using Firefox with them - it used to work sensibly but I guess
something in the asp has changed?

That page pops up pretty quickly here using Firefox 1.0 PR.

--
Chris Green
  #27  
Old December 20th 04, 03:57 PM
Gama Chameleon
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On 20 Dec 2004 14:41:01 GMT, wrote:

In uk.comp.vendors Robert Marshall wrote:
On Mon, 20 Dec 2004, Tx2 wrote:

In article , rde42
@spamcop.net, a.k.a Bob Eager says...


Incidentally, I just noticed that CPC, in their T&Cs, also specify
'return within 7 days', which is incorrect.

So do CCL (
http://www.cclonline.com/termsconditions.asp)


I guess this means that other folk can get to this site and it is
usable (see my earlier post)? It has just taken me 15(!) minutes to
load that page. It trickles in at about 15bytes/sec, is anyone else
using Firefox with them - it used to work sensibly but I guess
something in the asp has changed?

That page pops up pretty quickly here using Firefox 1.0 PR.


Pretty much instantly with IE 6 too.
--
Gamma gamma gamma chameleon
You come and glow, you come and glow.
Kick out the cats before you reply
  #28  
Old December 20th 04, 06:34 PM
Robert Marshall
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On Mon, 20 Dec 2004, Gama Chameleon wrote:

On 20 Dec 2004 14:41:01 GMT, wrote:

In uk.comp.vendors Robert Marshall wrote:
On Mon, 20 Dec 2004, Tx2 wrote:


So do CCL (
http://www.cclonline.com/termsconditions.asp)


I guess this means that other folk can get to this site and it is
usable (see my earlier post)? It has just taken me 15(!) minutes
to load that page. It trickles in at about 15bytes/sec, is anyone
else using Firefox with them - it used to work sensibly but I
guess something in the asp has changed?

That page pops up pretty quickly here using Firefox 1.0 PR.


Pretty much instantly with IE 6 too.


Thanks!

Very odd, I've tried other pages and other browsers (all linux) and I
see that Tx2 is likely to be using the linux form and in all cases -
for me - it takes an age. Maybe it just doesn't like me or ntl or...

I'll try booting another distro and see what happens!

Robert
--
La grenouille songe..dans son château d'eau
  #29  
Old December 21st 04, 09:30 AM
Gama Chameleon
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On Mon, 20 Dec 2004 17:34:33 +0000, Robert Marshall
wrote:

On Mon, 20 Dec 2004, Gama Chameleon wrote:

On 20 Dec 2004 14:41:01 GMT, wrote:

In uk.comp.vendors Robert Marshall wrote:
On Mon, 20 Dec 2004, Tx2 wrote:


So do CCL (
http://www.cclonline.com/termsconditions.asp)


I guess this means that other folk can get to this site and it is
usable (see my earlier post)? It has just taken me 15(!) minutes
to load that page. It trickles in at about 15bytes/sec, is anyone
else using Firefox with them - it used to work sensibly but I
guess something in the asp has changed?

That page pops up pretty quickly here using Firefox 1.0 PR.


Pretty much instantly with IE 6 too.


Thanks!

Very odd, I've tried other pages and other browsers (all linux) and I
see that Tx2 is likely to be using the linux form and in all cases -
for me - it takes an age. Maybe it just doesn't like me or ntl or...


I use ntl, its fine for me on that.
--
Gamma gamma gamma chameleon
You come and glow, you come and glow.
Kick out the cats before you reply
  #30  
Old December 21st 04, 12:04 PM
Robert Marshall
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Posts: n/a
Default

On Tue, 21 Dec 2004, Gama Chameleon wrote:

On Mon, 20 Dec 2004 17:34:33 +0000, Robert Marshall
wrote:

On Mon, 20 Dec 2004, Gama Chameleon wrote:

On 20 Dec 2004 14:41:01 GMT, wrote:

In uk.comp.vendors Robert Marshall wrote:
On Mon, 20 Dec 2004, Tx2 wrote:


So do CCL (
http://www.cclonline.com/termsconditions.asp)


I guess this means that other folk can get to this site and it
is usable (see my earlier post)? It has just taken me 15(!)
minutes to load that page. ..
That page pops up pretty quickly here using Firefox 1.0 PR.

Pretty much instantly with IE 6 too.


Very odd, I've tried other pages and other browsers (all linux) and
I see that Tx2 is likely to be using the linux form and in all cases
- for me - it takes an age. Maybe it just doesn't like me or ntl
or...


I use ntl, its fine for me on that.


Just tried a bootable cd distro and that runs fine too, looks to be a
problem with Mandrake 10.1 (or my installation of it!), weird that I've
not yet found another site affected like this.

Need to take this elsewhere, now definitely OT for here...

Robert
--
La grenouille songe..dans son château d'eau
 




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