Return postage for unsuitable mail order goods

No, but the DSA doesn't make it clear who pays the postage. So in a
DSA
case it *is* down to the T&Cs.

yes it does.


http://www.tradingstandards.gov.uk/c...V0051-1111.txt

the customer has to pay if they simply change their mind.

No, it's down to the T&Cs. They may *allow* the customer to return the
goods post paid. I'm perfectly aware of what TS say.

I don't understand what you are saying? TS say that the customer is
responsible, are you simply suggesting that the T&C's might be a bit more
generous ? In which case i agree it is down to the T&C's, but worse case
sinario is that the customer pays. So if the goods are fault the OP should
return under the SOGA and return under the DSA if they have changed their
mind.

We still don't know why the OP said that the goods were unsuitable !!

If I order some goods over the internet from a UK company and I am
based in the UK then who has to pay return postage if the goods
are
unsuitable?

Does the Distance Selling Directive (or perhaps even the Sale of
Goods Act) specify who has to pay the postage for returns made
under
such circumstances?
This is down to the terms and conditions on the retailers
website,,,

No it isn't. The T*C cannot override the SOGA or DSA !!

No, but the DSA doesn't make it clear who pays the postage. So in a DSA
case it *is* down to the T&Cs.

yes it does.


http://www.tradingstandards.gov.uk/c...V0051-1111.txt

the customer has to pay if they simply change their mind.


Why else would the DSA come into it . If they didn't change their minds
they
would not wish to return it/Them.
If the goods are unsuitable because the are damaged or not the goods that
where ordered then the user may have protection under SOGA. But if the
Buyer
buys a Round pin plug and finds that it is unsuited to his SQ pin sockets
that is his mistake.

I don't know what you are talking about. My particular post was to
highlight who is responsible for paying to return the item(s) under the DSA.

On Fri, 17 Dec 2004 16:44:59 UTC, "Zoe Brown"
wrote:


No, but the DSA doesn't make it clear who pays the postage. So in a
DSA
case it *is* down to the T&Cs.

yes it does.

http://www.tradingstandards.gov.uk/c...V0051-1111.txt

the customer has to pay if they simply change their mind.

No, it's down to the T&Cs. They may *allow* the customer to return the
goods post paid. I'm perfectly aware of what TS say.

I don't understand what you are saying? TS say that the customer is
responsible, are you simply suggesting that the T&C's might be a bit more
generous ?

Yes. I have seen this.

In which case i agree it is down to the T&C's, but worse case
sinario (sic) is that the customer pays. So if the goods are fault the OP should
return under the SOGA and return under the DSA if they have changed their
mind.

It's always down to the T&Cs. If they say nothing about it, the customer
pays. If they are more generous, the customer pays. So it's down to the
T&Cs!

--
Bob Eager
begin a new life...dump Windows!

No, but the DSA doesn't make it clear who pays the postage. So in
a
DSA
case it *is* down to the T&Cs.

yes it does.


http://www.tradingstandards.gov.uk/c...V0051-1111.txt

the customer has to pay if they simply change their mind.

No, it's down to the T&Cs. They may *allow* the customer to return the
goods post paid. I'm perfectly aware of what TS say.

I don't understand what you are saying? TS say that the customer is
responsible, are you simply suggesting that the T&C's might be a bit
more
generous ?

Yes. I have seen this.

In which case i agree it is down to the T&C's, but worse case
sinario (sic) is that the customer pays. So if the goods are fault the
OP should
return under the SOGA and return under the DSA if they have changed
their
mind.

It's always down to the T&Cs. If they say nothing about it, the customer
pays. If they are more generous, the customer pays. So it's down to the
T&Cs!

In that case I agree.

Except in the case of the SOGA where it has to be the retailer and not the
customer who pays. This is because like I said earlier the T&C's can't
actually take away your rights provided by law (they can give you extra
one's though !!0

On Fri, 17 Dec 2004 17:01:52 UTC, "Zoe Brown"
wrote:

Except in the case of the SOGA where it has to be the retailer and not the
customer who pays. This is because like I said earlier the T&C's can't
actually take away your rights provided by law (they can give you extra
one's though !!0

Oh, of course. The SOGA is different.

--
Bob Eager
begin a new life...dump Windows!

On 17 Dec 2004 16:57:54 GMT, "Bob Eager" wrote:


It's always down to the T&Cs. If they say nothing about it, the customer
pays. If they are more generous, the customer pays. So it's down to the
T&Cs!

Not so. If the requirement to pay for returning the goods is not
explicitly stated then the cost must be borne by the retailer.
Similarly the 7 day return window is extended up to 3 months and
seven days if the retailer does not explicitly explain the DSR return
rights.

Moreover, the retailer is _always_ required to refund the outbound
shipping charges if they were part of the contract of sale.

--
Peter Parry.
http://www.wpp.ltd.uk/

On Fri, 17 Dec 2004 22:08:05 UTC, Peter Parry wrote:

On 17 Dec 2004 16:57:54 GMT, "Bob Eager" wrote:


It's always down to the T&Cs. If they say nothing about it, the customer
pays. If they are more generous, the customer pays. So it's down to the
T&Cs!

Not so. If the requirement to pay for returning the goods is not
explicitly stated then the cost must be borne by the retailer.

Quite right. What with all the to-ing and fro-ing I got confused!

Similarly the 7 day return window is extended up to 3 months and
seven days if the retailer does not explicitly explain the DSR return
rights.

Yes, that's an important point.

--
Bob Eager
begin a new life...dump Windows!

"Zarbol Tsar" wrote in message ...
If I order some goods over the internet from a UK company and I am
based in the UK then who has to pay return postage if the goods are
unsuitable?

Does the Distance Selling Directive (or perhaps even the Sale of
Goods Act) specify who has to pay the postage for returns made under
such circumstances?

This was covered on a local radio programme yesterday.

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).

Purchases on the Internet are subject to a 7-day cooling off period, which starts when the goods arrive. 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 (but the vendor must
return the full payment, including any P&P charges)

If, after the 7 days, you decide you don't want the goods, this is up to the vendor's terms and conditions of sale, but under
legislation, you're not entitled to a refund or to have postage paid.

Umgall.

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.

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.

(but the vendor must
return the full payment, including any P&P charges)

Yes.

--
Bob Eager
begin a new life...dump Windows!

On Sun, 19 Dec 2004 18:14:07 UTC, pete wrote:

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



Purchases on the Internet are subject to a 7-day cooling off period, which starts when the goods arrive. 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 (but the vendor must
return the full payment, including any P&P charges)

Besides the fact that the DSR does not say the above

Kindly clarify which bits it doesn't say (you may be right in your
assertion, but the actual assertion is unclear).

kindly quote the section
of the Distance Selling Regulations which states that the vendor must refund P&P
charges.
The full text is here to help you:
http://www.hmso.gov.uk/si/si2000/20002334.htm

Well, it's not right now...the site isn't responding. But to quote from
the DTI "Guide for Business":

" 12.2 If goods have been delivered and the consumer has paid a separate
charge
for delivery, the supplier must also return the delivery
charge unless it was
provided under a separate contract."

--
Bob Eager
begin a new life...dump Windows!