Distance selling rules - handling charges?
09 December 2009, 10:03 AM
#1
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Distance selling rules - handling charges?
I purchased a power supply from Rapid electronics and want to return it under the 7 day rule. Their T&Cs state that they charge a 20% handling charge and they want to charge me for postage for picking the item up.
I'm happy to pay for returning the item and its very heavy so would be expensive but I was under the impression that a handling charge could not be made under the 7 day rule.
I'm happy to pay for returning the item and its very heavy so would be expensive but I was under the impression that a handling charge could not be made under the 7 day rule.
09 December 2009, 11:08 AM
#3
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Even if restocking fees are listed in T&C's, they cannot be enforced if you cancel within the 7 days.
Talk to Consumer Direct for advice.
On the other hand, if the goods were not as described, you can get all your cash back including the delivery and return postage costs.
* I am no legal type person, seek professional advice blah blah...
Talk to Consumer Direct for advice.
On the other hand, if the goods were not as described, you can get all your cash back including the delivery and return postage costs.
* I am no legal type person, seek professional advice blah blah...
09 December 2009, 12:32 PM
#4
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A few pointers for you...
3.26
That is from the OFT website, so fairly unequivocal!
Good luck, don't take any bullsh1t.
Geezer
P.S. I had to get involved recently for DSR for something I wanted to cancel, they soon backed down once they realised I knew what should happen.
The only thing you need to watch for is whether in the original contract they say you must pay for return postage, but they cannot charge you a handling fee.
Read the whole thing at OFT
What must my consumers do if they want to cancel?
3.26
They must tell you in writing, or in another durable medium, if they
want to cancel. This includes letter, fax or email. A phone call is not
enough unless you say in your terms and conditions that you will
accept cancellations by phone.enough unless you say in your terms and conditions that you will
From what date would the notice of cancellation become
effective?
3.27
effective?
3.27
The effective date for cancellations under the DSRs is the date on
which the consumer gives notice of cancellation to you. This ensures
that the consumer can take advantage of the full cancellation period
provided for in the DSRs.that the consumer can take advantage of the full cancellation period
When do I have to refund a consumer’s money if they cancel
an order?
3.46
an order?
3.46
As soon as possible after the consumer cancels, and in any case
within 30 days at the latest. You must refund the consumer’s money
even if you have not yet collected the goods or had them returned to
you by the consumer. You cannot insist on the goods being received
by you before you make a refund.even if you have not yet collected the goods or had them returned to
you by the consumer. You cannot insist on the goods being received
What specifically do I have to refund to the consumer if
they cancel?
3.48
they cancel?
3.48
The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
Who pays for returning the goods if the consumer cancels
an order?
3.55
an order?
3.55
If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge.required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
That is from the OFT website, so fairly unequivocal!
Good luck, don't take any bullsh1t.
Geezer
P.S. I had to get involved recently for DSR for something I wanted to cancel, they soon backed down once they realised I knew what should happen.
The only thing you need to watch for is whether in the original contract they say you must pay for return postage, but they cannot charge you a handling fee.
Read the whole thing at OFT
Last edited by Geezer; 09 December 2009 at 12:37 PM.
09 December 2009, 12:47 PM
#5
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The above only counts if you are set up as a "Retail" customer.
If you are trader or dealing in a business to business situation the above does not apply.
If you are trader or dealing in a business to business situation the above does not apply.
09 December 2009, 02:19 PM
#7
Scooby Regular
Thread Starter
Thanks for the advice chaps.
The issues arose because my account was listed as a trader rather than an individual. I gave them a call and they have changed my account with no fuss.
Thanks again
The issues arose because my account was listed as a trader rather than an individual. I gave them a call and they have changed my account with no fuss.
Thanks again
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