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Thread: Return postage, who pays?

  1. #1
    Initiate padstowe's Avatar
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    Hi
    If i've received an item through the internet of which they advertised the new model & sent me out the old model. I've been in contact with the company & they said they wouldn't pay for the return postage. Am i right in thinking that if they have sent me an item that they have either part or fully given false description on then they should pay the return postage?
    cheers

  2. #2
    Goon Zippy's Avatar
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    You haven't said if the seller was located in the UK. If outside of the UK, you will not be able to enforce UK law (although if within the EU, equivalent rules will apply). Assuming it is a UK business, if the goods do not comply with the contract, then the seller should pay for the return postage. In fact, if the contract does not state that return poostage will be charged, this cannot be charged even if you merely change your mind within the 7 day period allowed the Distance Selling regulations. See 3.55 - 3.57 in http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf

    (sorry couldn't get link to work, but copy this into your address line)

  3. #3
    Goon Zippy's Avatar
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    http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf

    Now working again - use link above.

  4. #4
    Mini Goon
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    If they don't play ball with Zippy's links, you could try raising a dispute with your credit card company, and informing the supplier that the goods are available for collection subject to reasonable notice. No idea if it would work (never had to resort to this), but worth considering>

  5. #5
    Initiate padstowe's Avatar
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    Thanks, its was a uk firm posting to ireland. I told them that they were responably for giving a fasle discription to which they palmed it off on ME saying that they get their descriptions from them. But i hardly doubt that ME has given them a 2011 description on 2009 goods

  6. #6
    Mini Goon jonny dogood's Avatar
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    I would check with your trading standards as I guess that being outside the uk (Ireland?) is a little different as previous posters have said. Having said that very naughty of them.

    Nearly bought a marmot cwm 4 season bag from amazon 'deals' this week for a ludicrous price. When I went to the checkout, the description had changed to the summer bag so not a -40 but something to die in rather than for (given that you took it to the extreme). I did wonder if I should quibble about it but didn't bother as it did plainly state at checkout though not on the amazon page obviously I didn't buy it......

  7. #7
    ‹bermensch Taz's Avatar
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    Last year I bought a tent online (new model as advertised) and was sent an old model. I really wanted the new model so sent a very polite email informing them of their mistake. They said no worries send it back and we'll send you a new tent. I cheekily sent it back using the bag it came in 'return to sender', no probs.

  8. #8
    Ultra King Imperial Dave's Avatar
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    if its misdescribed then it comes under the sale of goods act and they should pay for the return postage. The law states that if you have been misled then the company selling must make it so that you are no worse off than before the contract of sale was entered

    Distance Selling Regs mainly covers a 7-day cooling off period to cover items where buyers arent sure of they fit the bill of what they are looking for. Under distance selling regs the seller is responsible for refunding the cost of the item and the delivery charge only unless they havent clearly stated that the customer is responsible for the cost of returning goods in the terms and conditions.

  9. #9
    Goon Zippy's Avatar
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    Quote Originally Posted by Imperial Dave View Post

    Distance Selling Regs mainly covers a 7-day cooling off period to cover items where buyers arent sure of they fit the bill of what they are looking for. Under distance selling regs the seller is responsible for refunding the cost of the item and the delivery charge only unless they havent clearly stated that the customer is responsible for the cost of returning goods in the terms and conditions.

    ID this is right except where the the goods are not as per the contract in which case the seller has to meet the charge in all circumstance.

    As the seller is in the UK, the contract should (at the very least) be subject to English Law and the buyer should be able to rely on English Law to enforce it. In any case, the buyer here is in Ireland which is in the EU. English law here is merely implemetation of an EC directive which must be applied by all member states. So there should be equivalent law in Ireland (although I couldn't easily find it via google).

  10. #10
    Ultra King Imperial Dave's Avatar
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    Yep, UK law applies as the seller in the UK

    on the point re the refunding of the postage, it is the sale of goods act that applies when mis-sold goods, not the DSRs. The DSRs are an enhancement to the SOGs to cover situations where the seller and the buyer do not meet face to face during the transaction.The reference under 3.57 on the OFT leaflet just reiterates the seller's responsibilities under the SOG act

  11. #11
    Initiate padstowe's Avatar
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    Thanks peps, am thinking about taking it futher but if the truth be told my friend done the ordering for me so i reckon she would be the one who would have to take the action & am not sure if i want to put her to all the trouble.

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