Sale of Goods Act and Distance Selling - Refunds

[DWS]

I thought I would highlight a recent situation I found myself in for the benefit of other members who might find themselves in a similar situation.  Many members may already be aware of the Sale of Goods Act and Distance Selling Regulations in respect of faulty goods, but I think it is worth highlighting it for those who may not be aware of it.

I recently purchased a locomotive from the website of a model railway dealer paying via Paypal however, when the loco arrived I discovered that it was faulty and wouldn't run.  I contacted the dealer and explained the situation, saying I wished to return the loco for a full refund and that I did not want a replacement or repair.  The dealer told me that I could return the loco but that they did not refund return postage, I was not offered any other alternative for getting the loco back to them.  I also noted that the T&Cs on the dealer's website says they do not refund return postage.  I packaged up the loco in the original packaging and posted the loco back to the dealer, sending it 1st Class Signed For (the method quoted for returns in the dealer's website T&Cs). I also enclosed a letter stating the nature of the fault and asking for a full refund, including a refund for the return postage.  I also emailed the dealer saying that I had posted the faulty loco to them and that I expected to receive a full refund including the cost of the return postage.

Three days later I received a refund for the loco and the original postage into my Paypal account, there was no refund of the return postage.

I again emailed the dealer pointing out that to comply with the Sale of Goods Act 1979 (as amended) in respect of Distance Selling Regulations they were bound by law to refund any return postage for faulty goods and quoted the exact regulation in regard to Businesses, which is:

Sale of Goods Act 1979 (as amended)
Distance Selling Regulations
Regulation 17
Para 3.57 - "If the goods are faulty or do not comply with the contract, you will have to pay for their return, whatever the circumstances".

I am happy to report that I have now received a refund for the Return Postage.

If you find yourself in a similar situation do not be fobbed off, you have rights.  If an item you buy on the internet is genuinely faulty, the business you purchased it from is bound by law to cover the cost of you returning the item to them.  Most will arrange a collection at their cost, but if they do not and you have to post it back yourself, you are entitled to a refund of that cost. (There are different regulations covering Private Sellers).

Don't be put off by Terms & Conditions on a dealer's website, in a case of returning genuinely faulty goods, the law trumps their T&Cs.

Be polite, be reasonable and be patient but don't give up.

Hope this helps.

[cjdodd]

Yes you are right, a lot of T&C's are in fact null and void, it's just a case of knowing your rights.

Well done on getting the refund though and not letting them get away with it.

[FeelixTC]

The 'Distance Selling' rules are mighty powerful; you basically have 14(I think?) days to 'consider' your purchase and can return the item, for whatever reason, for a full refund.

I used this tactic to send back and obtain a full refund on a sofa my mo-in-law foolishly bought from CSL, if it can beat them; it can beat anyone. 

[Agrippa]

Useful info there1

[Ian Morton]

If it is faulty you are covered by sale of goods and should get the cost of returning the item back.

If you don't like it, purchased it in error, have been told to get a refund by your significant other, etc. then it is covere by distance selling and it is up to the retailer if you get the cost of returning the item back.

It is a small, but important, difference.

[FeelixTC]

Indeed; I didn't get a refund on delivery, but they collected it for free. We still considered that a 'win' - it was a truly horrible sofa!

[FeelixTC]

........incidentally; they (CSL) tried to wriggle out of it by claiming that all their sofas are 'made to order' and under those circumstances distance selling regs did not apply. I had to argue that one; it's only if items are made to a customers specification that the laws do not apply.

[dodger]

The 'Distance Selling' rules are mighty powerful; you basically have 14(I think?) days to 'consider' your purchase and can return the item, for whatever reason, for a full refund.

I used this tactic to send back and obtain a full refund on a sofa my mo-in-law foolishly bought from CSL, if it can beat them; it can beat anyone. 

The 'distance selling' rules changed on the 13 June when they were replaced by "The Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013" came into force. These state that in the event of a cancelled  contract all charges except for the extra cost of special deliveries must be reimbursed within 14 days of the contract being cancelled provide the seller has received the goods.

Dodger

[Ian Morton]

There was no change to the return postage regulations.

As before, the trader must make clear who pays return postage. This can be the buyer or the seller.

If the trader does not indicate that the buyer pays return postage BEFORE the sale is made (i.e. in terms and conditions that the buyer is supposed to read but usually doesnt) then the seller has to pay.

[MJKERR]

Sale of Goods Act 1979 (as amended)
Distance Selling Regulations
Regulation 17
Para 3.57 - "If the goods are faulty or do not comply with the contract, you will have to pay for their return, whatever the circumstances".

Good that the retailer finally agreed to offer the refund of the return postage
However, in the Act "you" is the purchaser and not the retailer
"The purchaser will to pay for their return"

[Ian Morton]

Sale of Goods Act 1979 (as amended)
Distance Selling Regulations
Regulation 17
Para 3.57 - "If the goods are faulty or do not comply with the contract, you will have to pay for their return, whatever the circumstances".

Good that the retailer finally agreed to offer the refund of the return postage
However, in the Act "you" is the purchaser and not the retailer
"The purchaser will to pay for their return"

Not true. That part is directed to the retailer who has to bear the cost of returns for faulty goods, goods sent in error or goods that do not match the specification in the contract.

[DWS]

As I said, the regulation is directed to the Business (Seller) not the customer.  The "You' in the regulation is the seller.

Also, The Consumer Contracts Regulations are in addition to your other legal rights.

So, if you receive faulty goods and they don't do what they're supposed to, or don't match the description given, you have the same consumer rights under the Sale of Goods Act as you have when buying in store.

Any terms and conditions that say you (the customer) must cover the cost of returning an item wouldn't apply where the goods being returned are faulty.

Anyway all I was trying to say was, under current legislation, if you purchase faulty goods you don't have to pay the return postage costs, this is down to the seller.

[dodger]

There was no change to the return postage regulations.

As before, the trader must make clear who pays return postage. This can be the buyer or the seller.

If the trader does not indicate that the buyer pays return postage BEFORE the sale is made (i.e. in terms and conditions that the buyer is supposed to read but usually doesnt) then the seller has to pay.

Sorry my mistake. However, the buyer can agree to pay return costs if he wishes otherwise the seller has to pay.

Dodger