returning goods ordered on internet?

[devonwoody]

I purchased a pair of crutches last month (via an amazon source). my NHS physiotherapist advised me not to use and would discontinue if I disregarded her advice on treatment.

I attempted to return via amazon (got authorisation to do so) but the supplier wants me to bear carriage both ways.

I did only place the order with the feeling I could return order at the time and past experience that carriage costs are included.

What exactly is the law on this thing when items are ordered on line?
(can the vendor legally claim at order time that he will charge for all carriage on returns)

 

[flh801978]

Morally you should pay postage both ways
You ordered them the company sent them in good faith you changed your mind why should the supplier be out of pocket
Ian

 

[AndyT]

This used to be covered by the Distance Selling Regulations but they were replaced in 2014 by the Consumer Contracts Regulations.
If you exercise your right to change your mind and return goods bought online then the seller must refund what you paid plus the basic cost of delivering them to you in the first place.
Whether they will pay your cost of sending them back is a matter of supplier policy but they must tell you their policy before you place your order.

For a full explanation try http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

 

[Beau]

Morally you should pay postage both ways
You ordered them the company sent them in good faith you changed your mind why should the supplier be out of pocket
Ian

Exactly =D>

 

[devonwoody]

Morally you should pay postage both ways
You ordered them the company sent them in good faith you changed your mind why should the supplier be out of pocket
Ian

Exactly =D>

But that is what buying unseen is all about, you have the right to change your mind after seeing goods.
In this instance I morally accept the vendor should not refund but the law is the law when it suits the other side too.

But regarding returns if the contract at time states vendor will not refund carriage costs can he refuse?

 

[marcros]

have you used them?

 

[devonwoody]

have you used them?

No, they are unopened still as arrived.

I ordered on the basis that amazon never refused returns within a time frame, and knowing at the time I could return I thought for any reason which was the usual with amazon.

The modern way of shopping on line?

 

[RogerP]

The last item I returned to Amazon I had to pay the return postage as there was nothing wrong with it I just changed my mind. I accepted that as being fair.

 

[flh801978]

But you bought them from a amazon marketplace seller not from amazon themselves so marketplace terms apply

 

[devonwoody]

The last item I returned to Amazon I had to pay the return postage as there was nothing wrong with it I just changed my mind. I accepted that as being fair.

But if you thought that the item after seeing it was not the quality you expected at the price would you still not then expect no carriage costs?

 

[devonwoody]

It would appear after reading the link posted by Andy the 2014 regulations the vendor has the right to charge carriage if he states such at time order was placed, didn't see the regs. for faulty goods and quality tho.?

 

[Phil Pascoe]

But you're not questioning the quality - you're returning them as unsuitable.

 

[RogerS]

But you're not questioning the quality - you're returning them as unsuitable.

Exactly. Stump up.

 

[devonwoody]

But you're not questioning the quality - you're returning them as unsuitable.

Accept. but what if the quality at price is not acceptable have we lost the right we used to have?

(Not expecting to now get and accept I will not get carriage costs returned but I thought I had that right but it appears that went in 2014 and seemed to have crept in unnoticed by many)

 

[devonwoody]

But you're not questioning the quality - you're returning them as unsuitable.

Exactly. Stump up.

Accept your comment.

But it now appears that the right to return without carriage charges has gone since 2014 and naturally I cannot now order without checking each supplier re their terms, I did not know at the time I placed the order but now know.

 

[RogerS]

You never had that right so nothing 'has crept in'.

Quality is a judgement call. Quality at price even more so. Usually settled in the courts if you do want to push it. You still have to pay return costs unless their ToC state otherwise.

 

[RogerP]

Take another scenario.

You go to town to buy something when you get home and try it out you find it doesn't do the job or it breaks. So you take it back to the shop.

Do you expect them to refund your fare or petrol costs?

 

[devonwoody]

I accept that some members here are vendors and some are only consumers so have different outlook on this subject, but we did have the right to order on line sometime in the past I thought and return at no costs .

I do remember times in the past when purchases were made from retailers and they sometimes sweetened the transaction if return problems arose, but was voluntary.
So myself I will most probably only order on line when I have looked at the terms more closely and decide the decision on different terms to what I would have done in earlier years.

The internet is handy for long distance purchasing and I expect will always be.

 

[AndyT]

I accept that some members here are vendors and some are only consumers so have different outlook on this subject, but we did have the right to order on line sometime in the past I thought and return at no costs .

Trying hard to stick to the facts of what the law is or was, and avoiding any discussion of morality or justice, I think you will find that although some people were under the impression that they could return goods bought online without incurring carriage for either delivery or return, the law did not grant that as a right. (Some vendors may offer it as an extra inducement, or for a limited period only.)

If you explore a bit on the site I linked to you will find the page on the (now superseded) Distance Selling Regulations ( http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations) which says:

What should you get back?

The original cost of the outbound postage to you should always be refunded by the seller.

The seller's terms and conditions or returns policy should state who pays the cost of returning the item.

If they don't state this, then the seller has to cover the cost.

In this case, you're entitled to a refund of the total amount you paid, including costs to ship the item to you, and the fee to return the item. No admin or restocking fees should be charged.

Unfortunately, the Consumer Association does not say what happens now if the vendor fails to provide the legally required information about returning goods and I don't have time to go and read the whole regulations.

But rest assured, if the goods are faulty then their current summary of the law says this

Returning faulty goods

If you receive faulty goods and wish to return them, The Consumer Contracts Regulations are in addition to your other legal rights.

So, if your goods are faulty and 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 must cover the cost of returning an item wouldn’t apply where the goods being returned are faulty.

 

[devonwoody]

Thanks Andy.

Your reply covers the thread post and was what I wanted to know.