Distance Selling question

  Graham ® 19:24 06 Apr 2006

A new security camera I bought, delivered last Tuesday, is not as described on the website, and is no use to me. I have indicated I will return it, at my expense, for a full refund, including the original delivery charge.

The vendor says they will deduct a 'handling charge'. Surely they cannot do this?

  Totally-braindead 19:44 06 Apr 2006

Now someone asked this a couple of weeks ago, I'll see if I can find the link again.

  Totally-braindead 19:47 06 Apr 2006

This is what I was thinking of click here not exactly the same I admit, if his description doesn't match the product actually received I would say that he/she has no right to charge you for anything. But I'm not a lawyer.

  realist 19:47 06 Apr 2006

They must refund your money as soon as possible, and in any case within 30 days, and are not permitted under the Distance Selling Regulations 2000 to make any further charge

  spuds 19:55 06 Apr 2006

If you return the goods in the same conditions as they were delivered within the seven day rule, then the seller cannot make any 'handling charge'.The seller is within their rights to refuse to refund the original delivery charge, hence possibly their reference to an handling charge.The seller should also display certain facts on their website under the Consumer Protection (Distance Selling) Regulations 2000. One of which, is the right to cancel the order.

If the goods are not as described, then the seller is committing an offense under the terms of the Supply of Goods and Services Act 1982.You could then make a claim for a full refund, including the original delivery charge and the return delivery charge.

  Graham ® 20:01 06 Apr 2006
  ade.h 20:07 06 Apr 2006

Spuds knows his stuff; the seller is not permitted to make any additional charges and you can demand that your return shipping costs be refunded. Include a note of the shipping cost if possible. Basically, because this situation is the seller's fault and not yours - due to the misdescription - you are entitled to be put back into the position that you were in prior to this issue arising. That's what the DSD was designed for.

  Graham ® 20:36 06 Apr 2006

Thanks all.

  ray7 21:34 06 Apr 2006

I,ve checked the websit and they do have terms and conditions which don't look oo healthy to me.
They do specify a handling charge of 20% for electronic goods returned 'if the box has been opened and even if unused'

There is no address shown and the UK telephone number is shared with 'Sylvester Jewellers'

In English Law, you have rights but question is, where are this oufit operating from.

I hpe his will not spell problems for you. Good Luck

  spuds 21:56 06 Apr 2006

Just had a look at the website, and some things have come to light.

The website doesn't strictly comply with the rules set down in the Consumer Protection (Distance Selling) Regulations 2000.

The site gives reference that the goods can be collected either from Wellingborough or Reading, no actual address, you have to email them for this information!. If you look at eBay under security etc, you will find very similar items at a much cheaper price being imported from Hong Kong. In fact, some of the photographs have been used on other eBay sites.

They mention that there is a 20% restocking fee, that's a definite no-no, as far as UK consumer law is concerned.Other articles of the site, could possibly be in contravention of UK consumer laws.

Distance Selling Regulations (23 pages) click here

Trading Standards leaflets click here

  Graham ® 22:01 06 Apr 2006

Thanks, found it now. 'We offer a 7 day returns policy. Returns made within 7 days of receipt qualify for a full refund'.

Watch this space!

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