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General Chat Thread, Return postage to merchant on wrong item in General; I think I have this right but wondered if anyone knew more about this: I ordered a present for my ...
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    sparkeh's Avatar
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    Return postage to merchant on wrong item

    I think I have this right but wondered if anyone knew more about this:

    I ordered a present for my niece's 2nd birthday from a web retailer and made sure the description said it was suitable from 2+. When it arrived the box and instructions said it was suitable from 3+. Therefore I contacted the company and said that I wanted to return it and as it wasn't as advertised, due to the Distance Selling Regulations, I wouldn't have to pay the return postage.

    The merchant replied stating that they has tested the item and it was suitable for 2+. This of course was nonsense so I called them on it and they dropped it. Now they are refusing to pay the return postage as its not in their T&Cs. I have quoted the relevant passages of the DSR clearing showing that they have to pay for the return but they are still refusing and have now turned hostile, basically calling me stupid and mocking me for not understanding the DSR.

    My next move is to contact them one last time and inform them that I am contacting the bank to order a chargeback on the transaction and that once I have the money back the goods will available for collection at their leisure.

    Can anyone see any problem with this?

  2. #2

    mac_shinobi's Avatar
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    CAB or trading standards as like you said ref distance selling regulations

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    sparkeh (2nd September 2013)

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    Cache's Avatar
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    Have a look through this leaflet and perhaps send it on http://www.oft.gov.uk/shared_oft/bus...ral/oft913.pdf

    Or take a glance through all the guidance and see if there is anything else Distance Selling hub
    Last edited by Cache; 2nd September 2013 at 10:40 AM.

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    sparkeh (2nd September 2013)

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    sparkeh's Avatar
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    Quote Originally Posted by Cache View Post
    Have a look through this leaflet and perhaps send it on http://www.oft.gov.uk/shared_oft/bus...ral/oft913.pdf

    Or take a glance through all the guidance and see if there is anything else Distance Selling hub
    Thanks, I did send that guidance over with relevant passages quoted and it kinda went quiet. I kinda suspect they know they are in the wrong now. If they don't respond soon I will go down the chargeback and contacting Trading Standards route.

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    plexer's Avatar
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    To save the hassle though have you spoken to her parents and asked them if the present would be ok?

    In our experience the age ranges quoted on most toys is just guidance based on the child's actual ability but you do have to be extra careful with the younger children.

    Some good guidance on the ROSPA website:

    Toy Safety | Product Safety Advice and Information | Home Safety | RoSPA

    Particularly:

    8. Children under three years of age should never be allowed to play with toys which are marked as being unsuitable for them.

    HTH.

    Ben

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    sparkeh (2nd September 2013)

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    sparkeh's Avatar
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    Quote Originally Posted by plexer View Post
    To save the hassle though have you spoken to her parents and asked them if the present would be ok?
    Well we did consider this but I just think that if anything did happen, even if the parents said it was ok, we would still be the people who gave her an unsuitable toy and we not prepared to do this.
    Quote Originally Posted by plexer View Post
    In our experience the age ranges quoted on most toys is just guidance based on the child's actual ability but you do have to be extra careful with the younger children.

    Some good guidance on the ROSPA website:

    Toy Safety | Product Safety Advice and Information | Home Safety | RoSPA

    Particularly:

    8. Children under three years of age should never be allowed to play with toys which are marked as being unsuitable for them.

    HTH.

    Ben
    Thanks, that's really helpful actually in showing that the toy is not fit for purpose.

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    sparkeh's Avatar
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    Just an update, I wrote a final letter to the company informing them that Trading Standards were on standby to contact them and hey presto, they were falling over themselves to arrange a next day pickup and refund the item.

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    hardtailstar's Avatar
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    Quote Originally Posted by sparkeh View Post
    Just an update, I wrote a final letter to the company informing them that Trading Standards were on standby to contact them and hey presto, they were falling over themselves to arrange a next day pickup and refund the item.
    Its funny how the use of Trading standards can reduce companies to backtracking.

  12. #9

    sparkeh's Avatar
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    Quote Originally Posted by hardtailstar View Post
    Its funny how the use of Trading standards can reduce companies to backtracking.
    Heh yeah let me compare responses:

    Before TS: "We have no mechanism for picking up returns, we will not not pick up your item and that's the only answer you are going to get from us!"
    *silence*
    After TS: "When would be a convenient time for the courier to pickup your item?"

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    AngryTechnician's Avatar
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    It may well have been genuine ignorance. Once on a time I worked in a business services agency and we had no end of small traders who were completely oblivious as to what the regs were.

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    sparkeh's Avatar
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    Quote Originally Posted by AngryTechnician View Post
    It may well have been genuine ignorance. Once on a time I worked in a business services agency and we had no end of small traders who were completely oblivious as to what the regs were.
    Oh I believe it started as ignorance as the person I was dealing with was shouting "I KNOW THE REGULATIONS BETTER THAN YOU!" at me and genuinely believed it.
    However, he didn't know better and the copy of the DSR I sent with relevant passages quoted for his perusal showed him the error of his ways. After this I believe that it was sheer bloody mindedness that stopped him from doing the right thing and possibly hoping we would drop it. But I don't drop things like that out of my own bloody mindedness and the fact that I have come across this a few times in the past.

    Yes I agree that there appears to be a lot of ignorance from retailers on this kind of thing. It is our duty to educate them

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    Quote Originally Posted by sparkeh View Post
    Oh I believe it started as ignorance as the person I was dealing with was shouting "I KNOW THE REGULATIONS BETTER THAN YOU!" at me and genuinely believed it.
    However, he didn't know better and the copy of the DSR I sent with relevant passages quoted for his perusal showed him the error of his ways. After this I believe that it was sheer bloody mindedness that stopped him from doing the right thing and possibly hoping we would drop it. But I don't drop things like that out of my own bloody mindedness and the fact that I have come across this a few times in the past.

    Yes I agree that there appears to be a lot of ignorance from retailers on this kind of thing. It is our duty to educate them
    I've often said that any person or company can make a mistake and its how well they move to correct that that shows their true worth... or lack of it in this case. Still all's well that ends well by the sound of it.

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    sparkeh's Avatar
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    Quote Originally Posted by Roberto View Post
    I've often said that any person or company can make a mistake and its how well they move to correct that that shows their true worth... or lack of it in this case. Still all's well that ends well by the sound of it.
    Totally agree. I had the same problem a few months ago. When I rang that time, the guy stated their terms and conditions, I quoted the DSR, he apologised and thanked me for putting him straight and amended their terms and conditions. No problem
    This other character though...

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