Who pays for postage when returning an item?

[YMW]

Does the retailer pay for return postage of an item or the buyer?
Is there a legal requirement or is it down to the retailer's choice?
I know for eg that I recently returned something to Amazon and as it was their fault for sending the wrong item they payed for return postage, however I just read on a site that the buyer has to pay return postage even if it was the retailer's fault for sending the wrong item or a damaged item.

I would think if a seller sends the wrong item that they should pay the return postage but if the buyer wants to return something because they don't like it then they should pay the return postage.

What do you think?

[autolycus]

IANAL, but I think that broadly speaking if a customer returns something just because they change their mind or don;t like it then they have to pay return postage.

If the otem is returned due to a shipping error, faulty goods, etc (i.e. something that is down to the merchant) then the customer does not have to pay the return shipping costs.

That, however, does not stop a lot of retailers claiming otherwise. I had a lengthy argument about this once with www.scan.co.uk who wanted me to pay to return a faulty item to them. They eventually gace in when I told them the law required them to pay. (NB I can't remember now if I actually checked the legal situation before saying this, but it worked anyway). :wink:

Maybe ask this question in Legal so Jonathan sees it....

[Claire B]

If the item is faulty, or the wrong goods are sent, then the seller should pay for postage.

If the buyer has simply changed their minds, then they should cover postage costs and the seller only reimburses them (cost of order minus P&P), when the goods arrive back safely and in their original condition.

[bwglaw]

The following link may be a useful read:

DTI - Distance Selling and Ecommerce (http://www.dti.gov.uk/ccp/topics1/ecomm.htm)

DTI - Sale and Supply of Goods (http://www.dti.gov.uk/ccp/topics1/saleandsupply.htm)

The above may not answer your question directly but:

Reg.8(2)(b)(ii) of the Consumer Protection (Distance Selling) Regulations 2000 (http://www.opsi.gov.uk/si/si2000/20002334.htm) states that: information as to whether the consumer or the supplier would be responsible under these Regulations for the cost of returning any goods to the supplier, or the cost of his recovering them, if the consumer cancels the contract under regulation 10;

I do not specialise in Consumer Law therefore I would need to do further research to address any of the specific points in your original post, but as a general rule I would suggest that you meet postage cost of any damaged items returned, provided they are returned within 7 days. As you will see above, you need to make it clear to your consumers what your returns policy is.

[crus]

As HandsOn says,

the distance selling act is key, you must stipulate your returns policy, otherwise it defaults to some outrageous timescales. Firm but fair was the route we took. Once you have it sorted, squeeze it on a sheet of a run a remm through your printer and then reload it so that its on the back of every invoice. Make sure this info is on the site as well. Not a legal boffin, but had to sort this out for our etail stuff previously.

D