Distance Selling Regulations Help

[Gforster]

We sell Bathrooms online and our terms and conditions state that all items must be checked at the point when they are signed for, otherwise not to accept them. We do understand that the Distance Selling Regulations say that you have to give the customer 7 days to return the goods and request a refund and in reality we give more than that for good customer service.

Recently however we have had a few bathroom mirrors returned where quite clearly the customer has broken the item trying to fit it themselves or their fitter was a little over eager. We also have had a few other items returned which look as though they have been damaged by the customer and not in transit.

Today we have had a customer complain that an item they bought from us was broken and they want an immediate replacement, however the item was bought well over 2 months ago ! Clearly I suspect that this was not caused in transit.

Where do we stand on this issue, I would like to take a stand and say no enough is enough...

opinions ?

 

[NikM]

We do understand that the Distance Selling Regulations say that you have to give the customer 7 days to return the goods and request a refund and in reality we give more than that for good customer service.

You've answered your own question. If you worked on the High Street, you would expect the customer to return faulty goods within an acceptable time. On-line is no different.

 

[Joanne_UK]

I think that customers have enough time (7 days) to inspect the goods and return them if they don't want them or if they are broke during transit.
However, I do not think it is practical to ask the customer to inspect the goods before signing for the delivery. The courier are not usually patient and all they want is the signature so that doesn't really give the time for the customer to inspect the goods correctly.

If I was in your situation I would not refund the person and politely refer them to the terms and conditions that they accepted when they ordered from you.

 

[Gforster]

However, I do not think it is practical to ask the customer to inspect the goods before signing for the delivery. The courier are not usually patient and all they want is the signature so that doesn't really give the time for the customer to inspect the goods correctly.

If I was in your situation I would not refund the person and politely refer them to the terms and conditions that they accepted when they ordered from you.

We do understand that it is impractical to enforce this but we leave it in to enforce the point really that we are more generous that perhaps we need to be (we give around 14 days from Proof of Delivery to be contacted regarding breakages).

We have indeed politely told the lady the situation and offered to sell her a replacement item at cost price and we will pay for delivery. This means that we will still be out of pocket but only by a delivery charge and the customer gets a replacement for the minimum amount possible.

However the customer has gone to trading standards and tells me that I have to give a replacment regardless of time which I find hard to believe, technically this means that any every customer we have sold to since we started could still claim a refund !

Thanks for the replies though guys it's amazing how quick people respond on here !

 

[Joanne_UK]

I think you should contact trading standards directly yourself to see what they are saying about this situation. I would be curious to know what their reply is...

 

[Gforster]

I am in the process of doing so at the moment, just wanted peoples opinions on here as a first port of call...

I will however let you know the outcome / progress.

 

[prefab]

Hi, we operate in a similar environment to you. If they have signed for it as undamaged from the carrier then they are on very thin ice to start with. Our T&Cs allow a period of grace because we know that it's impractical to check some of our items on the doorstep, but we expect the boxes to be opened and items physically inspected within that time period with any damage reported and accept no claims for transit damage after that. Just as we the retailers have to play by the rules of the DSRs, the customers failure to read T&Cs before purchase is no defence for them.

Suggestion for the future: Put a sticker on your boxes etc reminding customers to check fully their items on receipt and tell them where they can find your T&Cs so there can be no misunderstanding. You may find less will try it on with you as well.

In our early days we had people recieve items and try up to 6 months after receipt to claim transit damage.

 

[MH1]

They haven't a hope of getting trading standards involved

 

[ellisn]

Gforster

What do you specify in your T&Cs?

 

[AlphOmega]

I think that customers have enough time (7 days) to inspect the goods and return them if they don't want them or if they are broke during transit.

I believe if the item is delivered broken that the customer only has to make the item available for collection and does not have to send back.

An item such as a mirror can be clearly inspected for damage upon receipt so 7 days is more than enough for this type of item.

They chance you, call their bluff and tell them to sod off!

 

[aaamusements]

Something that a few of us on another forum find useful, particularly when selling on Ebay, is this.
If someone has a complaint of this sort of nature, and only if we suspect they are trying to rip us off, we send them an official looking and slightly complicated "claim form".
It soon sorts out the people with a real grievance from the chancers and conmen!

 

[streetslocal]

Today we have had a customer complain that an item they bought from us was broken and they want an immediate replacement, however the item was bought well over 2 months ago ! Clearly I suspect that this was not caused in transit.

Where do we stand on this issue, I would like to take a stand and say no enough is enough...

opinions ?

Distance selling regaulations offer a 7 day cooling off period,two months tell her in a polite manor to get stuffed.

For all the regulations in regards to DSR check the foloing link:

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0051-1111.txt

 

[lesliedocherty]

Old thread i know,

I bought 20 lights, they arrived today and they dont fit, i need to swap for others, the website states there is a 25% re-stocking fee, but i believe that this is not allowed under DSR, is this the case.

 

[aaamusements]

Old thread i know,

I bought 20 lights, they arrived today and they dont fit, i need to swap for others, the website states there is a 25% re-stocking fee, but i believe that this is not allowed under DSR, is this the case.

I can't find anything in the regulations about a restocking fee from having a quick look.
Were the goods wrongly described or was the mistake your own?