Distance Selling Regulations and the word "insist"

[deniser]

I had a conversation with a consumer advice person today about the DSR and the fact that you have to refund a customer who cancels an order whether or not they have returned the goods. The wording of the regulation is that you can't "insist" on the goods having been returned.

This adviser thought that the use of the word "insist" didn't prevent you from asking for the goods to be returned before giving a refund. "Insisting" is very much a last resort so that if it ended up in court that would be the point where you could "insist" no more. But until that point you could stand your ground and "ask" for the goods to be returned before giving the refund.

I thought it was an interesting interpretation and reflects what happens in practice.

 

[alanc]

I think this might be misunderstanding of the word 'insist' is referring to.

from para 3.58

In these circumstances you cannot insist that consumers return the goods as new or in their original packaging

(my bold)

from para 3.60​

The DSRs do not require the consumer to return the goods but if the contract says the consumer must return them and they do not, you can charge them for the direct cost of recovery.​

Seems pretty clear to me. Its down to what you've put in your T's & C's​

 

[Shopping365Group]

I think this might be misunderstanding of the word 'insist' is referring to.

from para 3.58(my bold)

from para 3.60​

Seems pretty clear to me. Its down to what you've put in your T's & C's​

Well spotted Alen, interesting stuff.

 

[kulture]

All the distance selling regulations require of a customer is that they look after the goods and make them available for collection. As a retailer you HAVE to refund a cancelled order within 30 days regardless of whether the items have been returned. (clearly I am assuming here that the customer canceled in the right timescale etc etc)

 

[FreelanceSoftwareDeveloper]

All the distance selling regulations require of a customer is that they look after the goods and make them available for collection. As a retailer you HAVE to refund a cancelled order within 30 days regardless of whether the items have been returned. (clearly I am assuming here that the customer canceled in the right timescale etc etc)

That's correct BUT if you have stated in your T's & C's that the customer is responsible for the cost of returning the goods or the cost of recovery you can invoice them.

The bit i'm unsure of is can you deduct the cost of recovery from the refund or do you have to refund in full and invoice the cost of recovery. It could come down to timescales again if the customer says they will return it then after 30 days decides to only make it available for collection you will have to give the full refund then invoice the cost of collection.

I expect many people would ignore the invoice and it wouldn't be worth pursuing.

 

[deniser]

I think this might be misunderstanding of the word 'insist' is referring to.

from para 3.58(my bold)

from para 3.60​

Seems pretty clear to me. Its down to what you've put in your T's & C's​

Look as though the adviser was talking rubbish then!

Thanks for clarifying - must read them again, it's been a while..