DSR & Free Gifts

[deniser]

Just wondering whether, if you sent out a free gift with an internet purchase, and the buyer returned the purchase (for the sake of argument with a returns form and within the statutory time frame), but kept the free gift, whether that would effectively negate their rights under the DSR?

ie. assuming they are still entitled to return the item under the retailer's T&C, but because they kept the free gift they are not "cancelling" the contract?

 

[S-Marketing]

Just wondering whether, if you sent out a free gift with an internet purchase, and the buyer returned the purchase (for the sake of argument with a returns form and within the statutory time frame), but kept the free gift, whether that would effectively negate their rights under the DSR?

ie. assuming they are still entitled to return the item under the retailer's T&C, but because they kept the free gift they are not "cancelling" the contract?

I would assume it would depend on if the gift was seen as part of the contact of sale, or if it were perceived as just that, a free gift.

 

[OldWelshGuy]

I would imagine if it said 'free with any purchase' then the gift is forming part of the contract which they cancelled when they returned the item.
If however it said free with any order, then they could keep it as they ordered?

I could be wrong though, just my thoughts

 

[Fuzzy]

I have the same thoughts as OWG, as we looked into this to, but our products are non -returnable now in our T&C's.

 

[deniser]

Do you mean your T&C say they can't return anything but they can under the DSR?

 

[deniser]

I would imagine if it said 'free with any purchase' then the gift is forming part of the contract which they cancelled when they returned the item.
If however it said free with any order, then they could keep it as they ordered?

I could be wrong though, just my thoughts

Assuming it says "Free with any purchase" and they don't return the gift but do return the main item, contract cancelled or not?

 

[drounding]

If it isn't it may as well be because the chances of you getting the free gift back are probably nil.

 

[deniser]

If it isn't it may as well be because the chances of you getting the free gift back are probably nil.

I don't want the free gift back.

But I would like the DSR to not apply.

 

[drounding]

I don't want the free gift back.

But I would like the DSR to not apply.

Then perhaps you need to make it clear that the free gift does not form apart of the contract of sale in your T&Cs.

 

[deniser]

Sorry, just to clarify, I'm as usual trying to think of ways around the DSR because i don't like refunding postage charges.

 

[alanc]

deniser: There seems to be a long-running theme to your threads about returns. From other threads, I'm guessing that your in the clothing business in some way. One thing I've often read about selling clothes online, is that you have to allow for a high level of returns and factor it in to your costs. I don't think trying to get around the DSRs is going to work. However you look at it, the customer is entitled to return unwanted items. (I have to admit that I am in the fortunate position if getting very, very few returns - which is of little consolation to you).

 

[deniser]

deniser: There seems to be a long-running theme to your threads about returns. From other threads, I'm guessing that your in the clothing business in some way. One thing I've often read about selling clothes online, is that you have to allow for a high level of returns and factor it in to your costs. I don't think trying to get around the DSRs is going to work. However you look at it, the customer is entitled to return unwanted items. (I have to admit that I am in the fortunate position if getting very, very few returns - which is of little consolation to you).

Yes it's my favourite subject

Yes I sell clothing where returns are a fact of life.

The more we grow - and we are growing rapidly - the more will come back as the proportion never varies.

I spend a lot of time trying to find ways of reducing returns and their consequences as I am sure many people who sell clothes online do.

I am not trying to get round the returns per se (we have a very generous returns policy) but I am interested in finding ways around the postage issue - as all mail order companies do......

 

[alanc]

Are you large enough to have a returns postage account? That might help control the costs.

Is your generous returns policy strangling your business?

 

[deniser]

Are you large enough to have a returns postage account? That might help control the costs.

Is your generous returns policy strangling your business?

We don't pay the postage on the return leg but the DSR requires a refund for the outward journey.

No I don't feel strangled, I just think the DSR is not appropriate to current times and shopping habits.

 

[AndyP]

We don't pay the postage on the return leg but the DSR requires a refund for the outward journey.

No I don't feel strangled, I just think the DSR is not appropriate to current times and shopping habits.

LOL ....but you're the lawyer. Maybe you should take it up as a class action! I'll sign up if you do!

 

[uksurplus]

I'm no expert but we do not refund postage charges if someone simply returns an item under the DSRs.

If the item is faulty, incorrect, etc and it is our fault then it is only right to make sure the customer is not out of pocket.

We haven't had anyone claim that we are breaking any laws with this policy, although we do get people moaning about having to pay for postage on their returns.

We try to politely point out that we do not run an approval service, whilst acknowledging that shopping on line can be tricky sometimes.

 

[Alicatt]

Under the DSRs you have to refund the outgoing postage when the client cancels the order.

Many of our orders are multi item and we only refund postage if the whole order is returned. Otherwise the cost of the returned item is refunded.

It's a tricky one with a free gift. I have seen a company which did state in their t&cs that if you kept the free gift when returning an order, they would deduct the value of the free gift from the refund (think they did free postage so the p&p refund wasn't an issue).

If you are going to do this, make sure it's VERY clear in the t&cs.

 

[TotallySport]

I agree with the post above

 

[deniser]

LOL ....but you're the lawyer. Maybe you should take it up as a class action! I'll sign up if you do!

Someone on here a few months ago was writing about the injustice of the DSR to try to get it changed - we all gave our comments - I wonder what the outcome was?