The Distance Selling Regulations say customers should have a full refund
I bought an £86.89 autodialler from Security Warehouse to use with my burglar alarm. After receiving the item I realised it was too technical, so I cancelled after three working days.
Security Warehouse confirmed receipt of the returned item five days later and refunded me – but it deducted 20 per cent because I had not returned the item within 10 days of receipt, as stipulated on its website.
Chris Wills
Security Warehouse is not entitled to make this charge. The Distance Selling Regulations (DSRs) stipulate that a customer must have a full refund – this includes original delivery costs and the cost of the goods. A retailer cannot make deductions for administration or charge ‘restocking’ fees.
Neither can it make a deduction if goods are not returned within a stipulated time – the DSRs do not state a time in which goods must be returned. It says the consumer must only inform the retailer in seven working days, starting the day after receipt, that the goods are being rejected.
The consumer is only required to return the goods within a ‘reasonable’ time, which is not defined in the legislation. So Security Warehouse cannot legally enforce a 10-day return period.
It is up to the consumer to return the goods, usually at their expense but again this must be clearly stated on the website. If not, the retailer would have to refund that cost to the consumer too.
A new consumer law directive being discussed at the European Parliament may propose that the consumers should have 14 days in which to return unwanted goods.
This is more restrictive for UK consumers, but it should end the kind of terms and conditions that breach the DSRs. We contacted Security Warehouse and are waiting to hear back from the company.
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