From: Usenet Nutter on
I ordered some stuff yesterday from a local coffee company and
today,while browsing through the site saw this displayed .

"Returns

The Long Distance Selling Regulations apply to mail order customers
only, where you have up to seven days from receiving your order to
return it for a refund. The item(s) must be un-opened, un-used and in
the original packaging. The customer should then ensure the item(s)
are sufficiently packaged and also within an outer-packaging for
protection and return the goods back to us enclosing a copy of the
original receipt with a note confirming that you are returning the
goods within seven days. We will then issue a credit for the item(s)
less a �15 surcharge to cover both our delivery, packaging and
administration costs. Should the items arrive back "not as new" then
a full refund will not be given. "

Looking at the oft.gov.uk website my reading is that everything you
paid as a customer must be refunded . I'm also not sure what this
company means by "issue a credit" .They may mean a refund by the same
method as it was paid but it's not clear .

Any ideas ?
From: zaax on
Usenet Nutter wrote:

> I ordered some stuff yesterday from a local coffee company and
> today,while browsing through the site saw this displayed .
>
> "Returns
>
> The Long Distance Selling Regulations apply to mail order customers
> only, where you have up to seven days from receiving your order to
> return it for a refund. The item(s) must be un-opened, un-used and in
> the original packaging. The customer should then ensure the item(s)
> are sufficiently packaged and also within an outer-packaging for
> protection and return the goods back to us enclosing a copy of the
> original receipt with a note confirming that you are returning the
> goods within seven days. We will then issue a credit for the item(s)
> less a �15 surcharge to cover both our delivery, packaging and
> administration costs. Should the items arrive back "not as new" then
> a full refund will not be given. "
>
> Looking at the oft.gov.uk website my reading is that everything you
> paid as a customer must be refunded . I'm also not sure what this
> company means by "issue a credit" .They may mean a refund by the same
> method as it was paid but it's not clear .
>
> Any ideas ?

your right and the �15 surcharge is too much. Don't buy from them.

--
---
zaax
Frustration casues accidents: allow faster traffic to overtake.
From: "Nightjar "cpb" on
Usenet Nutter wrote:
> I ordered some stuff yesterday from a local coffee company and
> today,while browsing through the site saw this displayed .
>
> "Returns
>
> The Long Distance Selling Regulations apply to mail order customers
> only, where you have up to seven days from receiving your order to
> return it for a refund.

Seven *working* days, excluding Saturday and Sunday and then only if the
company has notified you of your rights 'in a durable medium'. A notice
on a web site is not a durable medium. An email or infomation printed on
the delivery note is. If that condition is not met, the period for
return is extended by up to 30 days, or is seven working days from when
you receive the notification.


> The item(s) must be un-opened, un-used and in
> the original packaging.

Only true for certain items, such as CDs and software. Otherwise you
have the same right to inspect as you might expect to have in a shop,
which can require opening to various degrees, depending upon the goods.
It would probably be unresonable to open sealed packages that protect
perishable goods from deterioration, for example.

> The customer should then ensure the item(s)
> are sufficiently packaged and also within an outer-packaging for
> protection

You have a duty of care for the goods and this would seem to be a
reasonable statement of how to exercise that duty.

> and return the goods back to us enclosing a copy of the
> original receipt with a note confirming that you are returning the
> goods within seven days.

A reasonable request, but the customer is not responsible for the cost
of returning the goods, unless the terms and conditions state otherwise.
I am not entirely sure that a direction to return the goods without
specifically stating you are responsible for the cost of doing meets
that provision of the regulations.

> We will then issue a credit for the item(s)
> less a �15 surcharge to cover both our delivery, packaging and
> administration costs. Should the items arrive back "not as new" then
> a full refund will not be given. "

Totally wrong. The regulations require that the position after the
return shall be as if the contract had not existed, which means you
should get back all the money paid. There is also no requirement for the
goods to be returned 'as new', although you must have taken reasonable
care of the goods while in your possesion. The DSRs are not kind to
online retailers.

> Looking at the oft.gov.uk website my reading is that everything you
> paid as a customer must be refunded . I'm also not sure what this
> company means by "issue a credit" .They may mean a refund by the same
> method as it was paid but it's not clear .

I was struck by the vagueness of that too.

Colin Bignell
From: Mike on
In message <j310h59l74q3bqukis9qf3mbglf8badlk0(a)4ax.com>
at 16:59:41 on Fri, 27 Nov 2009, Usenet Nutter
<individualnet(a)takeoutmyteethgmail.com> wrote
>I ordered some stuff yesterday from a local coffee company and
>today,while browsing through the site saw this displayed .
>
>"Returns
>
>The Long Distance Selling Regulations apply to mail order customers
>only, where you have up to seven days from receiving your order to
>return it for a refund.
>
Never heard it called the *LONG* Distance Selling Reg's before.
--
Mike News
From: Peter Crosland on


--
Peter Crosland
"Nightjar <"cpb"@" <"insertmysurnamehere> wrote in message
news:LrCdnV1GSImnkI3WnZ2dnUVZ8g6dnZ2d(a)giganews.com...
> Usenet Nutter wrote:
>> I ordered some stuff yesterday from a local coffee company and
>> today,while browsing through the site saw this displayed .
>>
>> "Returns
>>
>> The Long Distance Selling Regulations apply to mail order customers
>> only, where you have up to seven days from receiving your order to
>> return it for a refund.
>
> Seven *working* days, excluding Saturday and Sunday and then only if the
> company has notified you of your rights 'in a durable medium'. A notice on
> a web site is not a durable medium. An email or infomation printed on the
> delivery note is. If that condition is not met, the period for return is
> extended by up to 30 days, or is seven working days from when you receive
> the notification.
>
>
>> The item(s) must be un-opened, un-used and in
>> the original packaging.
>
> Only true for certain items, such as CDs and software. Otherwise you have
> the same right to inspect as you might expect to have in a shop, which can
> require opening to various degrees, depending upon the goods. It would
> probably be unresonable to open sealed packages that protect perishable
> goods from deterioration, for example.
>
>> The customer should then ensure the item(s)
>> are sufficiently packaged and also within an outer-packaging for
>> protection
>
> You have a duty of care for the goods and this would seem to be a
> reasonable statement of how to exercise that duty.
>
>> and return the goods back to us enclosing a copy of the
>> original receipt with a note confirming that you are returning the
>> goods within seven days.
>
> A reasonable request, but the customer is not responsible for the cost of
> returning the goods, unless the terms and conditions state otherwise. I am
> not entirely sure that a direction to return the goods without
> specifically stating you are responsible for the cost of doing meets that
> provision of the regulations.
>
>> We will then issue a credit for the item(s)
>> less a �15 surcharge to cover both our delivery, packaging and
>> administration costs. Should the items arrive back "not as new" then
>> a full refund will not be given. "
>
> Totally wrong. The regulations require that the position after the return
> shall be as if the contract had not existed, which means you should get
> back all the money paid. There is also no requirement for the goods to be
> returned 'as new', although you must have taken reasonable care of the
> goods while in your possesion. The DSRs are not kind to online retailers.
>
>> Looking at the oft.gov.uk website my reading is that everything you
>> paid as a customer must be refunded . I'm also not sure what this
>> company means by "issue a credit" .They may mean a refund by the same
>> method as it was paid but it's not clear .

All the above assumes that the buyer was a consumer.

Peter Crosland