Consumer right to reject or return an item bought online/distance sale.

[jumpy]

Hi, I was wondering if I could get some help understanding the law surrounding online/distant selling. A business online is selling a product. Within their return terms they state that the returns will be subject to a restocking and admin fee. They have confirmed this over the phone. These are not light items (~20kg). I thought there was legally a right for the customer/consumer to get a full refund if they initiate a return within 14 days after receiving the item?

I believe the legislation Consumer Rights Act 2015, section 45 right to reject applies here. I have also read: https://www.gov.uk/accepting-returns-and-giving-refunds

Please could you help me understand or correct me if I am wrong and also if possible, indicate the relevant sections of legislation for the following?
1. After the receiving the item, the customer/consumer must inform the seller within 14 days of receiving the item that they wish to return the item for a full refund and following that, the consumer has another 14 days to actually return the item? i.e. 28 days in total?
2. The customer/consumer does not have to state any reason for the returns.
3. The business must refund the customer/consumer in full if they have done the above?

Even though the government website above clearly states what I am asking, my doubt comes from the fact that they have already stated and confirmed something about their return policy and I cannot find the exact legislation which helps me understand my rights.
I want to buy something, I have read their terms which I think are unfair and unlawful, I really want the item and I am certain that I probably won't need or want to return it however this is distant selling, the items are expensive and it might not be the way I want. So will I have a leg to stand on in case I want to return for a full refund? Obviously the cost of returning (fuel or shipping) will be on me.

Thank you.

[atticus]

I don't think s45 of the Consumer Rights Act 2015 particularly helps you.

Look at sections 19 to 24: https://www.legislation.gov.uk/ukpga...ct-are-not-met

You have an initial 30 day period in which if the goods are not of satisfactory quality or fit for purpose you have the right to reject the goods and receive a full refund (s22).

Is the seller in the UK?

[Frank1]

You are covered by the Consumer Contract Regulations 2013.
See the article "Consumer Contract Regulations " at which.co.uk
For distance sales the retailer must inform the Consumer who pays for return postage.
IThe Consumer must notify the retailer they wish to return the goods within 14 days from the date of delivery
If the undamaged goods are returned within time, the business must refund the full cost of the goods plus standard delivery charge.

[Frank1]

You should be aware that items bought online from a retailer abroad, you still have the same rights in principle but they are harder to enforce in practice

[Frank1]

CCR are mandatory meaning any attempt by the business to restrict, exclude or weaken the consumer's rights is considered invalid and unenforceable.

[Manxman]

Hi, I was wondering if I could get some help understanding the law surrounding online/distant selling. A business online is selling a product. Within their return terms they state that the returns will be subject to a restocking and admin fee. They have confirmed this over the phone. These are not light items (~20kg). I thought there was legally a right for the customer/consumer to get a full refund if they initiate a return within 14 days after receiving the item?

I believe the legislation Consumer Rights Act 2015, section 45 right to reject applies here. I have also read: https://www.gov.uk/accepting-returns-and-giving-refunds

Please could you help me understand or correct me if I am wrong and also if possible, indicate the relevant sections of legislation for the following?
1. After the receiving the item, the customer/consumer must inform the seller within 14 days of receiving the item that they wish to return the item for a full refund and following that, the consumer has another 14 days to actually return the item? i.e. 28 days in total?
2. The customer/consumer does not have to state any reason for the returns.
3. The business must refund the customer/consumer in full if they have done the above?

Even though the government website above clearly states what I am asking, my doubt comes from the fact that they have already stated and confirmed something about their return policy and I cannot find the exact legislation which helps me understand my rights.
I want to buy something, I have read their terms which I think are unfair and unlawful, I really want the item and I am certain that I probably won't need or want to return it however this is distant selling, the items are expensive and it might not be the way I want. So will I have a leg to stand on in case I want to return for a full refund? Obviously the cost of returning (fuel or shipping) will be on me.

Thank you.

If the goods are not faulty in some way and this is a "change of mind" return, then it's not the Consumer Rights Act you want, it's The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 . See Part 3, paras 27 to 38.

Those regs give the consumer a right to cancel a "distance contract" (eg a purchase by 'phone or online or mail order etc), but note that some contracts/purchases are specifically excluded from the right to cancel. See paras 27 and 28 for what sort of purchases are excluded

Regarding your questions 1 - 3:

1. You are right about the 14 days from delivery to cancel and a further 14 days to return. But you've missed an important bit. It isn't enough to tell the trader that you want to return the goods, you have to clearly tell them you are cancelling the contract. See para 32(3) of the regs

2. Correct.

3. Yes. They have to refund what you paid for the goods plus what you paid for delivery. But note that you can only get a refund of delivery costs if you used their cheapest and most commonly acceptable method of delivery. If you paid extra for next-day delivery you won't get it refunded

You say "Obviously the cost of returning (fuel or shipping) will be on me" Not necessarily. If the trader has agreed to pay return costs then they pay. But additionally, in the case of goods that cannot normally be returned by post because of their nature (eg weight), then unless the trader has told you how much it will cost to return the goods, the trader must pay for the return. See para 35(5) and Schedule 2 para (m).


However - all my above reply depends upon your contract being subject to the regulations mentioned in my first sentence.

So where is your seller located? If in the UK, then the regulations apply. If not in the UK it becomes more difficult. If they are located in the EU then similar regulations to the UK will probably apply, but you will have the added difficulty of trying to enforce your rights in the EU country where the seller is located.

If your seller is outside both the UK and the EU you may have no right to return at all. Basically it will depend on what the law says in the country of the seller. Personally, if I bought something from ouside the EU I would not be assuming I could return it. Even within the EU is not certain.

If I were you I would want to think very carefully before buying something expensive from a UK trader whose T&Cs I think are dodgy and who is telling me that they will charge me a restocking fee and an admin fee that the law prohibits. If you end up having to return the goods, how easy do you think it will be to get all your money back?

Can you tell us who the trader is and where they are located? And what are you wanting to buy?



NB - the foregoing assumes you are purchasing as a consumer. If this is a business transaction the above does not apply