ChatterBank8 mins ago
Distance Selling Regulations
5 Answers
Hi
I am in the process of setting up a website selling soaps and bath bombs etc. They will be wrapped and the posted to the customer. Am i able to say that they cannot return the item and request a refund if they have opened the packaging? I just think it is unhygeinic of me to resell an item if its been opened and poked by someone else. is this complying to the distance selling regualtions? as i am a bit confused by them!
also if someone does want to send something back and get a refund (because they have changed their mind, not becasue its faulty), can i just refund them the product cost, or do i have to refund them what they paid for postage also?
thanks!
I am in the process of setting up a website selling soaps and bath bombs etc. They will be wrapped and the posted to the customer. Am i able to say that they cannot return the item and request a refund if they have opened the packaging? I just think it is unhygeinic of me to resell an item if its been opened and poked by someone else. is this complying to the distance selling regualtions? as i am a bit confused by them!
also if someone does want to send something back and get a refund (because they have changed their mind, not becasue its faulty), can i just refund them the product cost, or do i have to refund them what they paid for postage also?
thanks!
Answers
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Maypole is wrong - distance selling rules provide consumers with an unconditional right to cancel in most distance sales.
One of the exceptions to the right to cancel is where the goods cannot be returned by reason of their nature. You will be able to argue that bath bombs, for example, simply cannot be returned once used.
However, the consumer can returned them unused, and you cannot insist that they are returned unsealed. There is no exception due to hygiene, and the consumer's right to cancel is not affected by your ability to resell the goods.
You have to refund all costs, including postage. You can stipulate that the consumer must pay for return postage, but this has to be incorporated into the pre-contract information that you provide.
The OFT website (http://www.oft.gov.uk) has some information for businesses on distance selling, and Business Link is bound to have all the relevant information, or links to it, so if you haven't already, visit http://www.businesslink.gov.uk.
One of the exceptions to the right to cancel is where the goods cannot be returned by reason of their nature. You will be able to argue that bath bombs, for example, simply cannot be returned once used.
However, the consumer can returned them unused, and you cannot insist that they are returned unsealed. There is no exception due to hygiene, and the consumer's right to cancel is not affected by your ability to resell the goods.
You have to refund all costs, including postage. You can stipulate that the consumer must pay for return postage, but this has to be incorporated into the pre-contract information that you provide.
The OFT website (http://www.oft.gov.uk) has some information for businesses on distance selling, and Business Link is bound to have all the relevant information, or links to it, so if you haven't already, visit http://www.businesslink.gov.uk.
ok, so i must simply state that they must be unused, is this correct? i might just scrap selling bath bombs full stop actually, cos any hint of moisture from someones hands will set them off dissolving, although that would mean the are used, and they could send back a half dissolved bath bomb anyway. stupid rules - so confusing!!
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