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Costs of returning an item.

Costs of returning an item.

Postby mowerman » Mon Oct 26, 2015 9:41 pm

Re: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
I have a dispute with an online business seller with regard to the cost of returning an item to them.
Section 35 (5) (b) and (6) together with schedule 2 relates to who should bear the postage cost of returns. To be effective would not the seller have to show their returns policy and t&c on their website as a pre contract condition in the absence of which Section 35 (6) applies and they become responsible for the return postage cost ?
http://www.legislation.gov.uk/uksi/2013 ... tents/made
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Re: Costs of returning an item.

Postby dls » Tue Oct 27, 2015 6:46 am

To be effective would not the seller have to show their returns policy and t&c on their website as a pre contract condition in the absence of which Section 35 (6) applies and they become responsible for the return postage cost ?


5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

(a)the trader has agreed to bear those costs, or

(b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.

The trader must provide the information in the way specified. It would be wrong to put on it a gloss that is required to show it as a condition of the contract.
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