[Closed] Distance selling regs. Who pays postage if item is not as expected?

look on bitter wallet - Next are going through a process with this.

The law says they have to refund both shipping (to you) and purchase costs. They do not have to pay for return postage.

If you're returning under DSR, you pay.

And if the frame is "as described", "of satisfactory quality" and "fit for purpose" then your statutory rights won't apply and you fall back to DSR.

Incidentally - did you not confirm the model year before ordering?
(curious question - not finger pointy, we experience some interesting queries etc here so just adding to my knowledge of people's buying processes)

If it was sold as a 2010 model and isn't, that falls under "as described" under the SoG Act and they'd be liable. That even applies if the salesman gave you duff information verbally (though good luck proving it).

If it's your mistake for assuming rather than checking, you'd be liable for the return postage, and rightly so.

As I said in the original post, the frame year wasn't mentioned at all when I spoke with the shop on the phone. It's not unreasonable to think you're buying a 2010 frame in 2010 is it?

So, my fault for assuming therefore I pay the return costs.

Bummer.

Were you paying 2010 RRP?

As above - I think the price could be a give-away though it does seem a slightly grey area. At rrp or close to I'd expect the latest version especially if there were palpable differences. A good retailer should surely state the model year in the blurb.

I paid full 2010 retail price for the frame. It's academic now anyway as I plan to take the bike back to the shop in person. I think the petrol costs will be less than the postage and I'll get the refund sorted there and then.

Thanks for the advice

Pie

2010 price for 2009 bike? rip off merchants!

Has no bearing at all but I'm curious about what frame it is.

It was a Cotic Soul.