Distance Selling Regulations

[Elise]

I think this needs further clarification.

To me 'cancellation' means changing your mind before the order is sent out, not simply returning it quickly. However, we all know that QVC virtually never let you cancel an item, as they almost always claim the order is 'In process' within hours of it being placed (even if the item doesn't end up being despatched for another 4 or 5 days).

Furthermore, even if you return stuff immediately (as I did with my compact detailed on here a week or so ago) for some odd reason it doesn't show up as 'returned' for days after RM tracking shows it to be back with QVC.

I'm beginning to wonder if these practices are all rather dubious methods of getting out of the postage refund part of the DSR. They seem to be sailing VERY close to the wind on this.

I might look into this further with trading standards, because I think I would be a due a small fortune in refunds were it to turn out that postage should have been refunded all along...

 

[donna255]

It actually does state the T&C on the invoice you receive with the order. But I always thought how can you return if you change your mind when it is shipped out before the seven day period of cooling off.

I am wondering if these rules where written a few years back when catalogue companies etc took 14-28 days to get items to you? But the law has never changed and moved with the times.

 

[rainbowdottie]

I must admit I saw this on bbc news and thought I must remember all of this for qvc.

I took it that if you return your item within 7 days (which I do) for whatever reason,you should get the p&p back.However,like its already been said - I know its arrived back within 7 days but it never shows on my account as that.

TBH,I'm not really too bothered about reclaiming the postage costs.Yes,I think they are unreasonable in the first place,but its my decision to go ahead and buy - the cost is there on the screen,so its not as if I'm not aware of it.

I'm more concerned/interested to know (as a customer who recieved "The Letter" at the begining of the year) that I'm more than entitled to send items back if I don't like them - as long as it is in the 7 day period.When I phoned to complain about the letter and its tone - I was told Mr Marks and Spencer wouldn't allow me to do this.Well this article says I can!!! - as its an internet /distance company! I'm well within my rights to do this - so how can QVC moan at me if I do,do this?

 

[LE lover]

I must admit I saw this on bbc news and thought I must remember all of this for qvc.

I took it that if you return your item within 7 days (which I do) for whatever reason,you should get the p&p back.However,like its already been said - I know its arrived back within 7 days but it never shows on my account as that.

TBH,I'm not really too bothered about reclaiming the postage costs.Yes,I think they are unreasonable in the first place,but its my decision to go ahead and buy - the cost is there on the screen,so its not as if I'm not aware of it.

I'm more concerned/interested to know (as a customer who recieved "The Letter" at the begining of the year) that I'm more than entitled to send items back if I don't like them - as long as it is in the 7 day period.When I phoned to complain about the letter and its tone - I was told Mr Marks and Spencer wouldn't allow me to do this.Well this article says I can!!! - as its an internet /distance company! I'm well within my rights to do this - so how can QVC moan at me if I do,do this?

QVC have go a cheek to say that to you.Marks and spencers don't go out of their way at every opportunity to remind you that you can shop with confidence as you have a 30DAY mbg.

 

[Frazzled]

I think this needs further clarification.

To me 'cancellation' means changing your mind before the order is sent out, not simply returning it quickly. However, we all know that QVC virtually never let you cancel an item, as they almost always claim the order is 'In process' within hours of it being placed (even if the item doesn't end up being despatched for another 4 or 5 days).

Furthermore, even if you return stuff immediately (as I did with my compact detailed on here a week or so ago) for some odd reason it doesn't show up as 'returned' for days after RM tracking shows it to be back with QVC.

I'm beginning to wonder if these practices are all rather dubious methods of getting out of the postage refund part of the DSR. They seem to be sailing VERY close to the wind on this.

I might look into this further with trading standards, because I think I would be a due a small fortune in refunds were it to turn out that postage should have been refunded all along...

Hello there, this is how I understood "cancellation", I often return things immediately not realising you should contact to cancel first presumably. Customers are actively encouraged to make use of the 30 day MBG on QVC and elsewhere. I have not heard a presenter on any channel ever say "for a full refund including postage etc"
Also the full T&Cs are not available to the thousands of customers, including myself until recently, who do not have access to the internet
However, now I'm better informed...

 

[~*~Lexxy~*~]

i think the notification of cancellation is the main issue here, if you return without this, then no p&p refund. if you do notify that your cancelling, then they're obliged to refund the p&p. all within the 7 days period.

sorry, but i'm at a bit of a loss to understand why quite a few people think they're due loads of p&p refunds?

(as Julie also said earlier in the thread tho'), i'm just repeating myself now so i'll bobby off!

 

[deanos]

Just to clarify

The distance selling regs give you seven working days after delivery to cancel you order for whatever reason, you need to inform the company that you are doing this, you do not need to have sent it back within seven days just have notified them

You are entitled to the original P+P back , you are not entitled to return postage back unless it states this.

As QVC have a 30 day MBG you need to tell them you are cancelling under the DSR within 7 working days otherwise they will presume you are just using the 30 day MBG

Just bear in mind some things are exempt from the DSR namely food, software and make up if opened

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

 

[talisker25]

Hello there, this is how I understood "cancellation", I often return things immediately not realising you should contact to cancel first presumably. Customers are actively encouraged to make use of the 30 day MBG on QVC and elsewhere. I have not heard a presenter on any channel ever say "for a full refund including postage etc"
Also the full T&Cs are not available to the thousands of customers, including myself until recently, who do not have access to the internet
However, now I'm better informed...

So then! is it possible that QVC have been miss selling their returns policy and not telling the consumer what their rights really are?

 

[talisker25]

Just to clarify

The distance selling regs give you seven working days after delivery to cancel you order for whatever reason, you need to inform the company that you are doing this, you do not need to have sent it back within seven days just have notified them

You are entitled to the original P+P back , you are not entitled to return postage back unless it states this.

As QVC have a 30 day MBG you need to tell them you are cancelling under the DSR within 7 working days otherwise they will presume you are just using the 30 day MBG

Just bear in mind some things are exempt from the DSR namely food, software and make up if opened

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

I can see that makes a lot of sense and may answer some questions, however, if we send something back within 7 days and QVC refund within 7 days as we tell them we just want out money back, is this not a cancellation of the order?

 

[deanos]

No you need to tell them you are canceling under the DSR, its clearly stated in there terms and QVC have not been misleading anyone.

9.4 You also have a statutory right to cancel your purchase. If you wish to cancel you must tell us in writing, by telephone, fax or email (please see our webform at www.qvcuk.com for email cancellations) within 7 working days from the day after the date on which the product is delivered. You should keep evidence of having given your cancellation notice, such as a certificate of posting. You must take reasonable care of the product and you should return the product to us (at your own risk and cost) within 7 working days of notifying us of your cancellation. The product must be returned unused (except to the extent use was reasonably necessary to examine the product). Please return the product with its original packaging. The following products are excluded from this legal right to cancel: (i) perishable products such as food or flowers; (ii) audio/video recordings, DVDs or computer software that you have taken out of the sealed packaging in which they were delivered to you; (iii) products made to your own specification; (iv) periodicals or magazines; and (v) any other products that by reason of their nature cannot be returned. We will refund the purchase price of the product together with the delivery charge you paid to receive the product.

 

[~*~Lexxy~*~]

Just to clarify

The distance selling regs give you seven working days after delivery to cancel you order for whatever reason, you need to inform the company that you are doing this, you do not need to have sent it back within seven days just have notified them

You are entitled to the original P+P back , you are not entitled to return postage back unless it states this.

As QVC have a 30 day MBG you need to tell them you are cancelling under the DSR within 7 working days otherwise they will presume you are just using the 30 day MBG

Just bear in mind some things are exempt from the DSR namely food, software and make up if opened

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

well done Deanos! :mysmilie_696: that explanation is crystal clear, thank you :mysmilie_12:

 

[astitcher]

this is interesting. Given the on screen element can it still count as distance selling? IF yes - then yipee on getting P&P back!

Also can we make back claims?

 

[rainbowdottie]

sorry - I'm being really blonde Just to clarify,if I recieve an item,I don't like - as long as I phone QVC and tell them I'm returning it and do it within 7 days - I'm perfectly within my rights to do this - ie no on can moan and me that I have sent too much back because by law I'm entitled to send things back?

 

[kitten_with_claws]

sorry - I'm being really blonde Just to clarify,if I recieve an item,I don't like - as long as I phone QVC and tell them I'm returning it and do it within 7 days - I'm perfectly within my rights to do this - ie no on can moan and me that I have sent too much back because by law I'm entitled to send things back?

You need to inform them in writing.

Items must be unused/unworn & in their original packaging.

They can still 'moan' about you returning 'too many items' & although you are entitled by law to make use of the DSRs, they are not required by law to continue to deal with you if they do not wish to do so because of this & are perfectly within their rights to either restrict or close your account if they so wish.

HTH

 

[rainbowdottie]

You need to inform them in writing.

Items must be unused/unworn & in their original packaging.

They can still 'moan' about you returning 'too many items' & although you are entitled by law to make use of the DSRs, they are not required by law to continue to deal with you if they do not wish to do so because of this & are perfectly within their rights to either restrict or close your account if they so wish.

HTH

Ok thanks :mysmilie_687:

 

[kitten_with_claws]

Obviously if items are faulty or have been misdescribed, then you are entitled to a refund of all postage costs & I have asked for (& got!) my p&p back a couple of times on items that turned out to be not as described on air, e.g. size was incorrectly stated or whatever!

 

[HCJ]

I used the DSR to get my postage back from QVC once. I emailed them via the link to let them know that I was returning the item under the DSR rules. They only refunded the item price initially but when I followed it up with another email they also refunded the postage fees.