Why replacement instead of refund?

[Vegeta]

Hi,

I recently RMA'd an item. The RMA number is 182879. I wanted to return it as it was unwanted and so returned it under the Distance Selling Regulations for a refund.

I just checked the status of the RMA and it says in the "awaiting replacement/credit" field that a replacement is going to be sent.

I specifically asked for a refund so I don't understand why its being processed as a replacement.

If a replacement is sent I will most certainly reject delivery of the item.

Could you please rectify this problem and refund me for this item.

Thank you.

[vinnyT]

The DSR states that the seller should give a reasonable time after receipt of the goods in which you can use the DSR to return an item. Most stores (that I know of) give 7 days (working, if the store works Saturdays, these count too) for the buyer to reject goods, were you within this time frame?

If you were, then I am sure Scan will sort this out for you.

[Adamb]

Vegeta

As per my colleague Ian's email, this RMA has been amended to a refund, this should be processed shortly

Regards,

[Saracen]

The DSR states that the seller should give a reasonable time after receipt of the goods in which you can use the DSR to return an item. Most stores (that I know of) give 7 days (working, if the store works Saturdays, these count too) for the buyer to reject goods, were you within this time frame?

Actually, that's a bit wrong in a couple of respects.

Other consumer laws specify that the buyer has a reasonable time to reject goods, but in those cases, the elapse of a "reasonable time" is only one way in which you can accept goods, and therefore lose the right to reject. There are other ways.

The DSR is very specific, and specifies exactly what the time periods are, though it can vary according to circumstances. There are certain bits of information the seller must provide to the buyer. If he does, that time period is exactly 7 working days, starting with the day after the consumer receives the goods. If that information is not provided, it is 7 working days starting from the day after it is provided, or a maximum of 3 months and 7 working days in the event that it never is provided, again starting the day after receipt of goods.

Also, Saturdays do NOT count towards working days, which are defined as all days except Saturdays, Sundays or Bank Holidays. This is regardless of what days the seller works.

Finally, and this point is a bit obscure, perhaps. You say the DSR gives a period within which you can use the DSR to return goods. That's not quite right. It defines a period within which you can use the DSR to cancel the contract. In general, it may amount to the same thing, but the buyer is not actually under any obligation whatever under the DSR to return the goods. He is merely under an obligation to take retain possession of them and take "reasonable care" of them, and "restore" the goods to the supplier. But "restore" can mean to allow collection. He might, however, be under an obligation to return them because of the contract, and/or might be under an obligation to pay the direct cost of collection if he doesn't return them, unless the goods can be rejected under some other contractual clause, including Sale of Goods Act rights, like satisfactory quality or fitness for purpose.

[vinnyT]

Thanks for that elucidation (see I can talk lawer speak too (even if I don't know what I'm talking about)), at least I was right about scan sorting it out in a timely fashion.