0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

send them back... but please pay the postage!

28 April 2010

Consumers who return goods purchased online or over the telephone must be able to recover any initial delivery costs as well as the price paid for the goods following a recent case before the ECJ. However the cost of returning the goods can still be passed on to the consumer.

The case concerned the interpretation of the Distance Selling Directive Articles 6 (1) & (2) which allows a consumer to cancel a contract within 7 days, without incurring any charges.

Currently many sales terms require consumers to forfeit any delivery costs they might have paid when they bought the goods. It now seems likely that companies will need to change their terms – and some who might have relied on a customer’s reluctance to pay postage to avoid the full cost of returns may finally have to take the legislation seriously.  For companies that supply large items to customers such as sofas, fridges and household furniture this is likely to increase the cost of doing business online.

related opinions

Beards: Smart or Not?

In Sethi v Elements Personnel Services Limited, the Employment Tribunal has considered the implications of dress codes on men.

View blog

Election outcome - Conservative NHS plans?

The NHS was one of the most prominent aspects of the election campaigns and, on the basis of the Tory manifesto, we can now plan.

View blog

Supreme Court provides comfort to public authorities facing village green applications

In a lengthy majority judgment accompanied by two powerful dissenting opinions, the Supreme Court found yesterday that land acquired and held for statutory purposes cannot be registered as a village green where that registration is incompatible with the statutory purpose for which it is held.

View blog

Multi Skilled Visit: what is the impact of it being a right under the new Electronic Communications Code?

A Multi Skilled Visit (MSV) is when a survey is carried out on behalf of operators for the purpose of seeing whether a new site is suitable for the installation and operation of electronic communications equipment.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up