March/April 2003

New pressure on home delivery companies to put in place effective reverse logistics systems could result from the Sale and Supply of Goods to Consumers Regulations 2002, which came into force in March.

A key thrust of the legislation is to give suppliers more responsibility for dealing with goods that are alleged to have been faulty when they were bought. In effect, consumers won't have to prove they were defective; the supplier will have to show that they were not.

The ruling applies for the first six months after purchase, after which the burden of proof of defects reverts to the consumer; and in any case it excludes normal wear and tear.

Whilst the change may not have much immediate effect, it is expected to prompt more returns of goods as consumers discover their enhanced rights. Some e-tailers and direct retailers may be tempted to discourage consumers from initiating returns by making the process more complicated, expensive or obscure, although others are more likely to see the change as giving consumers more confidence in buying online.

According to Maggie Gibbons-Loveday, chairman of the Trading Standards Institute: "Responsible retailers should not find the new regulations to be a problem. I believe they put into law what is currently considered 'good practice'."

The Institute says it is ready to offer advice in instances where traders find themselves in dispute with consumers over the new rules.