Unusual take on returns/refund.. can I claim?

arcon5 · 3 February 2017 at 11:16AM

So the net result is you paid one lot of postage and they paid one lot of postage.

Fairs fair

JeffUK_2 · 3 February 2017 at 11:18AM

They have refunded your delivery cost, but they have charged you for the cost of return

So the net result is you paid one lot of postage and they paid one lot of postage.

Pretty much what I'm thinking... but I can't see how they justify advertising 'Free Returns' when using their free returns service is contingent on them keeping the delivery cost that I would otherwise be entitled to..

alumende27 · 3 February 2017 at 11:26AM

I suspect their free returns service pre-dates the CCR and they kept that because it is more favourable with a 30 day return policy.

Of course there's no such thing as a free lunch, if customers expect free returns and a refund on delivery if they change their mind that cost has to be subsidised somewhere along the line.

steampowered · 3 February 2017 at 12:47PM

Even if you had returned the goods under the CCRs, the trader is not required to refund your delivery cost.

The return was free. I don't think advertising free returns implies that you will get a refund of the original delivery cost.

unholyangel · 3 February 2017 at 1:37PM

steampowered wrote: »

Even if you had returned the goods under the CCRs, the trader is not required to refund your delivery cost.

Are you sure about that?

(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.

(3) In that case, the trader must reimburse any payment for delivery received from the consumer up to the amount the consumer would have paid if the consumer had chosen the least expensive common and generally acceptable kind of delivery offered by the trader.

neilmcl · 3 February 2017 at 1:53PM

steampowered wrote: »

Even if you had returned the goods under the CCRs, the trader is not required to refund your delivery cost.

The return was free. I don't think advertising free returns implies that you will get a refund of the original delivery cost.

Please try reading the relevant legislation before making such claims.

steampowered · 3 February 2017 at 2:38PM

unholyangel wrote: »

Are you sure about that?

neilmcl wrote: »

Please try reading the relevant legislation before making such claims.

I had read The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Regulation 34 - Reimbursement by trader in the event of withdrawal or cancellation, which states as follows: "The trader must reimburse all payments, other than payments for delivery, received from the consumer".

I stopped there and did not read the rest of the Regulation which goes on to add a caveat that "The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader."

That was a mistake and I'm happy to be corrected.

bris · 3 February 2017 at 3:44PM

JeffUK wrote: »

How is it over and above when it removes the right to claim delivery costs?

It's over and above because they give you 30 days instead of 14 and they also provide the postage label to save you the hassle.

You don't seem to understand that if you want your rights under the CCR's you have to invoke them, that means telling them with 14 days, quote the CCR's to them and they would have obliged.

In this case you would have got your original postage back but it was up to you to get the goods back to them.

You didn't do that, instead you took the easy way and used their returns procedure, which is pretty good by the way, and that is why you can't get it all.

JeffUK_2 · 3 February 2017 at 5:30PM

You don't seem to understand that if you want your rights under the CCR's you have to invoke them, that means telling them with 14 days, quote the CCR's to them and they would have obliged. .

Correct, I did not understand that was part of the new regulations. That seems to get to the heart of the matter. Thanks.

For Reference:

32.—(1) To withdraw an offer to enter into a distance or off-premises contract, the consumer must inform the trader of the decision to withdraw it.

mattyprice4004 · 4 February 2017 at 3:57AM

arcon5 wrote: »

So the net result is you paid one lot of postage and they paid one lot of postage.

Fairs fair

Interesting how you don't comment on this, JeffUK...

You decided you don't want the goods. Why should they have to pay both lots of postage?

Unusual take on returns/refund.. can I claim?

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