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    • Emily1975
    • By Emily1975 16th Oct 16, 7:24 AM
    • 60Posts
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    Emily1975
    Refund of delivery costs?
    • #1
    • 16th Oct 16, 7:24 AM
    Refund of delivery costs? 16th Oct 16 at 7:24 AM
    Hi! I bought some items from Land's End in July for approx £200, and also paid a £3.95 delivery charge.

    In the end I decided to return the entire order which I did a couple of weeks ago. Land's End has a very generous returns policy with no returns deadline so it didn't matter that it was over 2 months since the original order.

    I received the refund a couple of days ago and, to my surprise, the £3.95 delivery cost was not refunded. It was my understanding that if you return the entire order the seller is obliged to refund this under the consumer contracts regulations (previously, distance selling regulations).

    Is this right? Or does this only cover returns made in the first 28 days (during which the seller is obliged to accept them, subject to a few technicalities)?

    For the avoidance of doubt I'm not disputing the cost I bore in actually returning the items to Land's End (£2.70 courier cost which I was happy to pay).
Page 2
    • DoaM
    • By DoaM 17th Oct 16, 12:46 PM
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    DoaM
    The CCR's are far from being "A little out of date" as they only came info force a little over 2 years ago (June 2014) and for the matter in hand, it is the CCR's that matter and not the CRA.

    The CCR's (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) superseded the Distance selling regulations and it is the CCR's that allow for the 14 day change of mind for consumers (for most goods) and it is these regulations that state amongst other things, what information must be provided by the retailer and what they must return in the way of the price and postage originally paid and who is responsible for the return postage costs in the event of a cancellation.
    Originally posted by George Michael
    Oh dear.

    You're completely mixing up 2 separate pieces of consumer legislation. The CCRs (Consumer Contracts Regulations 2013) is the latest piece of legislation that replaces the old Distance Selling Regulations. The CRA (Consumer Rights Act 2015) came into force to replace the Sale of Goods Act.

    It's the CCRs that's relevant here.
    Originally posted by neilmcl
    Ooooookaaaayyyyy

    So you're saying SoGA (now CRA) had no relevance to online sales? Really?
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    • George Michael
    • By George Michael 17th Oct 16, 12:58 PM
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    George Michael
    So you're saying SoGA (now CRA) had no relevance to online sales? Really?
    Originally posted by DoaM

    No one is saying or implying that.
    What is being said is that it is the CCR's that deal with the right of cancellation regarding online sales and the rights regarding what must be refunded in the event of such a cancellation.
    • DoaM
    • By DoaM 17th Oct 16, 1:01 PM
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    DoaM
    Must be my memory failing me ... I thought the CCRs (granted they'd only been enacted 2 years earlier) had been superseded by the CRA.

    PS - post #19 was unnecessary given you'd already said the same thing in post #18, 30 minutes earlier. The tone of post #19 is more of a "HA HA HA Look at the idiot" comment - totally unnecessary.
    Diary of a madman
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    • unholyangel
    • By unholyangel 17th Oct 16, 1:04 PM
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    unholyangel
    My take on it.

    Under CCR you have 14 days from delivery to use your 'change of mind' return power.

    As you didn't use CCR then your return is based on the company's return policy.

    You can't have CCR cover for 'change of mind' if you don't abide by the returns times.
    Originally posted by theonlywayisup
    The CCRs give consumers 14 days to cancel if the seller complies with their obligations of providing certain information - such as your cancellation rights - in a durable medium (websites obviously arent durable). If not, the consumer has up to 1 year & 14 days to cancel.

    So theoretically possible for OP to still be within the statutory cancellation period.

    So apologise then as you're wrong!
    God no wonder there's laws protecting sellers. It's people like you who cause them!!!!!
    Originally posted by The-Truth
    And what laws are there protecting sellers? I mean I've heard of consumer protection from unfair trading regulations, consumer contract regulations, consumer rights act. consumer credit act etc but I've never heard of a supplier rights act or the like.
    Money doesn't solve poverty.....it creates it.
    • neilmcl
    • By neilmcl 17th Oct 16, 1:04 PM
    • 8,568 Posts
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    neilmcl
    PS - post #19 was unnecessary given you'd already said the same thing in post #18, 30 minutes earlier. The tone of post #19 is more of a "HA HA HA Look at the idiot" comment - totally unnecessary.
    Originally posted by DoaM
    Again reading one thing and implying something else.
    • theonlywayisup
    • By theonlywayisup 17th Oct 16, 1:15 PM
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    theonlywayisup
    The CCRs give consumers 14 days to cancel if the seller complies with their obligations of providing certain information - such as your cancellation rights - in a durable medium (websites obviously arent durable). If not, the consumer has up to 1 year & 14 days to cancel.

    So theoretically possible for OP to still be within the statutory cancellation period.

    Originally posted by unholyangel
    I have to admit I didn't see the company weren't complicit with their obligations. I do skim read most some of these.
    "I suggest you read who's thread this is and you will find its MINE". sic
    • DoaM
    • By DoaM 17th Oct 16, 1:19 PM
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    DoaM
    Again reading one thing and implying something else.
    Originally posted by neilmcl
    ?

    So you're saying you didn't start post #19 in a condescending manner? If not, what was the purpose of "Oh dear"?
    Diary of a madman
    Walk the line again today
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    • neilmcl
    • By neilmcl 17th Oct 16, 1:40 PM
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    neilmcl
    It was merely to emphasise how much was wrong about your post, particularly the authoritative way it came across.
    • fleshandbone
    • By fleshandbone 17th Oct 16, 2:55 PM
    • 445 Posts
    • 201 Thanks
    fleshandbone
    Has the OP come back yet?
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    • DoaM
    • By DoaM 17th Oct 16, 4:31 PM
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    DoaM
    It was merely to emphasise how much was wrong about your post, particularly the authoritative way it came across.
    Originally posted by neilmcl
    So you're not disagreeing that it was condescending then. Progress!
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Emily1975
    • By Emily1975 19th Oct 16, 11:46 AM
    • 60 Posts
    • 31 Thanks
    Emily1975
    So apologise then as you're wrong!
    God no wonder there's laws protecting sellers. It's people like you who cause them!!!!!
    Originally posted by The-Truth
    Is that directed at me? If so please clarify:

    - wrong about what? I can't see that I have made any claim, let along a wrong one.

    - "cause them" - cause what exactly?
    • Emily1975
    • By Emily1975 19th Oct 16, 11:53 AM
    • 60 Posts
    • 31 Thanks
    Emily1975
    The OP is the reason why this country is going downhill, there is literally no good faith from customers now, all they care about is what the law says or scanning T&C's looking for reasons to make demands.

    I hope the OP gets there £3.95 so they can feel great about themselves.
    Originally posted by fleshandbone
    Feel like a broken record now.

    It seems some people are interpreting my original post incorrectly. I am not complaining about shoddy treatment, I am not on a crusade to get every last penny I can from Land's End. I have not and will not be contacting them to demand any of the £3.95 back.

    I was trying to understand why I was not refunded the delivery cost (£3.95 in this case) automatically as this is what usually happens when I return an order to an online retailer. Some of the respondents have helpfully directed me to the answer. That's all I was looking for. Next time (if there is a next time) I'll endeavour to return the items much quicker.

    As an aside can I ask if some of the posters on here are retailers rather than consumers as I sense some sort of underlying frustration has been unleashed by what I thought was a fairly straightforward factual query.
    • Moneyineptitude
    • By Moneyineptitude 19th Oct 16, 12:49 PM
    • 17,227 Posts
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    Moneyineptitude
    As an aside can I ask if some of the posters on here are retailers rather than consumers as I sense some sort of underlying frustration has been unleashed by what I thought was a fairly straightforward factual query.
    Originally posted by Emily1975
    There is no obligation here for posters to be simple consumers themselves or for them to automatically side with the consumer. Whether they are "retailers" is entirely their own concern. As long as the information and advice is accurate, they are allowed to voice their opinion, just as you are.

    Just for the record, I'm not what you would class as a retailer...
    • Emily1975
    • By Emily1975 19th Oct 16, 1:12 PM
    • 60 Posts
    • 31 Thanks
    Emily1975
    Sorry - wasn't trying to imply anyone's point of view is invalid or not allowed here - I would actually expect a retailer would be more likely to give an informed answer. It's just I couldn't understand why my "is this refund correct or isn't it" question was met with such ire unless those respondents had some sort of axe to grind on the matter.

    Fair enough if I had said "Land's End are ripping me off, where's my £3.95, I'm entitled to my money back", but I didn't.
    • theonlywayisup
    • By theonlywayisup 19th Oct 16, 1:25 PM
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    theonlywayisup
    Sorry - wasn't trying to imply anyone's point of view is invalid or not allowed here - I would actually expect a retailer would be more likely to give an informed answer. It's just I couldn't understand why my "is this refund correct or isn't it" question was met with such ire unless those respondents had some sort of axe to grind on the matter.

    Fair enough if I had said "Land's End are ripping me off, where's my £3.95, I'm entitled to my money back", but I didn't.
    Originally posted by Emily1975
    You would be surprised. There are many many retailers who are completely unaware or avoid trading within legislation. Some of them are very big High Street names.
    "I suggest you read who's thread this is and you will find its MINE". sic
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