Refund for item only not original amount

NorfolkCanary

Just an update on this, after querying this I received an email response with the following:

"Dear ________,

As you ordered the wrong item you are not entitled to the carriage back as we shipped it out as requested"

Does this therefore mean I'm not therefore entitled to the full amount?

durham_girl

That's what they are saying. Doesn't mean you're not entitled to it though. Email them back mentioning the DSRs

dmg24

stugib wrote: »

Yep, there the ones I was thinking of, but has anyone actually challenged a company on this and won? The accepted common practice seems to be that refund costs aren't refunded if it's in the T&Cs. No regulatory authorities seem to be complaining?

I have got refunds after referring retailers to the DSR's on several occasions now. The exception for me is Ghost (fashion retailer), and I intend to send a letter before action next week to them.

mc33033

FuzzatUni wrote: »

Just an update on this, after querying this I received an email response with the following:

"Dear ________,

As you ordered the wrong item you are not entitled to the carriage back as we shipped it out as requested"

Does this therefore mean I'm not therefore entitled to the full amount?

Hi FuzzatUni,

Yes as others have said you are entitled to the full amount back - item cost+postage out to you. What company is it so that we can check their T&C to see if they put the cost of the return postage on you?

If they don't refund you the postage then simply go to consumerdirect.gov.uk and log a case with them - their local trading standards can then get involved in sorting things out with the company.

derrick

FuzzatUni wrote: »

Just an update on this, after querying this I received an email response with the following:

"Dear ________,

As you ordered the wrong item you are not entitled to the carriage back as we shipped it out as requested"

Does this therefore mean I'm not therefore entitled to the full amount?

If in their T&Cs or info before delivery they stated you are to pay return P&p, then that will be the case, if they did not then you will not have to pay for the return

You will not have to pay the original P&P, from [FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]; -

From page 17; -
3.23Where the DSRs give consumers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded. Unlike when buying from a shop, the first time that a consumer will typically have an opportunity to examine goods purchased by distance means is when they receive them. The DSRs give consumers who buy by distance means more rights than consumers who shop in person. When a distance consumer cancels a contract to which the cancellation provisions apply they are entitled to a refund of any money they have paid in relation to the contract even if the goods are not defective in any way. Please also see paragraph 3.46 for further information.


From page 25; -
What specifically do I have to refund to the consumer if they cancel?

3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre- payment made including the cost of delivery. The essence of, distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

NorfolkCanary

Thanks for the information guys following an email back to the shop today, I received this wonderful response back:

Dear __________
"Hi
under dsr if you order the wrong item you ARE Not entitled to return carriage or carriage out this has been checked with our trading standards deptament

Kind Regards"

Where should I go from here?

In regards to naming the store, I'm not sure whether I should do this? Could someone clarify?

Thanks

Jakg

Show them the link to the government website explaining they are wrong, and see what they say.

Although I do feel it's unfair that a business loses out for a service they provided because you picked the wrong item...

derrick

Jakg wrote: »

Although I do feel it's unfair that a business loses out for a service they provided because you picked the wrong item...

They choose to conduct business on the web, (at a distance), knowing the regulations,(or maybe not in this case). If they do not want to adhere to the regs, then they should not set up the business that way.

They do not have the same overheads as a high street store,and therefore should be able to stand the small percentage that do return items for a refund, and if they can't, then again they should not be in the business.

mc33033

FuzzatUni wrote: »

under dsr if you order the wrong item you ARE Not entitled to return carriage or carriage out this has been checked with our trading standards deptament

Think it's safe to say this has not been checked, send them the BERR link:
http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38102.html#Q4DoIhavetopaytoreturnthegoods

FuzzatUni wrote: »

In regards to naming the store, I'm not sure whether I should do this? Could someone clarify?

Yes name the store.

NorfolkCanary

mc33033 wrote: »

Think it's safe to say this has not been checked, send them the BERR link:
http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38102.html#Q4DoIhavetopaytoreturnthegoods

That applies to carriage out, i.e. to me also?

mc33033 wrote: »

Yes name the store.

Store is: overclock.co.uk