Retailer deducted money from refund

christon1

I bought 2 items from a fashion website for my daughters birthday, paid £5 for quick delivery, they took about 2 weeks to arrive!! When they did come my daughter did not like them, so as they had said on website I returned them for a refund, within the 7 days. After over 3 weeks I finally received it but they had deducted 20% from the refund, I paid £35 for the goods, plus postage, they have given me £28 back :mad:

Is there anything I can do? I have emailed them to ask why but know they take ages to reply.

littlegirllost

christon1 wrote: »

I bought 2 items from a fashion website for my daughters birthday, paid £5 for quick delivery, they took about 2 weeks to arrive!! When they did come my daughter did not like them, so as they had said on website I returned them for a refund, within the 7 days. After over 3 weeks I finally received it but they had deducted 20% from the refund, I paid £35 for the goods, plus postage, they have given me £28 back :mad:

Is there anything I can do? I have emailed them to ask why but know they take ages to reply.

Did you pay for return postage yourself ? recently when I had to return a pair of boots, I printed off a pre paid label from the website but they deducted the cost off my refund.

Sorry I dont have any advice for you, hopefully someone else will be along to help

derrick

christon1 wrote: »

I bought 2 items from a fashion website for my daughters birthday, paid £5 for quick delivery, they took about 2 weeks to arrive!! When they did come my daughter did not like them, so as they had said on website I returned them for a refund, within the 7 days. After over 3 weeks I finally received it but they had deducted 20% from the refund, I paid £35 for the goods, plus postage, they have given me £28 back :mad:

Is there anything I can do? I have emailed them to ask why but know they take ages to reply.

Under DSR's they have no right to deduct anything as long as you informed them within 7 WORKING days beginning with the day AFTER receipt of goods, they have to refund everything,(including p&p), but can require you to pay for return p&p if they informed you of this prior to dispatch, (they cannot deduct return p&p from your refund).

From [FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

From page 20; -
What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they want to cancel. This includes letter, fax or email. A phone call is not enough unless you say in your terms and conditions that you will
accept cancellations by phone.

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.

From page 27; -
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.


3.56 If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.


I suggest you email them the link for the OFT DSRs and remind them of their obligations under the law!

neilmcl

christon1 wrote: »

Is there anything I can do? I have emailed them to ask why but know they take ages to reply.

Why not simply telephone them for an answer? What was the original advertised price of the boots, have they gone down in price? If they have, and whilst they should refund the original price incl. delivery, it may explain why they've only given you £28.

christon1

Thank you all for your advice.

They do not a telephone number, only contact is by email.
Should have said in my original post that I did get one other item which I kept, so will not get delivery refunded.

Yes I did pay for return delivery, luckily I posted it so they would have to sign for it because they said at first that they had not received the parcel but I had tracking number and could prove it had been signed for.

Think I shall just have to be glad I got some money back and never, ever buy from them again.

fiddiwebb

They do not a telephone number

Are you sure?

Have you tried googling for the number or could you tell us which website it was.

I_know_my_ABC_and_my_CMYK

I thought all on line web sites that sell goods have to have a telephone number and address listed somewhere on the site.

intheclub

The rules about DSelling are alos covered by Goods & Services Act. If you were charged £5 for quick delivery- what was their definition of quick delivery?- then you shoud apply for that back as that service was not provided. I assume you just ticked the Terms & Conditions without reading them?

When ever you buy anything over the web or the phone you must read the T&C's if you don't then you get caught out.

derrick

I_know_my_ABC_and_my_CMYK wrote: »

I thought all on line web sites that sell goods have to have a telephone number and address listed somewhere on the site.

Doesn't mention phone number but from page 14 :-

"In all cases you must also give your consumers the following information in a durable medium:

the geographic address of the business to which the consumer may direct any complaints. There is no definition of ‘geographic address’ in the DSRs but our view is that this means a physical location, so a P O Box address is not sufficient,"

So a call to Trading Standards is in order if this information is missing.