Distance Selling Regulations Postage Refund

ta2

I purchased something on Overclockers.co.uk. Before it arrived I requested them to cancel the transaction under Distance Selling Regulations (I specifically mentioned this). They provided me with an RMA number. When the delivery arrived, I refused to accept the parcel and it was automatically returned to the sender. I did not mark the parcel in any way, did not attach anything to it and did not open it.

I have then received an refund from them, except the postage costs which they have not refunded. I refer to the following:

"The Regulations generally give you the right to change your mind and claim a full refund (including postage) up to the point where you receive the goods. After you receive the goods you have 7 working days (beginning the day after you receive the goods) to inspect the goods and, if they are not suitable, return the goods for a full refund."

(search Google for "Consumer Protection (Distance Selling) Regulations 2000 - template to return goods bought by distance methods" and you'll find an official page from consumerdirect.gov.uk stating this)

I pasted the above to them in an email and they simply regurgitate "you had changed your mind about the item we cannot refund the postage for you".

I will send them one final email, but what is my next step to reclaim my refund; credit card chargeback, or small claims court?

neilmcl

Don't forget you refused the initial delivery rather than following the correct return procedure so there's a cost involved in returning the item back to the retailer, something which you would normally have to pay had you done things properly.

ta2

neilmcl wrote: »

Don't forget you refused the initial delivery rather than following the correct return procedure so there's a cost involved in returning the item back to the retailer, something which you would normally have to pay had you done things properly.

I followed the correct returns procedure. The person handling the return was fully informed and raised no objections.

From their terms and conditions:

7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by letter or via the Returns on Line section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
7.5 If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned.

From the Office of Fair Trading guide for businesses:

Returning goods
Only if it is covered in the contract and the written information
can you require the consumer to pay for the cost of returning
the ordered goods.

(Google "A short guide for businesses on distance selling" and select the link from oft.gov.uk)

The parcel was never delivered to me.

neilmcl

Overclockers also have the following.

4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.

Whether this is in keeping with DSRs I'm not sure. One could argue that the spirit of the DSRs shouldn't allow either the consumer AND retailer to be disadvantaged.

ta2

Hmm... good question. I have emailed Consumer Direct to see what they think.

Thanks for your help.

Ivory_Tinkler

The courier has probably charged the company to return the parcel through their delivery network and the company has probably passed on that direct cost to you. I think they are allowed to offset any direct retrieval costs against your refund.

neilmcl

Ivory_Tinkler wrote: »

I think they are allowed to offset any direct retrieval costs against your refund.

Only if they make mention of this in their T&Cs, which in this case they do.

Hintza

Just to play devils advocate a bit.

OP you have bought the item and the company have posted it out to you.

It is all very well quoting the DSR's etc but are they fair in cases like this? Personally i think not.

The_Pedant

As Neilmcl states, under the interpretation of the DSR act that is published to companies, following cancellation of an order, companies are obligated to refund postage costs unless[/u] a clause to to the contrary is in their terms and conditions.

In this case, clause 4.5 of the t&c's stated above seems to allow for overclockers to deduct the cost of the failed delivery.

This seems fair to me, as they had already shipped the item, they had incurred costs attempting to send it to you in good faith. They should therefore be allowed to retain this part of the order cost.

Look at it another way, with your order consisting of two parts; sourcing the selected goods, and then delivering them to you. They attempted to deliver & so have effectively fulfilled the 2nd part of the contract.

woody01

As much as i loathe OCUK and all the chimps that work there, they are 100% correct in charging you delivery.
It is not their fault you changed your mind, and so that part of the bill is yours to foot. Can you not see that?

sean0r

What about the case where you have paid for delivery within a timeframe, only for the courier to fail to deliver, thus cancelled the order having to go elsewhere.