Faulty item returned by freepost - store won't send me a replacement

Sammy635

I'm hoping someone can give me some advice on my rights concerning a purchase I made online.

I bought a bag off of a website called 'Totally Funky' for £50 and when the bag arrived the stitching inside was faulty. I contacted the store and they asked me to return the bag to a freepost address which I did. In the email they said the following:

'We recommend that you retain the free Proof of Postage from the Post Office as this will be required if the package is lost by Royal Mail and a claim needs to be made. Products remain your responsibility until received at our warehouse'.

I posted the bag off 2 weeks ago and the company claim they haven't received it yet so they are not willing to send me a replacement. I obtained my proof of postage but the store said if the bag doesn't turn up then I have to make a claim to Royal Mail to get some of my money back and they won't send me a replacement or give me a refund. The maximum I would get from Royal Mail is £41 which doesn't cover the cost of the item.

I don't believe this is fair as I wasn't given the option of sending the item back by any other method than freepost. I wasn't made aware that I wouldn't be covered for the full cost of the item if it was lost. If I had been told that it wasn't fully covered I would of sent it back by a tracked method such as Signed For and paid for extra insurance.

Even though the bag was faulty the store basically said it's tough luck and it's not their problem, it's mine. I was really upset after speaking to someone from the store as they were totally unsympathetic and ready to blame me and Royal Mail.

I feel really cheated as the item was faulty in the first place which was my reason for returning it.

I'd appreciate some advice on my rights regarding this problem.

Sammy635

gordikin

You could have chosen to send it by any means you wanted to?

adam.mt

That's the thing I feel - in one breathe they tell you to use the Freepost address and just obtain proof of postage and in the other they say the goods are your responsibility until they reach them; so slightly, contradictory in that the latter would require more expense carriage.

Since the goods were faulty it's their responsibility to pay for return carriage. Thus, I wonder what their response would have been if you'd paid extra for Special Delivery and were now trying to get that cost back!?

Maybe somebody will be able to clarify?

The_Pedant

I would say that in this case, the seller has advised of their preferred carrier and the method of postage (i.e. use the freepost label with proof of posting). Therefore, they have in essence said they are happy for the goods to be sent back by those means. The important point in this could be that THEY paid for the postage (via the freepost service they pay for), and therefore THEY are the party contracting with Royal Mail.

In light of all of that, you have met the requirements for return of the goods and should not be held responsible for the failure of THEIR carrier to return the goods back to them. I would therefore ask them to take up the disappearance of the goods with THEIR carrier.

Send them a copy of proof of postage and a letter summarising that you have followed all their instructions for return of the goods and expect a refund within 30 days of the ORIGINAL notification of the intent to return the goods for a refund, as allowed for under the cancellation provisions of the Consumer Protection (Distance Selling) Regulations. I am quoting the DSR instead of Sale of Goods act, as the timescale for return of goods under the provisions of the Distance Selling Regulations is more clearly defined.

Sammy635

In response to gordikin, the store specifically says that goods should not be returned by Special Delivery as they will not refund the postage for this service.

I was not advised of any other options by the store for how to return the item, as I said before I would not have sent it by freepost if I was told I wasn't fully covered. I wouldn't scrimp on postage costs for something that was £50.

If a store tells you to send it back by a certain method I would not jeopardise the replacement of the item by sending the item back by a different method than advised.

When I spoke to the store, I explained that surely they are responsible for claiming the money back from Royal Mail as they paid for the postage but they said that was irrelevant it should be whoever has the proof of postage.

I don't think I would want to send the store the ORIGINAL proof of postage now as I don't trust them and the proof of postage is the only piece of evidence I've got to say I sent the item back, without that I will have nothing to show for my £50.

I think I will do as The Pedant advised and write them a letter outlining their responsibilities.

Thanks

woody01

Since the goods were faulty it's their responsibility to pay for return carriage

Which they did.
Did you not read the opening post?

Regardless of who pays, it is up to the customer to ensure the goods reach the destination. How can the compnay be held responsible for that?

I think I will do as The Pedant advised and write them a letter outlining their responsibilities.

Which are?
The have fulfilled their responsibilities. There is nothing you can do.
If you didn't insure the goods for their full value, although you were given the Freepost, that is your fault and not the company in question.

woody01

The_Pedant wrote: »

I would say that in this case, the seller has advised of their preferred carrier and the method of postage (i.e. use the freepost label with proof of posting). Therefore, they have in essence said they are happy for the goods to be sent back by those means. The important point in this could be that THEY paid for the postage (via the freepost service they pay for), and therefore THEY are the party contracting with Royal Mail.

In light of all of that, you have met the requirements for return of the goods and should not be held responsible for the failure of THEIR carrier to return the goods back to them. I would therefore ask them to take up the disappearance of the goods with THEIR carrier.

Send them a copy of proof of postage and a letter summarising that you have followed all their instructions for return of the goods and expect a refund within 30 days of the ORIGINAL notification of the intent to return the goods for a refund, as allowed for under the cancellation provisions of the Consumer Protection (Distance Selling) Regulations. I am quoting the DSR instead of Sale of Goods act, as the timescale for return of goods under the provisions of the Distance Selling Regulations is more clearly defined.

That is poor advice that will get no response.
This has nothing to do with DSR at all.........

OlliesDad

woody01 wrote: »

Which are?
The have fulfilled their responsibilities. There is nothing you can do.
If you didn't insure the goods for their full value, although you were given the Freepost, that is your fault and not the company in question.

There is no way to insure goods and still be freepost!! Freepost is a basic service which offers £41 cover.

woody01 wrote: »

Regardless of who pays, it is up to the customer to ensure the goods reach the destination. How can the compnay be held responsible for that?

Because they are the one who pays and contracts Royal Mail to do the job.

mountainofdebt

I think OP you have to take some responsibility here.

In fairness the company only advised you that the cost of returning the bag effectively uninsured would not be repayable - you could have quite as easily gone into the post office and send it registered (sending it recorded would have insured it also up to £41).

tbh I'm surprised that a claim can be made using only a proof of posting - I thought that this was only a service to prove that you'd sent a letter etc

mountainofdebt

OlliesDad wrote: »

There is no way to insure goods and still be freepost!!

Yes there is you go in to a post office ask for the freepost letter/parcel/whatever to be sent registered and you pay ONLY for the registered cost.

By sending a letter /parcel you are paying for the insurance of it not being received.....not the actually posting of the item

smcaul

mountainofdebt wrote: »

Yes there is you go in to a post office ask for the freepost letter/parcel/whatever to be sent registered and you pay ONLY for the registered cost.

By sending a letter /parcel you are paying for the insurance of it not being received.....not the actually posting of the item

Registered only gives you trackable item and a proof of delivery, it does not give you any enhanced compensation - you are thinking of Special Delivery which is a completely separate product offering from RM.

To the OP, you have fulfilled your contract as it were, you followed their instructions, once you used their freepost it is basically their responsibility, the royal mail will not entertain a claim from you anyway as their contract is with the company not you, all the proof of posting does -is - well - providing a proof of postage. I would get back on to the company and inform them that as soon as it was posted it was their responsibility not yours, and that they need to track it down.