Rights on getting delivery refunded?

d_low

Hi

Ive been a lurker on here for ages and have discovered some great advice so thanks. Thought its about time I registered.

Sorry to ask for help on my first post but I was wondering what my rights are.

I bought a shirt online and I returned it based on the fact It did not fit. I asked for a refund and they have just processed it although minus the delivery costs.

I'm going to assume that they don't have to refund them due to it not being faulty or the wrong item etc? Is that right or am I entitled to my delivery cost refunded too?

Thanks for any advice

Googlewhacker

did you tell them of your intentions within the 7 day rule as per DSR?

d_low

Hi

Yes I notified them I will be returning my order 4 days after placing the original order.

derrick

d_low wrote: »

Hi

Yes I notified them I will be returning my order 4 days after placing the original order.

You are entitled to original delivery costs, you may have to pay return P&P ONLY if they informed you of such prior to delivery.

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

From page 17;-
What cancellation rights do consumers have?

"3.23 Where 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."

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."



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d_low

Thank you so much!

That's brilliant

shortchanged_2

Yep stick to your guns, as long as you returned the item within the 7 day period they are obliged to refund their delivery costs.

Also don't let them fob you off with excuses like the package has been opened and you tried it on etc because that is a load of old bull. That is what the DSR's are there for.

You are likely to be liable for return costs though.

Googlewhacker

shortchanged wrote: »

Yep stick to your guns, as long as you returned the item within the 7 day period they are obliged to refund their delivery costs.

Also don't let them fob you off with excuses like the package has been opened and you tried it on etc because that is a load of old bull. That is what the DSR's are there for.

You are likely to be liable for return costs though.

You have 30 days to return the item, but 7 working days to inform them that you will be returning it

derrick

shortchanged wrote: »

Yep stick to your guns, as long as you returned the item within the 7 day period they are obliged to refund their delivery costs..

Wrong you need to notify within 7 WORKING days, and they cannot insist on the goods being returned before refund.
From the link above in post #4;-

" From page 25; - Refunds (Regulation 14)
When do I have to refund a consumer’s money if they cancel an order?
3.46 As soon as possible after the consumer cancels, and in any case within 30 days at the latest. You must refund the consumer’s money even if you have not yet collected the goods or had them returned to you by the consumer. You cannot insist on the goods being received by you before you make a refund. See also paragraph 3.64."






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Googlewhacker wrote: »

You have 30 days to return the item, but 7 working days to inform them that you will be returning it

I don't know of anything relating to this? from the quote above;-
"You must refund the consumer’s money even if you have not yet collected the goods or had them returned to you by the consumer. You cannot insist on the goods being received by you before you make a refund"




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shortchanged_2

Yes sorry derrick, I stand corrected.

derrick

shortchanged wrote: »

Yes sorry derrick, I stand corrected.

No need for apology, no one is always right, including me , just wanted to put the correct details in for the benefit of others;).


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unholyangel

derrick wrote: »

I don't know of anything relating to this? from the quote above;-
"You must refund the consumer’s money even if you have not yet collected the goods or had them returned to you by the consumer. You cannot insist on the goods being received by you before you make a refund"

Along with the customer only being obliged to actually return the item if specifiec in T&C's at the time of the ordering. Otherwise the customer only has a "duty of care" to make the item available for collection and look after it.