Distance selling - postage refund

MrChips

Hello!

My wife has bought a few items online over the last year and occasionally has returned some of them if she isn't happy with them when they arrive by post. The company concerned provides a good service and organises a refund relatively punctually. However this refund never includes their delivery charge, which I was under the impression they are obliged to refund under distance selling regulations.

Am I correct that they ought to be refunding this too? For the avoidance of doubt, we are happy to pay for the cost of returning the goods to them as this is part of their terms & conditions.

What about the situation where an order includes more than one item, and only some of the items in the order are returned? Is the firm then entitled to hold on to the delivery charge because it would have charged something (not necessarily the same amount) to deliver the goods which were not returned? I would assume so but if anyone knows for sure that would be very useful.

Thanks!

derrick

MrChips wrote: »

Hello!

My wife has bought a few items online over the last year and occasionally has returned some of them if she isn't happy with them when they arrive by post. The company concerned provides a good service and organises a refund relatively punctually. However this refund never includes their delivery charge, which I was under the impression they are obliged to refund under distance selling regulations.

Am I correct that they ought to be refunding this too? For the avoidance of doubt, we are happy to pay for the cost of returning the goods to them as this is part of their terms & conditions.

What about the situation where an order includes more than one item, and only some of the items in the order are returned? Is the firm then entitled to hold on to the delivery charge because it would have charged something (not necessarily the same amount) to deliver the goods which were not returned? I would assume so but if anyone knows for sure that would be very useful.

Thanks!

If you inform them within 7 WORKING days, beginning with the day after delivery, that you wish to return under DSR they are obliged by LAW, (DSR), to refund the original delivery costs. Return P&P will be payable by you only if they informed you by durable means, (not the website as that could be changed), prior to receipt of goods.

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR

From page 17;-
[/FONT] "[FONT=&quot]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. "[/FONT]


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.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances."


Pretty sure the delivery charge would stand if you only returned a part order.


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Puzzle.Mania

MrChips - I am having the very same argument with an on-line (and catalogue) company!

The reply above is absolutely correct. If you return the whole order within 7 days, you should not be out of pocket in any way whatsoever, but if you keep any of the order, the company is entitled to charge delivery.

I have just put in writing that I require a refund.

I believe that "Next" have recently been fined for not refunding a customer's delivery charge.

derrick

Not.My.Real.Name wrote: »

If you return the whole order within 7 days, you should not be out of pocket in any way

Not correct!
You only need to inform them within 7 working days, beginning the day after receipt of goods, not return within 7 days.
Also if the company have it in their T&Cs supplied in a durable form (not the website), and supplied before delivery, they can require you to pay return delivery.


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vyle

So let me just get this straight (with an example that's happened to me):

I order shoes online and with free delivery. It turns out that they're not suitable (my orthotics don't fit inside the shoes) so I return them. The return postage cost me £5.90 or something.

I got a refund of everything I had paid to the company, but could I have invoiced them the postage cost as well?

I didn't worry about it as, I don't want to punish a company for my indecisiveness, but I only thought I was entitled to the money I'd paid the company, not any extra costs incurred in the process of returning.

neilmcl

vyle wrote: »

So let me just get this straight (with an example that's happened to me):

I order shoes online and with free delivery. It turns out that they're not suitable (my orthotics don't fit inside the shoes) so I return them. The return postage cost me £5.90 or something.

I got a refund of everything I had paid to the company, but could I have invoiced them the postage cost as well?

Usually no you couldn't but the seller must have made this clear in their original T&Cs. If they omit details regarding who pays return postage then in that case they would be liable for this cost.

MrChips

Update - the firm have agreed they made an "oversight" and have agreed to refund their postage costs for the cases where we returned an entire order. They haven't offered to do this in cases where we have returned part of an order. I haven't pursued the latter as it seems fair enough to me.

Not sure how durable the T&Cs were regarding our payment of return postage costs (I think they just have it on their website) but I was aware of these T&Cs so not going to rely on what I see as a loophole to push for these back.

Thanks for your help.