Just out of curiosity. Argos and the DSR

misssarahleigh

I emailed argos and asked:

I just wanted to know. If i order an item which includes a delivery charge, will this be refunded if i return the item?

There reply

Thank you for your e-mail regarding our delivery procedures.

I am sorry if you wish to return the item due to a change of mind then no we would not refund the delivery charge as we have still had to deliver the item.

Based on what i have read, this is incorrect, but just want it clarified for my own personal knowledge. If the answer is wrong are Argos breaching the DSR?

Mark_Hewitt

As far as I know, yes, they must refund the delivery charge. I've sent items back before under DSR and the delivery charge has been refunded. But lots of retailers 'try it on' in this way.

derrick

Yes they are in breach with that satatement.

UK DSR
Refunds On the cancellation of a contract, any sum paid by the consumer must be repaid as soon as possible and, in any case, within 30 days of cancellation. The full price paid for the goods must be refunded and this includes the cost of delivery of the goods to the consumer.
In certain circumstances the supplier may charge the consumer for the cost of the supplier recovering the goods (e.g. where the consumer fails to return them). To do so, the contract must specify that the consumer is under an obligation to return the goods if he or she cancels the contract and the consumer gets notice of this in advance as part of the written confirmation relating to the right to cancel. The costs cannot be passed on to the consumer where the goods are returned because they are faulty or do not comply with the contract for some other reason.
Where the supplier wishes to send substitute goods (e.g. where the original goods ordered are not in stock, but similar goods are available), the supplier must have provided for the possibility of sending substitute goods in its contract and in the case of the consumer cancelling the contract and returning the goods, the supplier must bear the cost of such return.


[FONT=&quot]OFTs BUSINESS GUIDE TO DSR

Page 17;-
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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; -
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.

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.

shortchanged_2

As long as you are cancelling under the terms of the DSR's i.e within the proper time scale etc then yes they are obliged to refund their delivery costs.

You may find that if it's in their T&C's that you are liable for return postage/collection costs. This is perfectly legitimate.

There was a big case against NEXT not so long ago because they were not refunding delivery costs. I believe they were hauled over the coals for it.

Mark_Hewitt

To my mind the delivery charge in DSR is the same as employing a sales agent in a shop, sometimes you will make the sale, sometimes you won't.

david39

I returned an item to Amazon a few months back because I had stupidly, but accidentally, ordered it twice.
Despite it being my fault, I was agreeably surprised to find they refunded the delivery charge.

Mark_Hewitt

david39 wrote: »

I returned an item to Amazon a few months back because I had stupidly, but accidentally, ordered it twice.
Despite it being my fault, I was agreeably surprised to find they refunded the delivery charge.

The reason you ordered the product and the reason you are returning it are completely irrelevant under the DSR. Sometimes companies ask why you are returning an item, this is just for their records - and to make sure it's still resaleable. But you don't have to give any reason at all if you don't want to.

derrick

Although on the ARGOS website, they appear to conform to DSR;-
Distance Selling Regulations

If you have ordered by telephone or internet, under the Distance Selling Regulations, you have a statutory right to cancel your order and receive a full refund for any home delivery item (excluding those ordered in-store).


By the stating, " receive a full refund", one could assume they include original delivery?




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misssarahleigh

Thanks for the help guys. I'm assessing the Argos site for a company and i have to assess the email enquiery. I have to comment on the responce and wanted to advise the information i recieved was incorrect but needed to make sure first.

It's quite bad companies do this as they obviously train their staff against the legislation.

Mark_Hewitt

It also says on the Argos site that you can return an item directly to an Argos store, even if you've ordered online.

derrick

Mark_Hewitt wrote: »

It also says on the Argos site that you can return an item directly to an Argos store, even if you've ordered online.

Yes it does, I never quoted it as the OP asked about delivery charges being refunded, so it relates to the original delivery, not returns.



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