Delivery Charges Refund

H_Mendes

Hi I'd like some of your opinions please on a dispute I have at the moment.
I bought a dog lead from a website and unfortunately chose the wrong colour. I contacted the seller as thought might be a picking error but it was in fact my fault so fine I asked if it'd be ok to send the lead back for an exchange and he said yes but I'd have to pay postage again which stung a bit. The same day I got a MSE newsletter about how you are entitled to have postage refunded for a return so I emailed the seller again and asked if I returned the lead and got another one if it'd be ok for him to keep the postage he'd have to refund me and use it to pay for the other lead. which I guess was a bit of a jump but I thought it'd save time instead of me returning being refunded and then buying another lead. Anyway he was not happy to do that which is fine so I said ok. I will return the lead, don't worry about exchanging just refund me for lead and postage. Well he was not happy with that as he is quite covinced I do not have a right to have original postage refunded if I returned the lead because of my error. Anyway several emails have been exchanged about this now with this seller getting ruder and ruder and insisting I have no right for my postage refund as it was my mistake and I quote "for my inability to press a button to choose the right colour" and he should not have to pay for it.
So can I have your advice / opinions on this please?

wealdroam

Jeff_Bridges_hair wrote: »

Who said it was faulty?

Beryltheperyl said it was faulty in post #7.

Also, if a fault appears in the first six months after purchase, that fault is assumed to be inherent.

wealdroam

H_Mendes wrote: »

Hi I'd like some of your opinions please on a dispute I have at the moment.
I bought a dog lead from a website and unfortunately chose the wrong colour. I contacted the seller as thought might be a picking error but it was in fact my fault so fine I asked if it'd be ok to send the lead back for an exchange and he said yes but I'd have to pay postage again which stung a bit. The same day I got a MSE newsletter about how you are entitled to have postage refunded for a return so I emailed the seller again and asked if I returned the lead and got another one if it'd be ok for him to keep the postage he'd have to refund me and use it to pay for the other lead. which I guess was a bit of a jump but I thought it'd save time instead of me returning being refunded and then buying another lead. Anyway he was not happy to do that which is fine so I said ok. I will return the lead, don't worry about exchanging just refund me for lead and postage. Well he was not happy with that as he is quite covinced I do not have a right to have original postage refunded if I returned the lead because of my error. Anyway several emails have been exchanged about this now with this seller getting ruder and ruder and insisting I have no right for my postage refund as it was my mistake and I quote "for my inability to press a button to choose the right colour" and he should not have to pay for it.
So can I have your advice / opinions on this please?

On page 25 of the OFT's Guide to the Distance Selling Regulations we are told...

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 prepayment 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.

Beryltheperyl

Jeff_Bridges_hair wrote: »

Who said it was faulty?

I said it was faulty - the shoulder of the watch snapped after two weeks wear. I asked for the postage to be refunded as well, but they haven't bothered answering me.

I brought it online from the Burtons website.

I'll get back onto them!!! Thanks everyone.
Btp

Beryltheperyl

Result!!! Today Burtons refunded the postage money. Very sorry, thought they had refunded it, blah blah blah!!!

Better in my pocket than theirs!!!

BtP

lazysophie

Just found this thread, I ordered some shoes from Dorothy Perkins a few weeks ago, and I returned them two weeks ago (within a few days of receiving them) they were too big and were poorly made, anyway, so I gave my mum my card and pin and told her to return them (thinking it would be fine) she asked for the full £28 (inc £4 delivery) back, they said no, only the shoe price will be returned, and "who was gonna pay for the delivrey? THE COMPANY?!" and told ehr she couldn't bring the shoes back anyway and that I had to do it, so I said fine, and couldn't be bothered to argue with another rude so called 'sales assistant', so just got the £24 back (still have the receipt and disptahc note), but since then, I have found out that they should give me back the original delivery, and i know it's only £4 but £4 is £4 and its principal and the fact im really annoyed about this.

Is it too late to get this money back or should I have quoted my rights at the time?

x

lazysophie

No worries, I rung up customer services at Arcadia and they refunded me, no questions asked. lovely stuff!

OspreyJack

I think the DSR's are a good thing generally, but as a retailer and a customer, I do think that if you ask to be sent something you should pay the costs of that delivery.

All businesses will have some customers who mess them about. There are people who send for things knowing they will return it. they just want to see what it looks like on. Just like the timewasters you get in shop occasionally that have no intention of buying, they just want to see themselves in something.

OK these are the minority but why should the retailer have to pay for the whims of a consumer such as these?

A lot of people on here don't want to pay for anything! They don't realise that the the retailer has overheads. If these aren't met, the first thing to be cut is jobs, and then finally no jobs. If there are no profits there are no job! That doesn't help any of us!

Retailers are going to have to cover these non-profit making Refunds (losses in fact), so I think at the end of the day prices of goods will go uo to cover these costs. A business has to make a profit to survive. This DSR regulation creates a loss making situation for the retailer in its current form.

In my opinion, FULL Refunds should not include delivery costs to the consumer. Sadly it does, so just another nail in the coffin of small independent retailers.

The consumer will be sorry once the independents have all gone. Whether that be online or in the High Street!

bod1467

Delivery of goods (and the associated costs) is what online (or mail order - i.e. distance) selling is about - it's a cost of business. Why should a consumer pay to receive an item AND pay to have it returned if it's not suitable? If a retailer doesn't want to invest in the overheads of a bricks-and-mortar store (i.e. selling online to save money, hence improve profits), where a consumer would be able to inspect goods before purchase, then the consumer shouldn't be penalised for it.

I understand what you're saying, but I don't agree.