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Pauls Boutique returns

Thebiguglyone
Thebiguglyone Posts: 73 Forumite
edited 24 February 2011 at 8:43PM in Consumer rights
Hi all,

Please could someone explain if I have said enough with this return to expect to receive my original postage charges back under the DSR's.

I sent the parcel back with the completed returns note and on this I wrote on the date item received, A request for the amount I expected them to credit me with and a breakdown explaining how much of this was for the product and how much for original postage costs- added to this was the line "which I am entitled to under the distance selling regulations"

The parcel, complete with the note, was received by them within the required 7 days, I sent it on a signed for service.

They state on their website that refunds would only be made less the original delivery costs which I now understand to be against the rules of the DSR'S.

Thanks in anticipation of your replies...


Forgot to mention that they have made the refund minus the delivery costs.
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Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DSR clearly states that they must pay back your delivery cost. You may have to pay to return them though depending on what their t&c's say. If they make no mention of who pay's return costs then they should also pay this.
  • That's what I thought.

    I am going to email them and ask for the refund of the delivery costs and I'll report back with their reply when received.

    Thanks for the response.

    edit- they do clearly state that they do not pay for return delivery costs so that won't be an issue.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    And here is a quote from page 25 of the OFT's Guide to the Distance Selling Regulations which may help...
    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.
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    Did you send all of your order back or just a part of it ?
  • Sorry for delayed response...

    I sent the full order back, just the one item.

    I received a reply today from Paul's Boutique, The original email and reply follows-

    Hello, this query is in regard to my order PB113970 which I returned for a full refund. However, I was not refunded the original cost of delivery which I think you will find I am entitled to under the distance selling regulations. I would appreciate it if you could correct this and make the payment back to my credit card without too much delay.

    I have attached an excerpt from the DSR's which contain the above information.

    Thank you in anticipation of your assistance in this matter
    </SPAN>
    You were refunded £56.00 on the 16/02/11 which is the full refund of the item.

    You were not refunded the delivery charge because your reason for return was not of our fault

    If the item is faulty we do give full refunds but the item was not faulty

    Kind regards

    Karen
    Paul's Boutique


    What course of action should I follow now?

    All replies greatly appreciated.

    Cheers
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Maybe write a letter giving them 14 days to refund you and telling them what will happen if they don't... i.e. you will start the legal process.

    Google letter before action for a sample letter.

    Also have a read of the MCOL website.

    Just out of interest... how much money are we talking about?
    Is it worth a lot of effort?
  • No, it's only £4.95 but it's the principal that matters isn't it?

    If it needs to become a drawn out process then I won't bother chasing it up but it's good to get the company names on here to name and shame them...

    After all, rules is rules as I keep reminding my daughter!

    Cheers for the reply.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    No, it's only £4.95 but it's the principal that matters isn't it?

    If it needs to become a drawn out process then I won't bother chasing it up but it's good to get the company names on here to name and shame them...

    After all, rules is rules as I keep reminding my daughter!

    Cheers for the reply.
    Indeed the principle is important.

    It will cost you £30 to start the small claims process.
    You'll get that back [STRIKE]if[/STRIKE] when you win though.

    I imagine the court will not be that impressed with you bringing the case through principles.
  • Point taken :)

    Looks like they and the wife have won then!!!

    Cheers Folks :beer:
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    I would contact consumer direct or trading standards, they might be interested in the emails that have been sent to you
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