Returns - company want to charge £5 admin fee

dewygirl

Hi, I'm hoping someone can clarify what I believe to be an illegal charge.

I ordered a salon uniform from Healthandbeautywear.co.uk. It arrived today, but the trousers do not fit. The label states the correct size, but they are at least two sizes too small. The top is tight too, but I plumped for a size bigger for comfort, so it just about fits. I suspect that ALL their clothing is very small.

Anyway, the returns note states that exchanges will only be made if I send a £5 postal order for postage (the original delivery charge was £3.95). If I want a refund they will deduct a £5 admin charge and will not refund any postage costs.

Surely this is not legal? I was under the impression I have seven days to return the goods for a full refund, including postage. I don't want a refund by the way, just a uniform that fits.

DD265

I don't think that they can charge any admin fees under the Distance Selling Regulations.

You may have to pay for the return postage if this is stated in their terms, but provided that they receive your notice (emailed or posted, probably safest to email) of cancellation within 7 working days of receipt, you are entitled to a refund of the full cost of the order.

It sounds as though it might be cheapest to have a refund on this and then place an entirely new order.

halibut2209

Under DSR, as mentioned above, they are LAWFULLY required to refund what you paid AND the P+P they charged to sent it to you.

Whether you are responsible for paying the postage to return it to them depends on their terms and conditions.

They CANNOT apply an admin charge under any circumstances.

It is ILLEGAL for them to apply an admin charge, and it is ILLEGAL for them to refuse to refund the original postage.

mo786uk

I would be going under the Sale of Goods Act route as you have more rights but its a lot more messier and you would have to show the sizings are incorrect or not 'as described' somehow - a lot messier.

I_know_my_ABC_and_my_CMYK

halibut2209 wrote: »

Under DSR, as mentioned above, they are LAWFULLY required to refund what you paid AND the P+P they charged to sent it to you.

Whether you are responsible for paying the postage to return it to them depends on their terms and conditions.

They CANNOT apply an admin charge under any circumstances.

It is ILLEGAL for them to apply an admin charge, and it is ILLEGAL for them to refuse to refund the original postage.

I'm sure there is something about custom made items that differs.

OP was the uniform made to measure?

dewygirl

I_know_my_ABC_and_my_CMYK wrote: »

I'm sure there is something about custom made items that differs.

OP was the uniform made to measure?

It was just 'off the shelf'. I am usually a size 16, but I ordered a size 18 because I have had a salon uniform before (from elsewhere) that was a bit on the snug side. The trousers that came are inches too small. I would say they are a size 14 at the most. I could tell by looking at them that they weren't going to fit.

I checked the website again and there are no explanations of size measurements on there, so you would just have to assume that a size 18 is just that - a standard UK size 18.

There is also no mention of an admin charge in the (very well hidden) terms and conditions on the website, just in the paperwork that arrived with the items.

unholyangel

If the terms and conditions differ on the website from what you were sent, you may be able to claim that you ordered based on the websites T&C's and they then tried to change the contract.

Take a screenshot of the website T&C's just in case they change them (companies have done this in the past when a customer complains).

Whats the link to the website so we can have a look at the T&C's?

Either way the "admin" charge cant be applied. All that can be charged is the cost of returning the items to them - providing you were informed of this as pre-contractual information.

Mark_Hewitt

mo786uk wrote: »

I would be going under the Sale of Goods Act route as you have more rights but its a lot more messier and you would have to show the sizings are incorrect or not 'as described' somehow - a lot messier.

No! The SOGA only applies if the items are not 'as described'. The distance selling regs are a lot simpler and allows you to return the items for any reason before 7 working days.

As others have said, they cannot refuse to refund you the postage and they cannot charge you an admin fee. However you are usually liable for return postage.

If they continue to refuse point out they are acting illegally. They will probably whinge that why should they pay the postage when it's not their fault, well tough, IT'S THE LAW!

dewygirl

But I would argue that it is their fault. It certainly isn't mine. We are not talking about trousers that are just a bit tight here, they are at least two sizes too small.

Anyway, the website is healthandbeautywear.co.uk and the T&C are here: healthandbeautywear.co.uk/terms-and-conditions

Thankyou everyone for your help.

Mark_Hewitt

dewygirl wrote: »

But I would argue that it is their fault. It certainly isn't mine. We are not talking about trousers that are just a bit tight here, they are at least two sizes too small.

That's irrelevant to the distance selling regs here. You can return for any reason, in fact, you don't have to give a reason.

Mark_Hewitt

dewygirl wrote: »

But I would argue that it is their fault. It certainly isn't mine. We are not talking about trousers that are just a bit tight here, they are at least two sizes too small.

Anyway, the website is healthandbeautywear.co.uk and the T&C are here: healthandbeautywear.co.uk/terms-and-conditions

Thankyou everyone for your help.

Read the T&C's, there's nothing on there about return postage costs. It's my understanding (which may be wrong) that because they haven't mentioned postage costs that they are liable for postage to you AND return!

One interesting point in there

Where the customer cancels an order before the item is dispatched, due to them not reading the applicable terms and conditions a charge will be made to cover our payment processing costs.

I believe this to be illegal.