Marisota charging unlawful P&P on returns?

sleepyfrog

I ordered an item from Marisota in a few sizes but none fit, so returned them all via their free carrier returns service.

On checking my account I found that while they have credited the returns they had not credited the initial £3.99 delivery charge.

I have rung them this morning and after speaking to several people and quoting the DSR they finally agreed to credit the cost.

However, they made it out as a 'goodwill gesture' and that as it says on their website T&Cs that they would only pay for returns I was liable for the initial postage.

My understanding is that the initial delivery fee was covered by DSR, and therefore had to be refunded, and that it was the return portion that could be optional depending on the T&Cs of the company. I therefore told them that it didn't matter what was on their website as the DSR took precedence.

Was I right? If so, should I report the matter to get their online T&Cs changed, and if so who would I complain to?

wealdroam

sleepyfrog wrote: »

I ordered an item from Marisota in a few sizes but none fit, so returned them all via their free carrier returns service.

On checking my account I found that while they have credited the returns they had not credited the initial £3.99 delivery charge.

I have rung them this morning and after speaking to several people and quoting the DSR they finally agreed to credit the cost.

However, they made it out as a 'goodwill gesture' and that as it says on their website T&Cs that they would only pay for returns I was liable for the initial postage.

My understanding is that the initial delivery fee was covered by DSR, and therefore had to be refunded, and that it was the return portion that could be optional depending on the T&Cs of the company. I therefore told them that it didn't matter what was on their website as the DSR took precedence.

Was I right? If so, should I report the matter to get their online T&Cs changed, and if so who would I complain to?

Yes, you were right.

I am not sure there is anything technically wrong with having 'dubious' terms in T&Cs.
They are just not enforceable.
The problem is that they can get away with it because some people do not know their statutory rights.

Report to Consumer Direct if you want to.

gordikin

The T&C's on their website:-

http://www.marisota.co.uk/shop/policies?decoration=true&finalTarget=policies_returns

...You must take reasonable care of the goods. If you cancel within the statutory period you may claim a refund of any sum you have paid concerning the goods, less any charges we may make for collecting the goods if you do not return them at your own cost.

...which to me look okay.

wealdroam

gordikin wrote: »

The T&C's on their website:-

http://www.marisota.co.uk/shop/policies?decoration=true&finalTarget=policies_returns

...You must take reasonable care of the goods. If you cancel within the statutory period you may claim a refund of any sum you have paid concerning the goods, less any charges we may make for collecting the goods if you do not return them at your own cost.

...which to me look okay.

I agree Gordikin.

By not refunding the initial postage, it looks like they can't be bothered to adhere to their own T&Cs.

Mark_Hewitt

I could name several retailers who state in their terms that outward postage will not be refunded. It still seems common practice, they probably know fine well this is in contravention of the DSR.

arcon5

Maybe its to cover the cost of returning the items to them ? bit of a backwards way of doing it though if they say they pay for returns but don't refund initial postal cost

sleepyfrog

Thanks Gordikin

To be honest I hadn't checked the T&Cs online yet - was just going on the 2 people on the phone who were adamant that it said quite clearly in their T&Cs on the website that they would not refund postage and that it "would have been checked by their legal department".

Obviously a case of trying to get away with not refunding the postage to people who don't know the DSR.

arcon5

Their trying to hold £3 as porbably just cost them future orders. Doesn't make much sense to me.

If it was a bulky item that cost a fair bit to send out then maybe a little more understandable why their trying it on

Mark_Hewitt

Then they should state that the £3.99 charge is to cover return postage, and not make out that this part is free.

sleepyfrog

Well, they did lose a customer - I told them to cancel my account as I wasn't prepared to deal with companies who don't adhere to the DSR!

dmg24

sleepyfrog wrote: »

Well, they did lose a customer - I told them to cancel my account as I wasn't prepared to deal with companies who don't adhere to the DSR!

As you didn't actually buy anything, and hence they made a loss from your transaction, I doubt they'll miss you too much!