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Marisota charging unlawful P&P on returns?
Comments
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well i eventually had a reply from eastex, as below.
Dear customer,
Thank you for your email and I apologise for the delayed response,
Unfortunately this rule only applies when an order is cancelled, however your order was successfully received and therefore we are under no obligation the refund the postage costs. This is also stated on our website.
But the rules are as i read it
[FONT="]
5.1. Under the Distance Selling Regulations you have a "cooling off" period of seven working days (beginning the day after confirmation of your order) to cancel your order and receive a full refund, including delivery costs.]][/FONT]
So who is right, and is it worth fighting for?
I am so angry with them, their customer service is c**p.
BUT, they do have brilliant sales so i do want to keep ordering from them. Have to say M&S refunded right away when i brought their attention to the same thing.
Their terms currently state
http://www.eastex.co.uk/returns.php
Your original postage costs will only be refunded if the return is due to faulty merchandise and you do not want an exchange.
This returns procedure is in addition to your statutory rights and does not affect your right to cancel the contract within 7 days under the Consumer Protection (Distance Selling) Regulations 2000. If you wish, you may notify us by email to [EMAIL="help@eastex.co.uk"]help@eastex.co.uk[/EMAIL] advising that you wish to cancel your contract before the end of the statutory cancellation period (7 days from the day after you receive the Goods). You must then return the goods to us along with a completed returns slip, as described above.
That is incorrect as the original postage cost must also be refunded in the event of a 'change of mind' under the DSRs. Perhaps you should email back and tell them they are comitting an offence by making statements to deny consumers their rights?
And I see you have reported it as well which is good.0 -
Actually the opposite how as a consumer can you enforce your rights under the DSRs? Knowing your rights wont ensure you get any sort of a refun. You can't in realirty unless the company back steps and agree's. yes technically you could take them to small claims but this is normally either inappropriate or just near not practical. Yes you can report to consumer direct or Trading standards but they wont get your money back. The majority of the time they wont even take action against companies who flout the DSRs. They'll just send a letter.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.
In reality your best defence is to check sellers out before hand and check their terms. If their terms don't follow the DSRs walk away and shop elsewhere'The More I know about people the Better I like my Dog'
Samuel Clemens0 -
well i eventually had a reply from eastex, as below.
Dear customer,
Thank you for your email and I apologise for the delayed response,
Unfortunately this rule only applies when an order is cancelled, however your order was successfully received and therefore we are under no obligation the refund the postage costs. This is also stated on our website.
But the rules are as i read it
[FONT="]
5.1. Under the Distance Selling Regulations you have a "cooling off" period of seven working days (beginning the day after confirmation of your order) to cancel your order and receive a full refund, including delivery costs.]][/FONT]
So who is right, and is it worth fighting for?
I am so angry with them, their customer service is c**p.
BUT, they do have brilliant sales so i do want to keep ordering from them. Have to say M&S refunded right away when i brought their attention to the same thing.
did you cancel the order or just send it back ?0 -
Their terms currently state
http://www.eastex.co.uk/returns.php
Your original postage costs will only be refunded if the return is due to faulty merchandise and you do not want an exchange.
This returns procedure is in addition to your statutory rights and does not affect your right to cancel the contract within 7 days under the Consumer Protection (Distance Selling) Regulations 2000. If you wish, you may notify us by email to [EMAIL="help@eastex.co.uk"]help@eastex.co.uk[/EMAIL] advising that you wish to cancel your contract before the end of the statutory cancellation period (7 days from the day after you receive the Goods). You must then return the goods to us along with a completed returns slip, as described above.
That is incorrect as the original postage cost must also be refunded in the event of a 'change of mind' under the DSRs. Perhaps you should email back and tell them they are comitting an offence by making statements to deny consumers their rights?
And I see you have reported it as well which is good.
Their not necessarily committing an offense though.
They look to be running their own returns policy alongside your statutory rights.
As clearly stated you can email them and cancel in accordance within DSRs within 7 days. In which case you would be entitled to original postage refund OR you can cancel within their own 14 day policy in which case I see nothing wrong in them deducting original postage.
Although I would be sure to explicitly state your cancelling under DSRs to ensure you don't get the mess around.0 -
With reference to my previous post ...
In respect of #1, the supplier must refund both the purchase cost AND the postage. Their T&Cs are irrelevant - they cannot take precedence over the law.
However they CAN charge you for you returning the item to THEM (#2), as long as their T&Cs state this. If they don't then they must also reimburse you the return postage costs. Again they cannot take precedence over the law.
So what exactly are they saying they won't pay you? The postage costs to return the item or the initial postage costs?
The initial postage costs. It was free returns. Thanks for your answer. I'm sure they know that people just get fed up and let it go so they are quids in.0 -
Actually the opposite how as a consumer can you enforce your rights under the DSRs? Knowing your rights wont ensure you get any sort of a refun. You can't in realirty unless the company back steps and agree's. yes technically you could take them to small claims but this is normally either inappropriate or just near not practical. Yes you can report to consumer direct or Trading standards but they wont get your money back. The majority of the time they wont even take action against companies who flout the DSRs. They'll just send a letter.
In reality your best defence is to check sellers out before hand and check their terms. If their terms don't follow the DSRs walk away and shop elsewhere
And this is the very reason for Section seventy-five and charge backs.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Their not necessarily committing an offense though.
They look to be running their own returns policy alongside your statutory rights.
As clearly stated you can email them and cancel in accordance within DSRs within 7 days. In which case you would be entitled to original postage refund OR you can cancel within their own 14 day policy in which case I see nothing wrong in them deducting original postage.
Although I would be sure to explicitly state your cancelling under DSRs to ensure you don't get the mess around.
Sorry Arcon, but to tell consumers that they will not have their original postage costs refunded, when the DSRs state that they must be, the seller is committing at least one offence and maybe two.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
No, because if you are just sending it back without informing them how do they know you are cancelling under the DSR or just using there 14 day returns
Yes, but I think it would have been implied.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0
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