Marisota charging unlawful P&P on returns?

bod1467

I agree with deanos - unless return under DSR is explicitly stated then the company could interpret things either way, and would most likely interpret it to their own advantage.

Optimist

Flyboy152 wrote: »

Yes, but I think it would have been implied.

There is no implied about it. You need to specifically give notice to the supplier that you are cancelling the contract under Distance Selling Regulations

mo786uk

arcon5 wrote: »

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.

The terms are currently written in a way which is misleading to those who are know knowledgable on the DSRs IMO. Therefore it is an attempt to restrict rights.

arcon5

mo786uk wrote: »

The terms are currently written in a way which is misleading to those who are know knowledgable on the DSRs IMO. Therefore it is an attempt to restrict rights.

I agree with this website, but the point is they may run two different return policies alongside each other. You probably knew that, just nit picking.

arcon5

Also...

if the poster has just sent them back, although they may have dispatched them within 7 days it may not have been received by the company within 7 days so they are not informed, nor is it implied that they are doing so until after the statutory cooling off period has passed -- so it would be fair to process the refund based on their 14 day policy and not refund postage.

geri1965_2

I had this issue with TK Maxx today. I ordered a coat online, but it was too big, so I returned it to the store for a refund. The shop assistant said he would only refund the cost of the coat, not the postage to me as it had been successfully delivered. When I suggested to him (and subsequently his manager) that I was entitled to a refund of the postage under the DSRs, they said they were unaware of such a thing and it was their company policy not to refund postage. They did refund me but only as a "goodwill gesture" and said that in future I had to bear in mind the conditions of their returns policy.

I'm just wondering if it's worth writing to their head office, as the member of staff said that online returns was included in their training, and they were specifically told not to refund postage.

deanos

geri1965 wrote: »

I had this issue with TK Maxx today. I ordered a coat online, but it was too big, so I returned it to the store for a refund. The shop assistant said he would only refund the cost of the coat, not the postage to me as it had been successfully delivered. When I suggested to him (and subsequently his manager) that I was entitled to a refund of the postage under the DSRs, they said they were unaware of such a thing and it was their company policy not to refund postage. They did refund me but only as a "goodwill gesture" and said that in future I had to bear in mind the conditions of their returns policy.

I'm just wondering if it's worth writing to their head office, as the member of staff said that online returns was included in their training, and they were specifically told not to refund postage.

Did you contact TK Maxx and cancel the order as per DSR and there terms and conditions or just walk into the store and ask for a refund

"If you are a consumer (i.e. you are not purchasing either wholly or in part for your business, or you are not a business) you have the right under the Distance Selling Regulations to cancel the contract and receive a full refund. You have seven working days from the date of receipt of the goods to cancel your contract in writing to us at TK Maxx, Customer Service, 50 Clarendon Road, Watford, WD17 1TX or by email to customerservice@tjxeurope.com, following which you must return your order in full. Please see our Returns Policy for details on how to make a return or refer to the despatch note received with your order. Any return made by post is at your own cost. If your contract is cancelled in this way we will refund any payment made when ordering, including your delivery charge, within 30 days of receipt of the cancellation."

geri1965_2

No, it says on the back of the depatch note that you can return them instore for a refund.

wealdroam

geri1965 wrote: »

No, it says on the back of the depatch note that you can return them instore for a refund.

DSR specifically state that cancellation must be made in writing, unless agreed otherwise.
And indeed the quote in an earlier post by Deanos confirms their cancellation requirements under DSRs.

The back of the despatch note appears to be nothing to do with DSRs.

geri1965_2

Well, that is interesting. Could you tell me where in the DSRs it says that cancellation must be in writing?

If that is the case, I will just ensure that I spend enough to get free delivery and then return the things I don't want.