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Marisota charging unlawful P&P on returns?

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  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    geri1965 wrote: »
    No, it says on the back of the depatch note that you can return them instore for a refund.

    Thats correct, but how do the shop know you are using there own return policy or DSR, like i mentioned as per DSR and TK Maxx you are meant to inform them first your intention to cancel the order
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    geri1965 wrote: »
    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.


    For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    edited 3 September 2011 at 7:26PM
    deanos wrote: »
    Thats correct, but how do the shop know you are using there own return policy or DSR, like i mentioned as per DSR and TK Maxx you are meant to inform them first your intention to cancel the order

    Because I told them when I got there that I was returning it under the DSRs. What if a person knows nothing about the DSRs?

    Besides, their reason for not refunding me the postage was not because I hadn't complied by giving them notice in writing - but because he "didn't believe there was such a law"!
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    edited 3 September 2011 at 7:31PM
    geri1965 wrote: »
    Because I told them when I got there that I was returning it under the DSRs. What if a person knows nothing about the DSRs?

    Besides, their reason for not refunding me the postage was not because I hadn't complied by giving them notice in writing - but because he "didn't believe there was such a law"!

    You are meant to inform head office or email them first as per DSR and terms, maybe they then give you some sort of reference number when you go into store or they refund the p+p separately, as the store has nothing to do with mail order that's probably why the manger didn't know anything about the DSR and your rights
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    I did give them a little lesson whilst I was there :D

    It was very amicable and we did not have a row or anything. I just feel that people should be better informed, there must be loads of people who don't realise that they can get the postage back if they know how.
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    Yes i agree with you 100%
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    geri1965 wrote: »
    Well, that is interesting. Could you tell me where in the DSRs it says that cancellation must be in writing?
    Well here is a link to the OFT's guide to the DSRs.

    On page 20 it says...
    What must my consumers do if they want to cancel?
    3.26 They must tell you in writing, or in another durable medium, if they want to cancel. This includes letter, fax or email. A phone call is not enough unless you say in your terms and conditions that you will accept cancellations by phone.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    deanos wrote: »
    Thats correct, but how do the shop know you are using there own return policy or DSR, like i mentioned as per DSR and TK Maxx you are meant to inform them first your intention to cancel the order

    Because Geri told them:
    geri1965 wrote: »
    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.
    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 mark
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    deanos wrote: »
    For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

    But it appears the seller, in the case of TK Maxx, has provided additional facilities, by way of accepting cancellations within their stores.
    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 mark
  • has provided additional facilities, by way of accepting cancellations within their stores.
    Ok, so drop off a covering letter too.
    Requirements met.:D
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