Company refusing to refund delivery charge

lickle_monster

Hi,

I was wondering if anyone could help. I ordered some clothes online from a catalogue company, paid a £5.00 delivery charge but didn't like the items so I returned them (at my own expense).

I asked the company for a full refund including the delivery charge but they have only refunded the money for the clothes and not the delivery charge.

Despite emailing them and referring to the DSR rules which stipulate a full refund including delivery charge they have emailed me back saying "it is clearly mentioned on our return policy that we do not refund the delivery charges on returned items".

Are they within their rights to refuse a delivery charge refund because it is written in their small print? Or am I still entitled to a refund on the delivery charge despite what they say? I know it's only £5.00 but I'm already out of pocket as I had to pay to return the items and also I see it as a matter of principle. Please help! Thanks in advance.

tomwakefield

lickle_monster wrote: »

Hi,

I was wondering if anyone could help. I ordered some clothes online from a catalogue company, paid a £5.00 delivery charge but didn't like the items so I returned them (at my own expense).

I asked the company for a full refund including the delivery charge but they have only refunded the money for the clothes and not the delivery charge.

Despite emailing them and referring to the DSR rules which stipulate a full refund including delivery charge they have emailed me back saying "it is clearly mentioned on our return policy that we do not refund the delivery charges on returned items".

Are they within their rights to refuse a delivery charge refund because it is written in their small print? Or am I still entitled to a refund on the delivery charge despite what they say? I know it's only £5.00 but I'm already out of pocket as I had to pay to return the items and also I see it as a matter of principle. Please help! Thanks in advance.

No. The DSRs are statutory rights which overrule any T&Cs which the company may have to the contrary.

Who is it?

wealdroam

Did you send the complete order back?
If not, they do not have to refund the outbound postage.

Otherwise, Distance Selling Regulations state that all monies paid must be refunded.
Did you cancel the order under DSRs?

there's a link to the OFT's guide to the DSRs in this post.

lickle_monster

Thank you both. The company is Rupali, it's an Asian clothing company. Wealdroam, yes i did send the complete order back and i sent them a letter stating that i was returning the items and wanted a refund. I double checked the OFT guide to DSRs before emailing them to remind them that they owe me the delivery charge. I even quoted clause 3.48 of the DSR regulations in my email but their response made me question whether their small print does mean they can get away with not refunding me the delivery charge.

If, as you say, the DSR regulations overrule their T&Cs then how do i prove this and what should I say to them other than repeating myself?

pcombo

Why should the company be out of pocket 2 times because you dont like the items, that YOU! ordered.

shaun_from_Africa

Because it's a legal requirement perhaps, or do you believe that any person or business should have the right to pick and choose which laws to obey and which ones they can ignore?.

Anyway, if it is a well run and organised business, they should have estimated the returns that they expect over the year and factored the postage costs into their prices.

halibut2209

pcombo wrote: »

Why should the company be out of pocket 2 times because you dont like the items, that YOU! ordered.

obvious troll is obvious

cardinalbiggles

Outbound postage costs do not need to be refunded under DSR, thats a common misconception.

wealdroam

lickle_monster wrote: »

Thank you both. The company is Rupali, it's an Asian clothing company. Wealdroam, yes i did send the complete order back and i sent them a letter stating that i was returning the items and wanted a refund. I double checked the OFT guide to DSRs before emailing them to remind them that they owe me the delivery charge. I even quoted clause 3.48 of the DSR regulations in my email but their response made me question whether their small print does mean they can get away with not refunding me the delivery charge.

If, as you say, the DSR regulations overrule their T&Cs then how do i prove this and what should I say to them other than repeating myself?

One way to focus their minds is to send them a letter before action.
Tell them they have (say) seven days to pay the missing money or you will start court action to recover that owed.
Send it recorded delivery.

Money Claim Online will help.

You'll find links to those items in bold in the thread entitled
READ ME FIRST PLEASE . . . Useful links, Resources and FAQs

wealdroam

cardinalbiggles wrote: »

Outbound postage costs do not need to be refunded under DSR, thats a common misconception.

Seems like the Office of Fair Trading have also got it wrong then.

On page 25 the OFT's guide to the DSRs it says...

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

I think I know who I'd rather rely on.

Can you substantiate your claim?

shaun_from_Africa

The legislation itself also states that the original payment must be refunded and the only deduction allowed is the return costs (and then, only if this was stated in the precontract information)

14.—(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract,