Online postage refund

MoneySavingMouse

Hi,
I returned all of the items I bought from a clothing website, the postage was £10 but they said they don't refund postage. I thought that if you return all the items postage is refunded?
Thanks,

timbo58

do you mean the postage TO you?
in which case quote the ecommerce (distance selling) regulations 2000 which specify they MUST refund in FULL including postage if items are returned and for ANY reason.
The postage to return the items is usually covered also under this unless you are made aware that returns postage is not refunded in their agreed terms.

MoneySavingMouse

Thanks for your reply. I meant the postage to me. Their website says if you request a normal return through DHL, instead of 'cancelling', you lose the DSR's protection. Does this seem correct? £10 is a lot for delivery!

tomwakefield

Who is it?

Basically, you can't waive your statutory rights, no matter what their terms may say.

If you bought something and returned the entire order, you are entitled to a full refund including any P&P costs. You are also entitled to the cost of returning the goods to them unless they specify that you must cover that cost in their T&C.

MoneySavingMouse

Thanks, it's Net a Porter. I will see what they reply to my email, then I may be back on here!

RadoJo

Did you let them know, within 7 days, that you were returning the items and state that this was under the DSR?

MoneySavingMouse

No, I completed the normal returns process. That's why I think I don't qualify for the DSR protection.

tomwakefield

RETURNS AND EXCHANGES USING OUR FREE COLLECTION SERVICE


As an alternative to using your rights under the DSRs, you may prefer to return or exchange items using our free returns and exchanges collection service. You must request your Returns Merchandise Authorization (RMA) number within 7 days of order receipt, and return your unwanted items within 14 days of receiving your RMA number, for a refund of the value of the item only, or an exchange for the same item in a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.

Please refer to our Returns & Exchanges policy for further information.

Shipping is complementary on the replacement item, but exchanges made to destinations outside of the UK will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. See costs for Shipping and Returns.

Please note our free collection service is not available for orders cancelled under the DSRs.

I think this is the bit that is relevant.


To be honest, I'm not sure about the legality of this as they are giving an option to return under DSR and get the full postage back, but they are also offering an alternative (i.e. you have not waived your rights as such, you have just opted not to use them).


I do think, though, that as you end up paying either original delivery or returns delivery, calling it "Free Collection" is a bit misleading.

MoneySavingMouse

I just had this email from them:

On this occasion we are able to issue you a refund, please note for
future reference you would have to request this within 7 days in
writing, either by email or by letter, using an independent courier to
return your goods.

unholyangel

tomwakefield wrote: »

I think this is the bit that is relevant.


To be honest, I'm not sure about the legality of this as they are giving an option to return under DSR and get the full postage back, but they are also offering an alternative (i.e. you have not waived your rights as such, you have just opted not to use them).


I do think, though, that as you end up paying either original delivery or returns delivery, calling it "Free Collection" is a bit misleading.

I agree with what you've said.

I personally would argue that as they accept returns via this method, the DSR's DO apply. I would only say they dont apply if the company do not accept orders returned via this method. DSR's do state that normally cancellation has to be in writing (ie letter, email etc) but if they allow their customers to cancel by other means (telephone) then DSR's would apply to this also.

Of course, was the OP given this as pre-contractual information in a durable form? If not, they cant attach any terms to it.