Return denied

jaykaybee

Hello,
I have returned an item to an online shop via royal mail recorded delivery. The shop have denied receiving the item, yet I have a signature on the electronic track and trace system that says it was delivered. Does anyone know whether the shop is liable in this situation?
Thanks in advance for any help!
JKB

prowla

So, you have a proof of delivery.

Hopefully then the shop will find its mistake.

bod1467

Have to told the shop you have PoD?

jaykaybee

Yes - I was hoping it may "turn up" when I prove delivery!

I have told them I have a PoD signature but I've not heard back from them yet. Unfortunately the signature isn't recognisable as a name so that doesn't help things.
I'm just wondering what my rights are? As far as I see it, I can prove I sent it and I can prove they received it.

molerat

Was it returned under the DSRs ?

jaykaybee

Erm, I'm new to this. What's a DSR?

molerat

Distance Selling Regulations

jaykaybee

Yes. The item didn't fit and was returned the day after I received it.

molerat

Did you notify the company by durable means, a letter or e-mail, that you were cancelling the contract under the DSRs. If so they must refund you within 30 days of you cancelling the contract. The actual return of the item and the condition of it is then subject to a civil legal dispute between you. If you simply returned the item under their sale or return policy then you have to satisfy them that you have returned it. You need to send them a copy, or an on-line link, of the POD. If they still insist they have not received it then you need to take it up with Royal Mail.

wealdroam

Assuming you cancelled the order properly under Distance Selling Regulations, they are not allowed to refuse a refund because you have not returned the thing.

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

Can I withhold a refund if a consumer fails to take reasonable care of the goods?
3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give consumers an unconditional right to cancel a contract and legally oblige you to refund all sums due in relation to the contract as soon as possible after the consumer cancels, and within a maximum of 30 days. The DSRs do, however, give suppliers a right of action against consumers for breach of the statutory duty to take reasonable care.

It goes on to say on page 29...

Can I include a term in the contract that states that the consumer must return goods within a certain number of days in order to obtain a refund?
3.64 No. Under the DSRs such terms have no legal effect. The DSRs contain provisions aimed at ensuring that businesses do not use contractual terms that deny consumers their rights under the DSRs or impose obligations on consumers that are inconsistent with them. For example, a term making cancellation conditional on the return of goods would be inconsistent with consumers’ rights to receive a refund – see paragraph 3.46. However, you may request that goods are returned within a certain period or as soon as practicable as long as it does not link the receipt of the goods to the giving of a refund.

jaykaybee

Thanks Molerat and wealdroam for your help.
The following is taken from their website:

Under the distance selling regulations, customers in the European Union have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered. This applies to all of our products except for food. We regret that we also cannot accept cancellations of contracts for the purchase of video, DVD, audio, where the item has been unsealed.

Please package the relevant item(s) securely in its original packaging, ??stating the reason for returning it, so that we receive it within seven working days of the day that the item was delivered to you. Items must be returned unused and in their original condition.
For your protection, we recommend that you use a recorded-delivery service.

I complied with these instructions, I guess their 'get-out' would be "so that we receive it..." but I appear to have proof they did receive it.

I'll give them a wee while longer to see if they find it, then get on to Royal Mail to see what they can do.
Cheers,
JKB