Simplybe not refunding delivery/postage charges - Distance Selling Regulations

lindsayu

I recently placed an order on the simply be website, haven't used it much before, but ordered five items. On receiving them nearly a week later none of the items were satisfactory and I sent everything back within a day or two of receipt. Yesterday simply be refunded the cost of the items, but not the postage. I have some very basic knowledge of consumer rights, in this case the Distance Selling Regulations, so phoned up to ask for MY money back. The woman made me feel really stupid and said "why did you return the items?", I replied "because I didn't want them" and she said something along the lines of "you can't just change your mind and expect your money back we've got to cover our costs!" Well ladies and gentleman this is incorrect because if you're buying over the internet you do not have a chance to inspect the products/try them on etc, and therefore are covered by the Distance Selling Regulations. These state that the full cost of delivery has to be refunded to the customer. I think this is one piece of info that a lot of people don't quite realise, and twice in the last year or so I have heard small business owners stating that they do not refund it. Naughty!!

Below is a little section of the email I just sent (was feeling just a little sarcastic!!!):

"As the goods were purchased online, this means they are covered by the Distance Selling Regulations, which stipulate that the customer has the option to return the goods and receive a refund, including delivery costs. Please see the link below for further information (page 10 of the booklet, which for some reason is page 10 of the pdf), or Google is always helpful, just type in the search term "Office of Fair Trading".

(Wouldn't let me post link on here sorry) :mad:

I look forward to receiving a reponse from you in the quoted 48 hours, and to receiving my £2.99 back, plus the cost of the phone call I had to make to complain."

arcon5

Who paid for returning goods? Under DSR if they did (assuming it says so in their terms) then they can deduct the direct cost from the refund.

tomjonesrules

I had this problem with Simply Be also (ordered and realised their clothing was tat). After four emails they eventually backed down saying their manager had authorised it 'as a gesture of goodwill'. I replied to this saying thank you, and if their manager wanted the name of a good consumer law book I'd be happy to help. Clearly she still has not read that book!

unholyangel

From their Returns Policy:
If you wish to exercise your statutory right to cancel, you must notify us in writing within the statutory period and immediately return the items that you do not wish to keep to us at your cost (unless the goods were substitute goods which we selected for you). You must take reasonable care of the goods. If you cancel within the statutory period you may claim a refund of any sum you have paid concerning the goods, less any charges we may make for collecting the goods if you do not return them at your own cost.

fluffnutter

It's not clear from your post whether you paid for the items to be returned, i.e. put a stamp on the package and they've only refunded the item cost and not the original delivery charge.

They must refund the delivery charge (from them to you). They can, however, make a charge for the return delivery (from you to them) if you haven't paid a courier/RM yourself.