Where do I stand?

WolfSong2000

I ordered a product online from a reputable company a week ago. They took the money for the order from my account, but a few days later I received an email saying that my order had be delayed and would likely be dispatched on 17th December. They told me I would be contacted with tracking information once it had been dispatched and that they had upgraded the postal service so I would get it quicker to make up for the delay.

I thanked them for keeping me in the loop, but said that as I was leaving to stay with relatives from 23rd December, I really needed to get the product ASAP.

Saturday 17th came and went and I heard nothing from them, so sent them a message asking to cancel the order, as I assumed it hadn't yet been dispatched. I went out and bought the same product from another comapny (it's a major christmas present for my father).

Roll on today and the product has arrived. I rang the company and they told me I could return it, but I would be liable for the cost of postage (this is a big, heavy item!). I refused, saying that they hadn't kept me informed of what was going on and as a result I had had to buy the product elsewhere. customer service assistant then told me that if I had put in a note asking for cancellation of order then they would refund postage.

I told the agent that I had, and there was proof (which she couldn't find?). She went off to find supervisor, but said they weren't available and that my best bet was to send it back and then a decision would be made by the company about whether to refund me. I refused saying that it should be their responsibility to refund the postage as the only reason I had asked to cancel the order was because they hadn't kept me up to speed about what was going on (something they had assured me they would do).

Anyhow, apparently I have 7 days to return the item (so until the 26th December, which doesn't seem very realistic!), but was told I would have to keep calling back to see if I could speak to someone more senior.

Why should I have to be doing all the running around when they screwed up? Gggrrr.

Anyhow, where do I stand? Do they have an onligation to refund postage....if I hadn't sent a cancellation note, then I understand I would be liable, however they're claiming I left it too late (sent saturday evening). I only sent the note because I assumed they hadn't dispatched the item and so it wouldn't arrive in time!

I realise it's rather complicated, but if I send it back I will be liable for postage both ways (will cost around £15-20 to return as it is a very heavy item) plus a 10% "re-stocking fee" for something that isn't my fault.

MancLass

In a nutshell, the DSRs say unless they say otherwise you are liable for return postage and they will refund product code plus outbound postage.

halibut2209

First of all, you will NOT be liable for the original postage, and they CANNOT charge a restocking fee.

Under the Distance Sellings Regulations, you are entitled to a FULL refund including the initial postage costs.

Please name the company, so we can check the website T&Cs

arcon5

MancLass wrote: »

In a nutshell, the DSRs say unless they say otherwise you are liable for return postage and they will refund product code plus outbound postage.

No.... DSRs state you are not liable for return postage costs unless contractually agreed (ie in their terms).

They will have to issue a full refund including original postage costs within 30 days, but you may be liable for returning the product.

bod1467

And note - returns under DSR do NOT have to be made within 7 days. All you need to do is NOTIFY them of your intention to return under DSR within 7 days; and the 7 days starts the day after delivery.

Technically you don't even need to have had the item returned within 30 days for them to still refund you the purchase costs (including original delivery costs). But not many retailers would actually make the refund without having the goods back first.

And as said before , they CANNOT charge a restocking fee.

WolfSong2000

Hi guys,

Just had a call from them again reiterating that they wouldn't refund the cost of postage, which I thought was outrageous. To be fair, the woman I've been speaking to has been really lovely - couldn't ask for a nicer attitude, and she was obviously doing her best, but I was still unhappy with the company's decision, so I reiterated that I had only made the cancellation because I believed that the item hadn't been dispatched. If I had been notified that if had been dispatched, I wouldn't have cancelled. Cue about 20 mins of me trying to argue my point, with the lady on the other end saying her manager was unavailable when I said I wanted to escalate the call.

Eventually she put me on hold and came back a few mins later and said they would refund after all. I requested that they send me an email to confirm this so I have something in writing (a phone call isn't good enough). So just waiting on that.

As I said, woman I spoke to was very nice, did everything she could, but the company policy itself is ridiculous!

And for the record the company is 247 electrical.

WolfSong2000

bod1467 wrote: »

And note - returns under DSR do NOT have to be made within 7 days. All you need to do is NOTIFY them of your intention to return under DSR within 7 days; and the 7 days starts the day after delivery.

Technically you don't even need to have had the item returned within 30 days for them to still refund you the purchase costs (including original delivery costs). But not many retailers would actually make the refund without having the goods back first.

And as said before , they CANNOT charge a restocking fee.

That's interesting as they're saying that they want to product back within 7 days (actually works out as less when you tak into account it's christmas this week), but that I wont be refunded until some time next year, which seemed a bit cheeky!

At the moment I have the same item on order from Comet with a supposed guaranteed delivery date of wednesday...may return this item wednesday or thursday, depending on when Comet item arrives just in case it doesn't (pessimistic of me, I know, but it's a major present so can't afford to not have it!)

halibut2209

RETURNS POLICY FOR 247electrical.co.uk The product is unwanted
1. We must be informed within 7 days of dispatch date.
2. The item must be in a completely resalable condition. The product must be returned complete with all parts; such as speakers, leads/cables, remote controls, batteries, stands, manuals etc.
3. The item itself must be returned within 7 days of receiving a final authorisation from us.
4. The item must be returned via Royal Mail Recorded Delivery or by courier. Unfortunately, you will have to incur the postage charge for this. We can arrange our own courier for havy and bulky items only, though again you will have to incur the charge.
5. Product refunds for unwanted goods will not include original postage costs we have incurred and we have to deduct a further 10% restock fee from your original purchase price.

1. Wrong. It's within 7 WORKING days of RECEIPT of the product
2. First sentence is wrong. Second sentence is true
3. Wrong. You have 30 days starting from when you inform them of your intention to return
4. First sentence is wrong. You can send it back however you like. Though obviously recorded is better. Second sentence is pretty much true. The DSRs state that if the consumer is responsible for return postage, then it must state so in a DURABLE format. A website is NOT considered durable. But if you've been sent the T&Cs in an email etc then you must pay for the return.
5. Wrong and Wrong. They MUST refund original postage, and they must NOT charge a restocking fee.

So it's pretty much all wrong!

halibut2209

Just found this bit on their website


Under the Distance Selling Regulations we are obliged to action a refund within 30 days of written request being received. However as a customer focused organisation we set standards that far exceed our obligations. Accordingly our internal target to action a refund is 4 days, which we always endeavour to achieve.

If goods have been despatched and require return our target is to action the refund within 4 days of receipt at our returns centre or certainly within 30 days of the cancellation being requested, if that occurs sooner.

If you have decided to cancel your order or wish to return your products to 247electrical.co.uk we will refund your credit card within 30 days of written cancellation being received.

dibuzz

Did you buy the replacement product online or in a shop? If it was in a shop could you not take that one back?

WolfSong2000

Thanks guys...found a government website with information for businesses on DSR regulations - apparently, technically I have upto 3 months to return the item (no intention of taking that long!), so have sent them an email pointing this out along with the fact that I am very busy and may not be able to get it posted until after Christmas. Also, that I realise any delay my end in returning it results in a delay with regards to a refund and I am happy with this.

Just curious - why do they say they will charge a re-stocking fee if they are not allowed to do this? I've seen other online retailers try and do the same thing.

Thanks again all of you for your help - you're a great bunch