Return of postage for online order

Phebe

Can somebody help please?

If I purchase an item online, decide it's not suitable, then return it back to the store (by visiting the store & in line with their returns policy)...can I claim back the postage for the original online order under the Distance Selling Regulations? If so what clause does it come under please.

I am contacting a large high street store and trying to get my question understood, who keep misunderstanding my question...which I think they are doing on purpose now.

Thank you for your time

tomwakefield

DSR 14.1
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).

However, I'm not sure about whether DSR apply when you're returning it to a store rather than sending it back, or whether the store can insist that you post it back to the online returns address if you wish to return it under DSR. As a result, this may be a return under store policy instead, in which case - their shop, their rules.

Which store is it?

Phebe

Wow that was fast THANK YOU and understand what you mean about returning the item back to the store. They have agreed to refund my RETURN postage, if sent with tracking, but cannot get any sense out of them regarding refunding original postage.

wealdroam

Also, on page 25 of the OFT's Guide to the DSRs we are told...

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.

There are other rules about who pays for the return postage, but as they have agreed to pay that, I'll stop there.

Phebe

Thanks wealdroam...great news!

unholyangel

Its a question which deserves clarification.

IMO, the shop are an "authorised" person you may return the goods to. By doing so, you discharge yourself from your statutory duty to take reasonable care of the goods and retain possession of them.

Essentially I believe it would be down to T&C's and whether they allow you to give notice of cancellation (under DSRs) in any other form other than by writing to the online department. If they permit you to give notice of cancellation to a store, then by rights they should refund you 100%. Not to do so, would surely be a breach of DSRs.

However, they must not use legal jargon in their terms as it is likely to either mislead consumers or have no meaning for consumers. Yes, plenty of large national companies are guilty of having misleading T&C, one only needs to look at the Annexes of Unfair Contract Terms Act to realise that.

It still amazes me the amount of people who think that "its a large national company, they must do everything by the book" - including my mother. Fortunately I've brought her round to my way of thinking after a year in which her employer (a large national company) breached several laws.

Phebe

I think that the employee's of the company are not made aware of legal responsiblites and cannot deal with such related questions. I do feel that if I order something at my convenience (on line) and decide that I just don't like it (which shop's T&C's allow ) then perhaps I should pay for the original delivery out of my pocket. However, I want to clarify the legal position and I suppose just press the point to get them to acknowledge the fact.

arcon5

Also to add, if like you say they are payin the return postage, as long as their terms and conditions permit this, they can lawfully deduct the direct cost of this from the total refund.

mo786uk

Phebe wrote: »

I think that the employee's of the company are not made aware of legal responsiblites and cannot deal with such related questions. I do feel that if I order something at my convenience (on line) and decide that I just don't like it (which shop's T&C's allow ) then perhaps I should pay for the original delivery out of my pocket. However, I want to clarify the legal position and I suppose just press the point to get them to acknowledge the fact.

If they treat the physical store the same as the online store (i.e one same company) then you are entitled to outbound postage and item cost back - obviously there will be no refund postage. remember they are under no obligation to take it back in their physical store under the DSRs.

If on the other hand they treat their online store and their physical stores as 2 seperate entities then they may well class the whole transaction as seperate from the original distance transaction and offer you whatever they want.

Phebe

Good news!

Received email today from leading high street store and they agree that they will refund original postage on orders if all goods returned within 7 days and also to refund return postage on submission of a tracking number.

Flyboy152

I am confused, did they originally deny your postage refund?