USC - refund of shipping

DGCKiwi17

I ordered on item of clothing online from USC; unfortunately their sizing information was not particularly accurate and I returned said item within 7 days.

I duly received a partial refund.....my initial shipping charge was NOT refunded.

I thought Distance Selling Regulations stipulated that I am entitled to have the shipping also refunded ? OK, so it's only £2.99.....but we are on a money saving forum right ?

:cool:

neilmcl

Yes, they have to reimburse the original postage, however did you specifically state you were cancelling within the terms of the DSRs. I think you should get back to USC and see what they say.

wealdroam

neilmcl wrote: »

...did you specifically state you were cancelling within the terms of the DSRs.

Not sure you really need to state that, although it certainly is a good idea to do so.

DSRs regulation 10 says...

Right to cancel
10.—(3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

Note the words "however expressed".

DGCKiwi17

neilmcl wrote: »

Yes, they have to reimburse the original postage, however did you specifically state you were cancelling within the terms of the DSRs. I think you should get back to USC and see what they say.

They're ignoring my emails to Customer Services. Wonder why.

deanos

wealdroam wrote: »

Not sure you really need to state that, although it certainly is a good idea to do so.

DSRs regulation 10 says...Note the words "however expressed".

If you don't state it then they may think you are returning under there own return policy which would not include a refund for postage

unholyangel

deanos wrote: »

If you don't state it then they may think you are returning under there own return policy which would not include a refund for postage

Then they could be accused of unfair business practices and trying to mislead consumers.

If you notify them of your intent to cancel and they do not comply with the DSRs, they are in breach of them. They can say they thought whatever they like! They'd still get their knuckles rapped for it.

Company policy cannot override statutory rights. Your statutory rights are a legal minimum.

deanos

unholyangel wrote: »

ead consumers.

If you notify them of your intent to cancel and they do not comply with the DSRs, they are in breach of them. [/B].

They would comply if you cancelled under the DSR i presume ,but if you don't tell them they may presume like i said under there own refund policy.

unholyangel

deanos wrote: »

They would comply if you cancelled under the DSR i presume ,but if you don't tell them they may presume like i said under there own refund policy.

And to do so is wrong and in breach of consumer law. Regardless of their reason for doing so, they are still depriving you of your statutory rights. Statutory rights are the absolute legal minimum < those words are key. That means that anything which gives you less than the legal minimum is in breach of consumer law, an automatic unfair contract term and the company could get in hot water for it.

Providing you meet the requirements to cancel under DSRs (ie inform them in writing you intend to cancel within 7 working days starting the day after you receive the delivery) they have to allow you to cancel under DSRs. They cannot say "you didn't mention DSRs so you cancelled under our policy". The DSRs themselves (as pointed out above) state "however expressed" meaning it doesn't matter how you word it!

deanos

i dunno if you stick something in a bag with a return note how do they know under what policy you are returning it, under there own or DSR that's my point

DGCKiwi17

I stuck it in a bag with a note saying sizing inaccurate. Therefore it automatically meets the requirements of DSR as I understand them.

Anyway, I just got my money for shipping refunded although they wouldn't explain exactly why !

Personally, I think it is because I went totally overboard and blitzed their facebook page with queries relating to their refund policy.

Thanks everyone for your help.

unholyangel

deanos wrote: »

i dunno if you stick something in a bag with a return note how do they know under what policy you are returning it, under there own or DSR that's my point

If its within 7 working days (from the date it was posted) and expresses your intent to cancel then under DSRs!

You don't seem to understand that they cannot limit your statutory rights. No policy can restrict (or replace) your statutory rights. Their policy cannot be LESS than what is afforded to you by law. It really is that simple.