Admin fees

Allan87

I recently ordered a hat online but found it cheaper at another site. I cancelled the original order before it was processed and shipped but was still hit by a £5 charge which is applied for any cancellation or amendment. Does this not go against distance selling rules for a full refund?

wealdroam

Allan87 wrote: »

I recently ordered a hat online but found it cheaper at another site. I cancelled the original order before it was processed and shipped but was still hit by a £5 charge which is applied for any cancellation or amendment. Does this not go against distance selling rules for a full refund?

Yes it does.

On page 25 of the OFT's guide to the DSRs we can see...

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.

A bit further down we can see that no admin charge can be made...

Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

unholyangel

Providing they are a UK company of course. And providing the hat isnt customised or made out of fruit (sorry but banana chicita lady came into my head).

CynicalScotsman

I recently ordered a hat online but found it cheaper at another site. I cancelled the original order before it was processed and shipped but was still hit by a £5 charge which is applied for any cancellation or amendment. Does this not go against distance selling rules for a full refund?

Did you explicitly say you wanted to cancel under DSR or via their own cancellation policy?

wealdroam

CynicalScotsman wrote: »

Did you explicitly say you wanted to cancel under DSR or via their own cancellation policy?

Although a good idea, it shouldn't really be necessary to explicitly state that the cancellation is under DSRs.

Regulation 10 states (amongst other things)...

(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.