Very trying to deny DSR

misssarahleigh

I get a bit annoyed that companies don't follow the DSR. This is the responce I got from Very

Thanks for your email about your return.

I'm sorry that your parcel was not collected when requested. We do our best to collect your returns on the day you’ve chosen, but we can’t absolutely guarantee it.

We will not refund the delivery charge except in cases where the order was cancelled prior to delivery under the UK Distance Selling Regulations or the entire order was faulty.

If you have any further questions just let me know and I'll be happy to help you.

Now, I am right thinking thats wrong aren't i?

Looksguywalker

One sided reply...why not tell us what you said to them?

bris

If you cancelled within 7 days then they must refund all monies paid to them, including the original delivery. They are allowed to charge you for the return delivery though if their durable information complies with DSR and they state this.
It looks to me like they are collecting the item from you so they will treat this as a cost to you by not giving you back your original postage. This seems to be a common way of doing it and the end result is the same.

misssarahleigh

I emailed Very and said something along the lines of

"I would like to cancel my order under the DSR and would politely ask for a refund of postage included in my refund".

My next email was

Thank you for your recent email about the refund for the postage.
I have checked our records and can see that your enquiry has already been resolved.
I am pleased to confirm that we cant refund the postage back as the item was faulty .
If you require any more help please get in touch and we’ll be pleased to help you further.

I was confused as it seemed to contradict so replied asking for clarification, i then got.

Thanks for contacting us about the delivery charge for your order placed on 02/08/12.
I apologise for the previous email.

Unfortunately we are unable to refund a delivery charge unless the order is faulty.
We hope you continue to enjoy shopping with us and we look forward to seeing you online again soon.

misssarahleigh

They haven't actually collected the item yet (Twice arranged) and I believe if they do charge they have to state this (my Next order stated that the price of return would be £3.99 which was the price I paid for outgoing postage, which obviously cancels any refund out)

So, what are the steps I need to take now.

visidigi

as long as you emailed them (classed as a durable medium) within the 7 working days of delivery then you are full entitled to return under DSR, including if the item is faulty or not.

They are only obliged to pay for the return if the Terms and conditions do not specifically state you are liable for the return costs.

If Very have written in to the terms and conditions of the delivery that you must pay return shipping costs unless faulty then this is binding and you will be liable for the cost of return.

If that is the case then your refund would be limited to the product and the shipping of said product to you.

A good description of the DSR's is featured here:

http://oft.gov.uk/business-advice/treating-customers-fairly/dshome/dsrexplained

arcon5

misssarahleigh wrote: »

They haven't actually collected the item yet (Twice arranged) and I believe if they do charge they have to state this (my Next order stated that the price of return would be £3.99 which was the price I paid for outgoing postage, which obviously cancels any refund out)

So, what are the steps I need to take now.

So what's the problem :huh:

If return costs = postage paid you are in the same position had you paid them to collect it.

Their policy states this (as you have already confirmed)...

So either return it to them yourself or accept their reasonable charge.

For most items, you have the legal right to cancel your order within 7 working days of receipt. However this right does not apply to personalised products, perishable goods and audio & video recordings and computer software which has been opened. If you wish to cancel using this right, you need to inform us in writing within 7 working days, starting the day after you received the goods. You must also take reasonable care of the goods and return them to us or make them available for collection. We will not consider that you have taken reasonable care of the goods if they have been used in a way, or to an extent, beyond what would be reasonable when examining them in a shop before purchase. You will be responsible for the cost of returning the goods to us, including the collection cost, if you cancel under Distance Selling Regulations.

misssarahleigh

arcon5 wrote: »

So what's the problem :huh:

If return costs = postage paid you are in the same position had you paid them to collect it.

Their policy states this (as you have already confirmed)...

So either return it to them yourself or accept their reasonable charge.

I was quoting what the T&C are of Next (if you read) not Very (I was making a point on that Next clearly stated this fact on the delivery note).

Very have not said they will charge for collection (like Next did in the paperwork) they are simply saying I cannot have my postage back. They are not saying I CAN have it, but it will cost the same for a collection. They are saying I CANNOT have it full stop because the item wasn't faulty.

Your Right To Cancel Your Order under Distance Selling Regulations
For most items, you have the legal right to cancel your order within 7 working days of receipt. However this right does not apply to personalised products, perishable goods and audio & video recordings and computer software which has been opened. if you wish to cancel using this right, you need to inform us in writing within 7 working days, starting the day after you received the goods. You must also take reasonable care of the goods and return them to us or make them available for collection. We will not consider that you have taken reasonable care of the goods if they have been used in a way, or to an extent, beyond what would be reasonable when examining them in a shop before purchase. You will be responsible for the cost of returning the goods to us, including the collection cost, if you cancel under Distance Selling Regulations.

Now I could go to the click and collect point. But I don't see the point as they are saying I cannot have the postage full stop. Not that I will be charged to have the item collected.

bris

You will be responsible for the cost of returning the goods to us, including the collection cost, if you cancel under Distance Selling Regulations.

This is pretty clear, they collect from you but you pay for it from your refund, so you get the original postage back but not the return postage.
This is normal as most companies don't pay for return costs.

misssarahleigh

bris wrote: »

You will be responsible for the cost of returning the goods to us, including the collection cost, if you cancel under Distance Selling Regulations.

This is pretty clear, they collect from you but you pay for it from your refund, so you get the original postage back but not the return postage.
This is normal as most companies don't pay for return costs.

But they are not saying.

Well will refund postage off £3.95. The collection of your parcel will cost £3.95

They are saying. I cannot have a refund on postage. Full stop

So, If I got to the post office, and post this back, I'm still not going to get anything according to their communication as the item isn't faulty.

Looksguywalker

misssarahleigh wrote: »

But they are not saying.

Well will refund postage off £3.95. The collection of your parcel will cost £3.95

They are saying. I cannot have a refund on postage. Full stop

So, If I got to the post office, and post this back, I'm still not going to get anything according to their communication as the item isn't faulty.

I have no idea what you are saying? Can you clarify please?