Am I wrong to be refusing to pay for returning the items?

Knill

A website I ordered from offered a deal which was pair of shoes, jeans, shirt and a hoodie for £35 which I felt was a good deal so I ordered.

A day after ordering I got an email saying the shoes had been canceled off my order and I would be refunded £2.55 for them. They sent all the other items.

I told them I would like either a pair of shoes to be sent when they come back in stock and for them to take the £2.55 back or my whole order returned as the shoes were supposed to be included in the deal.

The refused to send shoes out when they come back in stock and they are saying that I must pay to return the items.

Is there anything I can do here or is there nothing wrong with what they have done?

frugal_mike

Knill wrote: »

A website I ordered from offered a deal which was pair of shoes, jeans, shirt and a hoodie for £35 which I felt was a good deal so I ordered.

A day after ordering I got an email saying the shoes had been canceled off my order and I would be refunded £2.55 for them. They sent all the other items.

I told them I would like either a pair of shoes to be sent when they come back in stock and for them to take the £2.55 back or my whole order returned as the shoes were supposed to be included in the deal.

The refused to send shoes out when they come back in stock and they are saying that I must pay to return the items.

Is there anything I can do here or is there nothing wrong with what they have done?

If returning the goods under the distance selling regulations then this will depend on what the written terms of the contract state (which I believe must be supplied to you in durable form at the time of your order). If they do not state that you must pay for return postage then they cannot charge you.

However since they were offering you a packaged deal at a special price then you *might* also have a claim under the sale of goods act for breach of contract. You didn't buy the shoes for £2.55 afterall, but the whole package for £35. The other items for £32.45 is a deal you clearly wouldn't have agreed to. Someone else may know the precedent, but if the SOGA does apply then I believe they cannot charge you return postage either as they would have to put you back in the position you were before the order.

arcon5

Tell them you are rejecting the order under the Sales of Goods Act as it doesn't conform to the goods description. Tell them you expect a full refund and will make the goods reasonably available for collection at their expense or if they give you the money to return them you will do so.

But no you are most certainly not in the wrong.

Knill

Here is the emails between us. They are refusing to be responsible for what has happened. Could anybody help me as to what I should put?

I have bolded my message and left theirs normal so it is easier to tell the difference between the two.

MESSAGES
Sent by: You. 14 May 2013, 23:49
Hey, I just had the pair of shoes from my order '28249694' cancelled and a message saying my £2.25 would be returned to me.

Is it possible to pick another pair of shoes for the same price when they come in stock as the shoes were part of a deal and I wouldn't be able to buy them separately for that price.

The shoes I actually wanted were the ones shown in the picture here - (there is a picture here but as I am a new user I can't post links) but they went out of stock before I managed to order so I settled for the other pair which I have just had an email telling me they have been cancelled off my order.

Please could I have the pair shown in the picture in a size 9 for the same price of £2.25 when they come back in stock? If not, would it please be possible to cancel my whole order. Thank you.
Sent by: TheHut. 16 May 2013, 17:49
Hello Aaron,

Thank you for getting in touch about your recent order.

I am really sorry but once an order is placed I am unable to amend it.

I understand this is disappointing and as the rest of the order has already been dispatched I cannot cancel it either.

Should you still wish to return these items, once they have arrived please do get back in touch & I will make the necessary arrangements.

Kind regards,
Rich

TheHut Customer Service Team
Sent by: You. 16 May 2013, 19:26
You say you are unable to amend an order once it has been placed yes my order was changed by having the shoes get canceled from me after I had ordered. I don't understand how it is fair that you can cancel something off my order without asking but can't add it back on.
Sent by: TheHut. 19 May 2013, 14:39
Hello Aaron,

Thank you for getting in touch about your order #28249694.

I am sorry for the confusion Aaron, our system is fully automated and this item was cancelled automatically by our system due to lack of stock. Because of our system being fully automated we are unable to add alternative items to your order.

In regards to cancelling your order, I am unable to complete this request as your order has already been despatched, however once you receive your items you may return these for a refund.

Again I am sorry for the disappointment and any frustration caused.

If there is anything else that we can do, then please do not hesitate to get in touch and a member of our team will be happy to help.

Kind regards,



TheHut Customer Service Team
Sent by: You. 19 May 2013, 15:23
I would like to return the items in that case. How do I go about doing this?
Sent by: TheHut. 21 May 2013, 13:06
Hello Aaron,

Thank you for getting in touch to let us know you would like to return order #28249694.

All instructions for return can be found within the link below which provides you with our returns form and address label.

(link here but I cant post it as I am a new user)

If you are unable to print these documents, please do not worry. Simply write down your order number, the reason for return and RA Number onto a piece of paper and place it in the package with the item instead. The address label can be hand written onto the parcel, but please ensure you include all relevant information.

Your returns authorisation number is 216304.

Please note that all unwanted items must be returned unused and in the original condition that they were received. We are unable to exchange items and so a refund will need to be processed upon receipt of your return.

When you return your item please remember to ask the Post Office for a 'Proof of Postage'. We ask that you keep this safe until you have received your refund.

Once you have sent your order back to us, please allow at least 10 working days for your refund to be processed.

If there is anything else that we can do, then please do not hesitate to get in touch and a member of our team will be happy to help.

Kind regards,

Chris

TheHut.com Customer Service Team
Sent by: You. 21 May 2013, 17:04
What happens about the cost of returning it?
Sent by: TheHut.com. 23 May 2013, 11:01
Hello Aaron,

Thank you for getting in touch about your return.

As these items are being returned unwanted Aaron we are not able to cover the cost of the postage for the return unfortunately.

I am sorry for any disappointment or frustration caused.

If there is anything else that we can do, then please do not hesitate to get in touch and a member of our team will be happy to help.

Kind regards,

Chris

TheHut.com Customer Service Team
Sent by: You. 26 May 2013, 13:15
But the reason I am returning the items is the fact that they were part of a deal but you decided to cancel the shoes off my deal. It is not my fault that you still let users attempt to buy items that are out of stock but don't tell them until you decide to cancel that item a day later...

Why can you just not send the shoes or accept that you are at fault and pay the shipping? I have done nothing wrong here but I am being punished by having to pay to return the items.

The deal included jeans, shirt, hoodie and shoes yet I have only received the jeans hoodie and shirt.
Sent by: TheHut.com. 28 May 2013, 10:22
Hello Aaron,

Thank you for getting in touch about returning your order.

I'm very sorry for the confusion Aaron, however, as the system automatically cancelled your order, we were unable to provent this. I'm afraid because the items you are wanting to return are now classed as unwanted we are unable to cover the postage for returning.

Apologise again for any inconvience.

If there is anything else that we can do, then please do not hesitate to get in touch and a member of our team will be happy to help.

Kind regards,
Holly


TheHut.com Customer Service Team

battleborn

£2.25 shoes? were they made of paper?

zaax

At the end of the day its not what you ordered, they don't understand DSR and SoGA and you will have to take them to court to get your money back.
You could contact Trading Standards and get them to remind them of the law.

frugal_mike

Firstly, under both DSR and SoGA I believe you are under no obligation to return the goods. You have to take reasonable care of them and make them available for collection by the seller.

Secondly £2.55 does not seem a reasonable valuation for a pair of shoes, even in a deal. This seems to be bordering on a bait-and-switch type situation. When you made the order did you have an itemised cost for the order, or just the £35?

If just the £35 then I'm fairly certain they will have breached the contract and you can reject under the SoGA. In this case they definitely have to cover your return postage.

If they gave an itemised cost on the bill then it may be that each item is treated separately. Perhaps someone else can clarify this (which is why I only said it *might* apply in my previous post)? However from your description it sounds like it was a deal with a single non-itemised price.

Lastly their emails say they are treating the return as 'unwanted', which probably means they are treating this as a return under the DSR. In that case their term that the item be 'unused and in the original condition' would be unenforceable. If they got that wrong there is a good chance that they did not send you a description of your DSR rights in durable form. If they did not inform you that returns under DSR had to be paid for by you then have to pay for the return under DSR too.

tinkerbell28

TheHut?

Enough said the internet is full of horror stories about them. Another consumer website had pages and pages of issues like this....until mods saw it disappear off the face of the earth.

Report it to trading standards.

Knill

frugal_mike wrote: »

Firstly, under both DSR and SoGA I believe you are under no obligation to return the goods. You have to take reasonable care of them and make them available for collection by the seller.

Secondly £2.55 does not seem a reasonable valuation for a pair of shoes, even in a deal. This seems to be bordering on a bait-and-switch type situation. When you made the order did you have an itemised cost for the order, or just the £35?

If just the £35 then I'm fairly certain they will have breached the contract and you can reject under the SoGA. In this case they definitely have to cover your return postage.

If they gave an itemised cost on the bill then it may be that each item is treated separately. Perhaps someone else can clarify this (which is why I only said it *might* apply in my previous post)? However from your description it sounds like it was a deal with a single non-itemised price.

Lastly their emails say they are treating the return as 'unwanted', which probably means they are treating this as a return under the DSR. In that case their term that the item be 'unused and in the original condition' would be unenforceable. If they got that wrong there is a good chance that they did not send you a description of your DSR rights in durable form. If they did not inform you that returns under DSR had to be paid for by you then have to pay for the return under DSR too.

Each item was full price until all 4 items were added to basket and then each item went down a certain amount until the full price was £35

the_lunatic_is_in_my_head

frugal_mike wrote: »

Firstly, under both DSR and SoGA I believe you are under no obligation to return the goods. You have to take reasonable care of them and make them available for collection by the seller.

SOGA:

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

DSR depend on the terms but if correct and the consumer fails to return then the direct cost of recovery maybe deducted from the refund.

The Hut are the pits when it comes to customer service, cheap products, rubbish service. Ask them for a phone number to discuss rejecting the order under the Sale of Goods Act.

timbstoke

"Dear Holly,

I will outline this once more. The goods are NOT unwanted, and if you are prepared to complete the order as originally placed, I will be happy to keep the goods already delivered.

I ordered a package of 4 items. This is not what I have received, and therefore I wish to return the order as it is not as described. This is covered under the Sale Of Goods Act, and as such, you are liable for the cost of return postage.

Please either confirm that you will cover the cost of return postage, or provide your registered address for service of court papers. I am not prepared to continue going round in circles over this.

Regards,

Me.