Distance Seling regs and postage refund?

gavcradd

Hi, I think I know what I'm talking about but I'd like someone else to back me up before I get into anything too deeply...

I bought some shoes (for my wife) from Irregular Choice on the web but they were too small. I sent them back, requesting to cancel the order under the Distance Selling Regulations and asking for a refund of the shoes AND the postage (from them to me). They have agreed to the refund of the price of the shoes, but NOT to postage refund.

They have 2 arguments - Firstly, that their terms and conditions say that they will not refund postage and secondly, that I paid for next day delivery and so a refund wouldn't apply anyway.

I *think* that neither of these arguments stack up (certainly not the first one where DSR regulations are clear) but I'd appreciate any other thoughts.

Thanks!

frugal_mike

Their terms and conditions cannot exempt them from refunding the postage from them to you. The terms can only require you to pay for return postage to them.

As for next day delivery I don't remember anything specific exempting that, but someone else may know more.

shaun_from_Africa

There is an amendment to the DSR's in the pipeline that exempts sellers from having to refund postal charges if the consumer requested an enhanced service, but this hasn't been implemanted yet. (there are also a lot of other changes planned), so at the moment, the retailer should refund P&P irrespective of the service chosen.

(see pages 16 and 17)
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/32690/12-999-consultation-implementation-of-consumer-rights-directive.pdf

arcon5

Who paid for the return of the shoes?

If they did, they are entitled to deduct the direct cost of this from the refund though - if their terms cover it.

gavcradd

I paid to return the shoes, but I want the initial postage from them to me back. It's not a huge amount but it's the principle that they're ignoring their obligations.

The online shop is Irregular Choice if it makes any difference.