Cancelling under Distant Selling Regulations

TallArnie

I recently returned an internet order within 7 days, using Collect+ which they recommended. I got a refund of the goods, but not of the initial shipping costs (I know I'm responsible for the return shipping costs). I sent them an email asking for a refund of the initial shipping costs, but they refused saying that I should have emailed them that I was returning the items under the DSR. I wasn't aware of this requirement. Is this actually correct? Do you by law have to send notification or can the merchant bury it somewhere in their T&Cs?

I'm not going to make a fuss of it, as it's only £4, but still I feel like I got caught out even though I thought I understood the rules.

The official response from the merchant was:

Thank you for your recent email.

I regret to inform you that we will not be refunding the postage costs of this order, had you informed us of your intent to cancel you order in accordance with the Distant Selling Regulations (see below), then, although the return cost would still have been your responsibility and would not have been refunded, the original £3.95 postage cost for the order would have been placed.

If you are in the European Union and you cancel your order within seven days after the day you get your goods, and you cancel the whole order, we will refund the standard postage and packing costs you paid as part of that order (if any), in accordance with the Distance Selling Regulations. You need to notify us within the 7 day cancellation period via written communication to comply. We accept email communication as notification.

I appreciate this information does not assist you at this moment in time but do hope that you will find it useful for future purchases.

bris

You need to send them cancellation notice by durable medium, email will do, that you are cancelling under DSR.

You used their returns procedure so their rules apply.

halibut2209

bris wrote: »

You need to send them cancellation notice by durable medium, email will do, that you are cancelling under DSR.

You used their returns procedure so their rules apply.

Incorrect

"What must consumers do if they want to cancel?

They must tell you in writing or in another durable medium
such as e-mail, if they want to cancel but not by phone
unless your terms say this is acceptable. The effective date
for cancellations under the DSRs is the date on which the
consumer gives notice of cancellation to you."

Also, OP, did they tell you your rights to cancel under DSRs in writing? (website does not count)

bod1467

I seem to recall that sending the items back within 7 days is classed as "another durable medium". So DSR requirements have been met - they owe you the initial shipping costs.

TallArnie

@Halibut2209: as far as I remember, the receipt held a shortened version of their own returns policy (which doesn't really apply, I reckon), referring to their website for the full details. But I have no way of verifying, as they asked me to fill in the back of the receipt detailing which/how many items I returned and the reason why, and include it in the returns posting.

halibut2209

The issue is whether the email you sent was within the time limits allowed by DSRs. This is normally 7 working days starting the day after delivery.

BUT if you didn't not get a durable copy of your rights under DSR then you have 3 months to tell them. (website is NOT durable)

They should also be aware that they cannot force you to use their returns policy. DSRs trump them.

TallArnie

@halibut2209: I only emailed them after three weeks when checking my credit card statement. I did not email or contact them in any way when returning the goods, except for filling in the back of the receipt, enclosing that into the returns bag, and following their recommended returns policy (Collect+). I didn't think it would be necessary to notify them that I was returning the goods, given that I followed their instructions and was indisputably within the 7-day period. I have now been told that I was wrong, and that I should've sent an email for it to qualify under the DSR. In other words:

Is it correct that you cannot claim under DSR when you have not explicitly told them that it's a return under DSR?

Basically the merchant says: you didn't notify us that it was a DSR return, and therefore our normal company returns policy applies.

WTFH

So, when did they first find out you were returning the goods? Was it when the goods arrived at their door?
If so, how many days later was that?

TallArnie

@WTFH: Correct, i.e. when the goods arrived at their door, which probably was 2 or 3 days after the day I received the goods.

unholyangel

TallArnie wrote: »

Is it correct that you cannot claim under DSR when you have not explicitly told them that it's a return under DSR?

The DSRs themselves state:

(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.

So no, you don't need to explicitly tell the retailer you want to cancel under DSRs. You only need to make them aware you intend to cancel however it does need to be durable (so phone call wouldn't be enough for example).

TallArnie

Maybe this is where the crux is. I returned the goods without explicitly specifying that I cancelled it, and therefore my order was processed as an unwanted return rather than as a cancellation.

Let me rephrase my question then:

Is it correct that you cannot claim under DSR when you have not explicitly told them that your cancelling the order?

@unholyangel: based on your answer, it looks that this is correct. I cannot claim back the initial shipping costs, because I should have specified somewhere that I was cancelling the order when returning all the items.