Advice about returning to a company who ignore me

Chickabiddybex

I wanted to buy a toy from a company online and I got an error message (from the site not my browser) after I tried to pay so assumed no order went through and ordered elsewhere.

Turns out the original attempt was successful after all and the toy arrived. So I decided to return the toy and looked at the returns info. They do not refund original postage fees. This is against the distance selling regulations so I emailed them to clarify their returns and he DSRs and I've had no reply.

Does anyone have any advice on how best to proceed? I don't really want to name and shame because I like the company.

bod1467

Return the item and get at least proof of posting (free from the PO), or use a courier/tracked service. (Depends on the item value).

Also email the company telling them you are returning the item and cancelling the order under DSRs for a FULL REFUND (including initial postage). If they don't refund fully raise this with your card provider for a chargeback. (I'm assuming the item value is under £100).

Note: If their T&Cs don't mention the consumer is liable for returns costs/postage then THEY ARE LIABLE FOR THESE TOO.

frugal_mike

I would email them with my cancellation but wouldn't send the item back until they ask for it since it sounds like they might be difficult. The distance selling regulations say you do not have a duty to return the goods until the company sends you a request by durable means. The company has to refund within 30 days of the cancellation being sent.

If the terms of the contract say you have to return the goods you have a duty of care over it for 6 months and must return it if you receive the request by durable means within that period. If there is no term in the contract saying you have to return it then you only have a duty of care for 21 days starting the day you cancel.

If they fail to refund in 30 days then you can try the chargeback. If they fail to ask for the item back by durable means within the period that you have a duty of care over it then you are free to do as you like with it I believe.

bris

The banksc charge back system will not get involved with DSR postage.

frugal_mike

bris wrote: »

The banksc charge back system will not get involved with DSR postage.

I can understand that return postage is nothing to do with them, but what about the original postage and packing for sending it to Chickabiddybex? I would have expected that back with a chargeback since it was part of the card transaction.

fluffnutter

bris wrote: »

The banksc charge back system will not get involved with DSR postage.

Why not? Do they have some specific exemption clause in their chargeback terms and conditions? Section 4 a) ii) Exemptions: postage when buying goods online. If you're owed money, you're owed money.

System

good luck op -Ive had the same issue with an item from ideal world that wasn't fit for purpose , all they have refunded is the cost of the item the minute i mentioned refunding the p+p i got a snotty email back and that was that.