Who is responsible for 'chasing' this return?

System

frugal_mike wrote: »

^^ This...

OP can't have a contract with Hermes so its not their responsibility.

Even though they set up an account with Hermes and returned it via their account?

It's only the same as using a Royal Mail freepost service. It's still your responsibility to ensure the item reaches it's destination and not the company who is paying for the service.

jacques_chirac

goater78 wrote: »

Even though they set up an account with Hermes and returned it via their account?

It's only the same as using a Royal Mail freepost service. It's still your responsibility to ensure the item reaches it's destination and not the company who is paying for the service.

No, where something is returned via RM freepost the responsibility is still with the retailer - there is no contractual relationship between the sender and RM.

frugal_mike

goater78 wrote: »

Even though they set up an account with Hermes and returned it via their account?

It's only the same as using a Royal Mail freepost service. It's still your responsibility to ensure the item reaches it's destination and not the company who is paying for the service.

OP did not exchange promises with Hermes so there is no consideration. Therefore no contract.

frugal_mike

Interestingly the Distance Selling Regulations do not appear to fully account for this situation. Regulation 17 says:

(3)!On cancellation, the consumer shall be under a duty to restore the goods to the supplier in accordance with this regulation, and in the meanwhile to retain possession of the goods and take reasonable care of them.

...

(5)!If the consumer—

(a) delivers the goods (whether at his own premises or elsewhere) to any person to whom, under regulation 10(1), a notice of cancellation could have been given; or
(b) sends the goods at his own expense to such a person,

he shall be discharged from any duty to retain possession of the goods or restore them to the supplier.

(6)!Where the consumer delivers the goods in accordance with paragraph (5)(a), his obligation to take care of the goods shall cease; and if he sends the goods in accordance with paragraph (5)(b), he shall be under a duty to take reasonable care to see that they are received by the supplier and not damaged in transit, but in other respects his duty to take care of the goods shall cease when he sends them.

Well this situation does not satisfy 5a) because OP couldn't have delivered the notice of cancellation to Hermes, and it doesn't satisfy 5b) because OP didn't send the goods at their own expense.

I guess the best interpretation is that Hermes are agents of John Lewis and so it more closely matches 5a) than 5b).