Incorrect size, no refund

bod1467

rborob wrote: »

Is this true? Though it's not much postage cost I feel I need to take everything I can from them fro having tried to pull the wool over my eyes originally

It all depends on their T&Cs that applied to your order. If they said the consumer pays for returns then you pay - if they didn't then THEY are liable. (You may have to pay and then claim back from them though, and it sounds like this would be more trouble than it is worth).

Who is the retailer?

staffie1

frugal_mike wrote: »

On the contrary, they do indeed have to cover the return delivery costs

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations
This says they don't (unless the goods were faulty)

rborob

Thanks everyone. Their T's & C's state that any returns should be paid my me. So I'm not fussed about that.

I will however contact them and let them know they can't "deduct" the initial postage charge as they have stated they will do.

Thanks again!

frugal_mike

staffie1 wrote: »

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations
This says they don't (unless the goods were faulty)

Sorry, I mistyped. I meant to say they are required to pay the initial (not return) delivery costs. I'll correct the original post to avoid confusion.

frugal_mike

rborob wrote: »

Thanks everyone. Their T's & C's state that any returns should be paid my me. So I'm not fussed about that.

I will however contact them and let them know they can't "deduct" the initial postage charge as they have stated they will do.

Thanks again!

Strictly speaking the Distance Selling Regulations do not require you to return the item to them (i.e take it to a post office or courier and post it). You just have to make it available for collection by the retailer. They can charge you the direct cost of doing this (again only if their terms and conditions say you have to cover the cost of returns). They have 30 days to collect the items (starting from the day you cancel the contract), and after that you no longer have a duty of care for the item.

I probably wouldn't advise doing that thought because they would probably just refuse to refund you, and you'd have to take them to court.

rborob

bod1467 wrote: »

It all depends on their T&Cs that applied to your order. If they said the consumer pays for returns then you pay - if they didn't then THEY are liable. (You may have to pay and then claim back from them though, and it sounds like this would be more trouble than it is worth).

Who is the retailer?

it's 365games

frugal_mike

rborob wrote: »

it's 365games

See point 15 of their terms and conditions:

15. To cancel an order please e-mail with Cancellation as the subject. You must include your order number, name and full delivery address. Where possible if an order has not been passed to our warehouse, or where a digital purchase has not yet entered into our emailing system, it will not be dispatched if cancelled. You may also withdraw from the contract at any time after the product has been dispatched but no later than 7 working days after the day after you receive the product by returning the unopened order in the same condition it was in when delivered to you with a fully completed returns form. Once returned you will be refunded the purchase cost using the same method as you used to pay within 30 days of your order. You will be liable for all charges incurred in returning the order.

You don't have to actually return the item within the 7 working days, just inform them (by durable means) that you are cancelling.

It's a little funny that this term is in direct contradiction of the one you posted above.

rborob

The reply I got was:

"As this is unwanted then you will have to cover the postage costs yourself. If you did pay postage costs then these will be deducted also, if you did not then no postage costs will be taken from the total of the game. "

So I'll probably just return it, then try and recover the cost of the initial postage afterwards

wealdroam

It is Regulation 14 of the DSRs which specifies that the initial postage cost should be refunded.

Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security
14. (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

Paragraph(5) just says that they sometimes can charge for recovering the goods.

The OFT's interpretation of that is on page 25 of their guide, paragaph 3.48...

What specifically do I have to refund to the consumer if they cancel?

unholyangel

They're also liable for the return costs if they failed to make you aware you were liable for them in a durable form prior to the contract being concluded.

As someone noted above, websites are not durable. Durable is a medium which can be personally addressed to you, can be reproduced and cannot be altered (letter, email, fax etc - although a email containing a link to website T&C's is not durable).