Am I right?

notanewuser

Ordered some items from a website in the new year. It was a Friday evening and I used an offer code which was due to expire on the Sunday. The item was above the spend level for free shipping. Happy days.

I didn't receive a confirmation email (website said I would) and the order did not show up in the "account" section of the website. However, the purchase tracked with topcashback.

By Sunday the order still wasn't showing and I'd received no e-mail. Their customer service phone line was a recorded message telling me to look on their website (helpful - not). I posted on their Facebook page but got no reply.

As I didn't want to miss out on the discount code and voucher I placed a second identical order on the Sunday tea time. An hour later I'd had no email and it wasn't showing in the online account. It had tracked with TCB though. I sent a secure message via the account section of the website explaining what had happened and that I only wante one order to be fulfilled. I received a response around 26 hours later telling me that both orders had been dispatched and nothing could be done until they arrived. One pair arrived on the Tuesday and the other the following day.

I sent another message saying that if they sent me a returns label I would return the second parcel to them. The discussion hasn't moved from them saying that they can't cancel the order and ill have to pay to return the item (will be several £££s). I keep explaining that I COULDN'T cancel either order because they never showed up in my account because of their stupid systems and their customer helpline is anything but.

Who is in the right here?

brendon

I'm not sure there's much you can do. I guess you'd have to pay to send the items back under DSR since you did make 2 orders, not one.

WTFH

What is the value of the items?

hollydays

Did the emails go into something other than your inbox?

bris

It was a week end and you were impatient, result 2 orders, your own fault really.

timbo58

although I agree with above statements, I think the DSR doesn't force a customer to return the goods at their own expense does it?
i.e. as long as you safely store said items and make them available for collection the DSR states it's the companies responsibility to get the goods back?
Mad though I know -some smaller places could go out of business with such silly regulations IMHO!

frugal_mike

timbo58 wrote: »

although I agree with above statements, I think the DSR doesn't force a customer to return the goods at their own expense does it?
i.e. as long as you safely store said items and make them available for collection the DSR states it's the companies responsibility to get the goods back?
Mad though I know -some smaller places could go out of business with such silly regulations IMHO!

Not quite right. You are correct that the DSR's do not require you to actively post the item back, you just have to make it available for collection within 21 days of the order cancellation date. After that period there is no more duty of care for the product (unless the company tries to collect and you refuse within that 21 day period).

However the DSR's also state that the company can charge the direct costs of recovering the item as long as a term of the contract states that the customer is responsible for return postage and the customer has no right to reject the goods under any implicit or explicit term of the contract. It's certainly not the case that the DSR's always make the company pay for return postage.

In this case we don't know what the terms of the contract were yet so can't say who is responsible for return postage. I bet the company will refuse to refund until they have the item back though, so unless Section 75 applies it may be difficult to get the money back from them without court action. That may be a bit excessive just for the cost of postage.

notanewuser

WTFH wrote: »

What is the value of the items?

I paid £63 (goods worth £90).

notanewuser

hollydays wrote: »

Did the emails go into something other than your inbox?

No. I never received any confirmation e-mails (but their marketing ones had no trouble getting through ).

notanewuser

frugal_mike wrote: »

In this case we don't know what the terms of the contract were yet so can't say who is responsible for return postage. I bet the company will refuse to refund until they have the item back though, so unless Section 75 applies it may be difficult to get the money back from them without court action. That may be a bit excessive just for the cost of postage.

http://www.thehut.com/returns-policy.info

http://www.thehut.com/terms-and-conditions.info

http://help.thehut.com/index.php?action=artikel&cat=21&id=16&artlang=en

http://help.thehut.com/index.php?action=artikel&cat=22&id=14&artlang=en

peachyprice

COST OF RETURNING ITEMS

Please note that we can only refund the postage costs for returning an item where:

we sent you the wrong item, or
the item is damaged or faulty; or
where you are returning a substitute or replacement item which you do not want to keep.
We will not refund postage for items found to be in good working order. Costs of posting the item back to you will depend on the item and will be communicated to you after the testing process has been completed.

Seems like you have to pay for return postage, it was you after all who duplicated the order, not them.