Can a retailer force me to pay for a mistaken item they sent?

jemzi

I recently purchased from an online retailer for loads of Baby Items, I paid next day delivery to get the items on time and the retailer sent one of the items incorrectly (namely a pink blanket instead of a blue one).

Their customer services were terrible and it took about 4 phone calls to get a refund for the item they sent incorrectly but i eventually did. They have now sent me a letter saying that if I don't send the incorrect item back, they will be forced to charge for me it!

This seems ridiculous as it was their mistake in the first place, the item was only £9 of a £76 order and I shouldn't have to pay for packaging and posting to send it back.

Do you know what my rights are in this case? Would it even be legal for them to charge me? I have never given them permission to do so and I don' think they should even store my card details. They are welcome to come and pick the item up might I add but I'm not paying out more money for their mistake!

Thanks in advance for any insight into this!

ThumbRemote

Legally, you must make the item available for them to collect. So you can give a date and time (at your convenience) when they can pick it up.

Alternatively, you can ask them to send a pre-paid label to send it back to them.

They may suggest you send it back, then they will refund your costs. If you do this, make sure you get proof of posting as if it gets lost in transit, it becomes your responsibility as you paid for the return.

bryanb

Have you asked them how to return it?

giantmutantbroccoli

I have never given them permission to do so and I don' think they should even store my card details. They are welcome to come and pick the item up might I add but I'm not paying out more money for their mistake!

Thumbsremote gives good advice - the company should pay for the return, it shouldn't leave you out of pocket. To answer the bit in bold, most companies (probably all, I don't know) arerequired by the company that provides and maintains their credit card processing equipment to hold onto customers credit card details for a set period of time. I work in a shop and we're required to hold onto details for 6 months! That's for the purpose of preventing/tracking down fraud, though, not so they can charge you extra money without warning.

There's a lot of stuff regarding how they can store the information but the gist of it is: it has to be safe and secure (so no one can steal your details), it has to be kept for the set period, and after that period it has to be safely destroyed.

lilgees1

do they have a store? If so take it their

lynnemcf

Write to the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.