Return of faulty goods & postage refund.

As645

Hi, I'm unable to find an answer as to where I stand in this dilemma and am hoping someone can help.

I purchased a product from a company, which was faulty, and I returned it approximately two weeks after purchase. The company stated in their returns information that they recommend the item being sent in a manner that receives proof of postage (e.g Signed for/Special delivery), as they will be unable to offer an exchange/refund should the item be lost in transit. They do, however, provide a Freepost address, but this method as I understood does not provide the proof of postage. They do state returning goods in a tracked method is 'optional and we are not liable for costs'.

However, as the item was faulty I am under the impression that they should still be liable for the returns postage cost of the item. I was not prepared to send goods around the value of £40 untracked and run the risk of being financially affected should they be lost, so I sent it Royal Mail 1st Class Signed For, in order to obtain proof of postage.

Through Paypal I requested they refunded my postage cost of £4.10, however, they declined the request and gave me the message "We have checked our system and can see that you have been supplied with a freepost address and advised that returning orders via tracked service is optional and that the sender is covering the cost."

I'm just wanting to know who is in the right here; as they provided me with a Freepost address which I neglected to use as to avoid financial liability for any lost item am I responsible for the postage costs, or am I covered under the Distance Selling Regulations, which do state

"Youcan never require consumers to pay the cost of returning substitute goods.If the goods are faulty or do not comply with the contract, you willhave to pay for their return whatever the circumstances."

In such case, were I covered by the DSR, would I be advised to continue messaging them (via Paypal) and advising them that it is indeed their responsibility, or should I simply escalate the dispute and get Paypal to resolve it?

All help is greatly appreciated.

Trinitrotoluene

Technically, you could have gone to the post office and provided proof of postage (for free) and sent it to the Freepost address at no cost to yourself.

That said, what you have done is not unreasonable so I would escalate it with Paypal - you will likely get further but I'm not 100% if you're in the right here. It will depend on the exact wording of their terms.

mighty_hammers

Hi I had to return some goods to a company as they were faulty, like you they said proof of purchase was required. I emailed them directly and asked for postage refund just under £10.00, they offered £5.00 so i sent them another email with my legal rights ( no consumer should be out of pocket etc) and kept hassling them, then they paid up. good luck

bris

Bottom line is they only need to refund the cost of the return they do not need to refund any extra in the ways you do it such as tracked.

You can get proof of postage from the post office free and you would be covered by the post office for the £40 if it gets lost.

You need to get it to them, proof of postage is not proof of delivery please remember that.

Paypal would insist you return it tracked and upload it to them but they will not refund any postage costs.

shaun_from_Africa

Provided that the system hasn't changed in the past couple of months, There is nothing to stop you using the freepost address and then paying the extra to get signed for added on. (I know this isn't of any use now, but it might come in useful in the future).

I did this last December and the PO receipt shows "Home shop returns + SF" and I was charged £1.10 in the Post Office.