Help needed with pursuing refund

Mr_Omi

Hi there all,

I'm a newbie on here, and I did try my best to make sure I was opening this in the correct part of the forum, but my apologies in advance if it isn't.

I have an issue that I'd like some advice on, and would appreciate if anyone here can assist me in any way.

I ordered some wooden flooring from Kensington Floors/Posh Flooring for £659 (inclusive of ~£50 delivery). During the course of the order (by phone), I specifically requested next-day delivery and was told it wasn't possible, and the earliest possible date of delivery was Monday 14th. Upon taking some advice from a builder friend of mine, I cancelled later that evening after they had closed, and spoke to them again the next morning, requesting a full refund, and was told that according to the T&Cs I would get a full refund minus the cost of delivery as they were unable to cancel the delivery even though it was not for another three days. When I challenged this, I was told that even though it was not being delivered till the 14th, it was classed as a next-day delivery on their system (even though I was previously given the option of delivery on the Saturday, which I declined as it would've cost me even more).

The T&Cs are as follows:

Cancellations and Returns

Here at poshflooring.co.uk we use several delivery methods, our own vehicles, or outside carriers being Parcel companies or Pallet carriers. If in the event you are not entirely happy the following policy will be adhered to;

At llp London ltd we want every customer to be completely satisfied with whatever they order from our store, we know how important it is to get exactly what you want, especially if its for your own home or project. Whether it be a large or small order we are more than happy to accept returns.



You can return your order up to seven days after the day of delivery, providing it is in resalable condition. Seven days gives you adequate time to check your order and inform us of your wish to return. Resalable condition will be checked when the order is returned and we have outlined some tips to help you meet our return requirements. If you do not meet the below requirements we cannot a return;


Refund

BY UK Law refunds have to be made within 28 days from the date return. However, as a company we believe this is too long and we work to a 7 days cleared fundsrefund policy, but it is often much quicker. If the product has a fault we will look to replace the product at our cost as soon as you make us aware with photo evidence to hello@poshflooring.co.uk. If you simply change your mind about your order we will give you a full refund with any delivery costs deducted. You are also able to return the product yourself but this has to be prearranged with our office.

I argued that I was not returning, I was cancelling before delivery, and the person I spoke to insisted that it was too late to cancel the delivery, and that I should just refuse it when it arrived. As it was a Friday, and the delivery wasn't planned till Monday, I was at a complete loss to understand how or why this was considered an acceptable way to conduct business, but lost patience with the representative's complete refusal to entertain any of my questions, and just decided to wait until my refund was processed and, if necessary, pursue it via the legal route if the delivery charge was still deducted.

Between now and then, I've both emailed and called to chase up the refund itself, and till today still have not received it. I called again today, and after giving my account details yet again, I've been assured my refund will be processed today. I then enquired about the exact amount I would be refunded, and was told after some time that it would be ~£550. As you can imagine, I was pretty furious at this point, and when I queried this was told that I was being charged not one but TWO delivery charges, one for them delivering to my house, and another for taking it back. Again, the more I tried to argue this, the more difficult the person on the other end of the line became stubborn and uncooperative, and in the end he dropped the phone on me whilst I was still talking.

Can someone please advise me if ANY of these costs are lawful, and how I can recover them if indeed they are?

Many thanks in advance

unholyangel

Were you told of your rights under the distance selling regulations?

Did you receive anything by email from them to state whether it was next day delivery or standard? You mention earliest delivery was 14th but dont say which date/time you placed the order.

How did you pay for the items?

wealdroam

It looks like you are quoting from their Returns Policy.

I found this in their Terms & Conditions:

Cancellations and Returns

Here at poshflooring.co.uk we use several delivery methods, our own vehicles, or outside carriers being Parcel companies or Pallet carriers. If in the event you are not entirely happy the following policy will be adhered to: In accordance with the Distance Selling Regulations 2000 you have the right to cancel your order, up to 7 days after you have received the goods. All returns and cancellations must conform to the guidelines laid out in the “Distance Selling Regulation” a guide of which can be found at:

https://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

If goods have not been dispatched (sent) we will refund you the full invoice amount within 2 working days of notification.

If you have taken delivery for your goods you must return the goods to us at your own expense following our authorization. Returns will only be accepted within 7 days of receipt. We will then refund the order in full less any direct expenses we may have incurred in fulfilling the original agreement. Direct expenses incurred include any delivery costs whether charged or not. Deliveries are calculated by weight and delivery location.

If the courier arrives at your address and you refuse to delivery and cancel the order you will be liable for any direct expenses we may have incurred in fulfilling the original agreement. Direct expenses incurred include any delivery costs whether charged or not.

All goods must be re-packed as they were received. Refunds will be made to the payment card that was initially used to make the purchase, within 7 days of cancellation. Returns and cancellations can not be accepted on special order products.

To cancel or amend your order you must inform us either in writing or by email: iwoodflooring@aol.com.

It looks very much as if they are trying to do the right thing, but have not quite got it right.

That OFT guide they link to is good and easy to read.

In that guide you will find that if you cancel your order using the prescribed method, i.e. send an email to iwoodflooring@aol.com, you will then be able to refuse the delivery without any cost to you.
See paragraph 3.35 in that OFT guide:

Can a consumer cancel an order before they receive the goods or where goods are lost in transit?

3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such asituation cannot be treated as a breach of contract.

Note that they must refund all monies paid.

That is reinforced in para 3.48:

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

3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre-payment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home.

Mr_Omi

unholyangel wrote: »

Were you told of your rights under the distance selling regulations?

Did you receive anything by email from them to state whether it was next day delivery or standard? You mention earliest delivery was 14th but dont say which date/time you placed the order.

How did you pay for the items?

thanks for your response, and apologies for the omitted information. I ordered by phone on Thursday 10th April, and paid by card. I've just rechecked the email, and there's nothing in it to indicate whether it was a standard or next-day delivery.

In addition, I've just checked my account, and they've refunded me £511, which in effect means they've deducted £150 for delivery charges. Surely this is unlawful? The total cost of the goods excluding delivery was £600!

wealdroam wrote: »

It looks very much as if they are trying to do the right thing, but have not quite got it right.

That OFT guide they link to is good and easy to read.

In that guide you will find that if you cancel your order using the prescribed method, i.e. send an email to iwoodflooring@aol.com, you will then be able to refuse the delivery without any cost to you.
See paragraph 3.35 in that OFT guide:


Note that they must refund all monies paid.

That is reinforced in para 3.48:

thank you too for your response. from what I understand then, I am within my rights to request a full refund?

If so, can you please advise how to proceed?

wealdroam

Mr_Omi wrote: »

thank you too for your response. from what I understand then, I am within my rights to request a full refund?

If so, can you please advise how to proceed?

Now that they have refunded you, the order is clearly cancelled.

Did you cancel the order as described in their T&Cs:

To cancel or amend your order you must inform us either in writing or by email: iwoodflooring@aol.com.

If not, then it may not be possible to insist on a full refund, because you did not cancel the order in writing.

Sorry, I cannot think of a way round this.

Maybe someone else will be along shortly.

unholyangel

Were you informed of your rights under Distance Selling Regulations (ie that you have 7 days to cancel starting the day after delivery and must do so in writing)?

eskimo26

Surely a case of sending a letter before action? Also would these not be considered unfair terms?

arcon5

Did you go in store or anything prior to confirming your order over the phone?
You'd potentially be liable for any costs associated with the goods being returned to them.

visidigi

arcon5 wrote: »

Did you go in store or anything prior to confirming your order over the phone?
You'd potentially be liable for any costs associated with the goods being returned to them.

The goods never left the seller!

The seller is pulling a fast one they should refund all monies.

OP said this in the OP...

I cancelled later that evening after they had closed, and spoke to them again the next morning, requesting a full refund

Which reads like it was cancelled via email and then again in a followed up with a phone call.

You should send a letter before action, this retailer would be in trouble if this got to court...

Mr_Omi

Hi, I just want to thank everyone that contributed to this, and also inform you that I have this morning received my refund in full.

Horrible company to deal with, will never go anywhere near them in future.

Gussy_D

Hi there, this is a first for me but I really need some advice. I ordered a dress from "Rock My Vintage" website for my daughters prom. The dress was £125 quid and the company had a clear return policy so I wasn't unduly concerned if she didn't like it as I was aware I would be able to get a refund (sic)
Having tried the dress on twice , (hanging it up in a protective plastic wrapper in between) she then decided she didn't want to keep it. I had kept all the original wrapping and returned the dress by 1st class post, wrapping it really well and paying for insurance (cost £9!)
The company gave me a returns number so all was well.. so I thought.

I received an email on 23rd June telling me that they had received the goods and had processed my refund.
I then got another email later saying that they were unable to refund as the dress had an odour and had clearly been worn!! Now I know some teenagers can be a bit ripe but she'd had a shower before trying on and the dress was in perfect condition when I returned it! I am livid but realise i am now in a vulnerable position - how can I prove the dress was in brand new condition? I have emailed and rang them and they say they will phone me back but i have had no response so far! I am absolutely gutted about this ... is it just a ploy to avoid a refund? is there anything i can do? I paid by masterard. ~Any advice will be gratefully received!