Distance selling regulations

Essexbabe

Okay, so here's one for you.

On 1 June (before the new regs came into effect) I placed an online order with Want That Dress. The dress arrived on 4th June and whilst it was nice enough, it just didn't suit me, so I immediately filled in returns section online to let them know I would be returning it and posted it back, paying postage (was fine about paying that as it said I would have to on their website).

Yesterday (29 June) I got a credit refund into my Paypal account of the amount of the dress but no original postage cost refunded. I phoned them and quoted Distance Selling Regs, but they told me that because I hadn't used the word 'cancel' when I filled in the online returns form, I wasn't entitled to a refund of the original outbound postage. Are they right? Does it really come down to semantics of saying 'cancel' over 'return'?

daytona0

I've always found this as really weird... without stating that you want to "cancel" then it is basically just an unwanted return (they can't assume you want to do X when you state you want to do Y)0 but on the other hand it should realistically (in terms of common sense) be a contract cancellation by default...

I think they are right - you haven't asked to cancel the contract so it was assumed that you were returning under their returns policy/as unwanted. Now that they have resolved it you can't really go back and claim contract cancellation

ThumbRemote

From the DSRs (my bold)

For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

I think they are having a laugh to claim that because you didn't use the specific word 'cancel' then you haven't cancelled it. It's clear that the very act of filling in the returns form is expressing your intention to cancel the contract.

CKhalvashi

ThumbRemote wrote: »

I think they are having a laugh to claim that because you didn't use the specific word 'cancel' then you haven't cancelled it. It's clear that the very act of filling in the returns form is expressing your intention to cancel the contract.

I'm thinking along these lines, too.

DSR's are law, law overrides store policy.

bod1467

As above, TR is correct.

If they won't play ball, contact your card provider and ask about a chargeback for the original postage. Or ... perhaps remind the seller that they have a statutory duty to refund your initial postage, and if they don't do so you'll make a chargeback for it (which will probably actually cost them more, once fees are taken into account). That might kick them into action.

unholyangel

From DSRs:

(3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

You do not need to use the word cancel.

unholyangel

daytona0 wrote: »

I've always found this as really weird... without stating that you want to "cancel" then it is basically just an unwanted return (they can't assume you want to do X when you state you want to do Y)0 but on the other hand it should realistically (in terms of common sense) be a contract cancellation by default...

I think they are right - you haven't asked to cancel the contract so it was assumed that you were returning under their returns policy/as unwanted. Now that they have resolved it you can't really go back and claim contract cancellation

Which amounts to a cancellation under DSRs :P

Essexbabe

Ooo, am getting mad! Phoned them back and quoted what you said - thanks for all advice btw, and was told that refunds are different to cancellations, and I should have done a 'notice of cancellation'. Explained, calmly, that the law states 'however expressed' etc, but he just kept saying that legally it's a different thing. I then suggested that his website is perhaps hiding the fact that people are entitled to get this postage cost back, as how is the average consumer supposed to know the difference when other companies offer postage back?, but he told me to put it all in an email (fobbing me off basically). It's only bloomin' £3.95, but I'm riled now and it's the priniciple of the thing!!!

neilmcl

Go get em. :T

wealdroam

Send them a Letter Before Action...

Dear Sirs,

re: Order xyz123.

Your recent correspondence states that you are not prepared to refund the original postage when I indicated that the goods were unsuitable and returned them.
Your reasoning being that I did not explicitly use the word 'cancel'.

This is contrary to Regulation 10 of The Consumer Protection (Distance Selling) Regulations 2000 which says:

• (3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

Please can I ask that you reconsider your position.

If I have not received the outstanding amount of £3.95 within the next 21 days, i.e. by <whatever date>, I will not hesitate to start a small claims court action.

Yours etc.


While you are waiting for a response, you might want to read MSE's Small Claims Court guide.

Essexbabe

Thanks for that Wealdrom, that is definitely my next piece of correspondence. I sent an email on Monday, putting it all in writing, and surprisingly enough, have not heard back! Not a sausage! They shut at 5pm, so have just sent a reminder email, asking them to do me the courtesy of replying. Will phone again tomorrow, and if they're not playing ball still I will use that template. Am a bit unsure about threatening Small Claims for £3.95 though.