Delivery charge for returned item

reck_uk

Hello, i've purchased a case for my kindle from a Amazon marketplace seller. On delivery I realised I'd ordered the wrong type of case so now want to retutn it.

They've told me I have to cover the cost of returning the item which I have no problem with. However they are refusing to pay back the amount I paid in order to have the item delivered in the first place, only willing to refund the cost of the case.

I thought they were obliged to refund the total cost including delivery when requesting a refund on the first 14 days of delivery?

We're not talking a lot in this case but old like to know in this situation if they should be offering a full refund

Many thanks.

reck_uk

This is what they said in regards to not refunding the dicey charge.

"We do have some actual postage cost, handling fee, and warehouse fee , I will deduct shipping fee from the price"

I suppose they could turn round and say its a "handling/stocking" fee. What is this cost anyway? I'd be returning it in the original packaging.

bod1467

Did you open the packaging? (I don't mean the box it came in, unless that was a branded box, but any sealed wrapping). If not then the goods will be exactly as shipped and thus there is no reduction in value of the goods. Thus they cannot reduce the value of the refund. (If there was NO sealed wrapping then you would be returning the goods as-shipped anyway - you are allowed to open the outer packaging to check the goods conform to contract).

(They may be playing fast and loose with the new Consumer Contract Regulations [which replaced the Distance Selling Regulations], which DO allow for a reduced refund if the value of the goods have been affected by, for example, breaking a seal. But even the new CCRs don't allow for a restocking/handling fee, and the full initial postage cost must still be refunded).

reck_uk

Hi Bod,


Yes I opened the packaging for the case but it's simply a plastic bag with a clip seal at the top. I've put the case back in and clicked it closed so it's exactly how I received it now.


From what you're saying, as the goods are exactly how I received them, I should be entitled to a full refund including delivery.


I don't suppose you have any official links I could forward on to the seller informing them that they should be refunding me for the delivery charge and that warehouse\admin fees aren't allowed.

bod1467

http://www.legislation.gov.uk/uksi/2013/3134/contents/made ... specifically part 3 clause 34, paragraphs 8 onwards.

Also ... http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

reck_uk

Many thanks for that bod. I'm no expert on consumer laws but from reading some of that text it seems we (the consumer) were better off under the old distance seller law rather than this new consumer contracts law that supersedes it.


It appears our rights are being eroded away.


I've replied to the Amazon seller so i'll see what happens.


Cheers.

visidigi

Im curious.

How much was the case and, separately how much was the delivery charges?

Just wondering if this is one of those sellers who gouges the price of the product and makes its margin on the delivery.

gik

reck_uk wrote: »

Many thanks for that bod. I'm no expert on consumer laws but from reading some of that text it seems we (the consumer) were better off under the old distance seller law rather than this new consumer contracts law that supersedes it.


It appears our rights are being eroded away.


I've replied to the Amazon seller so i'll see what happens.


Cheers.

I think they have become fairer.

bod1467

The CCRs swing the pendulum back towards the retailers, but overall they are probably fairer.

MY concern is that the CCRs leave open doors for unscrupulous retailers to shaft consumers on refunds ... how is a reduction in value claim countered such as in the OP's situation?

frugal_mike

Well unless there is an ombudsman, the only option will be for the consumer to take the retailer to court. It would then be up to the retailer to justify any deduction they made.

I guess we as consumers should always take photos when we return things, just in case.

reck_uk

OK, just wanted to follow up on this and thank bod1467 for his help with this.


I replied to the retailer and stated that as I returning the case in exactly the same condition and packaging as I received it in that they should not be charging me any admin\warehouse\restocking\whatever fee and that they should be offering me a full refund including the initial delivery.


I quoted and linked to legislation.gov.uk page bod pointed me to.


Guess what? Got a reply this morning and they did not even try and dispute what i'd said. They would now offer a full refund and not charge me any sort of fee.


This really pishes me off. I get the impression their policy, and this might be widespread, is to try and get out of paying delivery charges and then add on fee's initially to see if the customer will pay. Then if they complain they simply drop the fees and delivery and say ok. Basically just trying it on to see if they can make a bit of money of a return.


I'd just like to be clear this wasn't about the cash though, the delivery would probably only have been a £2-£3 pound and the initial delivery was around £2, so we aren't talking a lot. I just don't like to be taken advantage of for simply not knowing the full ins-and-outs of consumer law. Not everyone has a bod to consult with


@visidigi. Case was around £12, delivery around £2.