Return Shipping Costs

Fraser74

Hi,

I ordered an item online from Germany, cancelled it 18 hours later and they then shipped it 2 days after this even though they had already acknowledged the cancellation request.

I was advised to refuse the delivery and they would refund me minus delivery once they had the goods back. Not great but fair enough.

The courier dumped the item behind the garage and left a card even though someone was at home so I was not able to refuse delivery.

The company then said by email they would arrange pick up and return for £25 which I emailed back accepting.

Now they are backing out saying it will cost them too much.

The small print of the T's & C's says customer is liable for return shipping costs, but can I hold them to this offer of £25 for pick up?

Thanks.

wealdroam

Fraser74 wrote: »

The small print of the T's & C's says customer is liable for return shipping costs, but can I hold them to this offer of £25 for pick up?

Possibly.

All you need to do is look into Germany's contract laws and pursue them through the courts.

This might be a starting point: http://eur-lex.europa.eu/browse/summaries.html

andycris3107

Fraser74 wrote: »

Hi,
cancelled it 18 hours later and they then shipped it 2 days after this even though they had already acknowledged the cancellation request.

If you received a cancelation confirmation before the item was shipped (2 days prior according to your post) then they should pay full return cost.

How did you pay for your item?
As this was cancelled it may be classed as unsolicited goods and the onus is 100% on the seller to resolve at their cost.

bod1467

andycris3107 wrote: »

As this was cancelled it may be classed as unsolicited goods and the onus is 100% on the seller to resolve at their cost.

Not at all - there was an original agreement, so the goods could never be classed as unsolicited. However, you are correct that if they confirmed cancellation prior to delivery then they are liable* for the returns cost.

* Probably - all Consumer laws for EU countries are based around the same EU directives, so German consumer laws probably include this too. But there's no guarantee that this is the case though.

jjlandlord

The original contract no longer existed when they shipped the goods. As such they shipped unsolicited goods.

vuvuzela

jjlandlord wrote: »

The original contract no longer existed when they shipped the goods. As such they shipped unsolicited goods.

I beg to differ. The definition of unsolicited goods is when there has been no contact whatsoever between the sender and the recipient before something is sent. This is clearly an error and the sender should shoulder the cost of the return. However as the company is German and the recipient in England, it may be difficult...

bris

jjlandlord wrote: »

The original contract no longer existed when they shipped the goods. As such they shipped unsolicited goods.

And back in the real world, you wont get a refund until they have the goods back.

jjlandlord

"Unsolicited" means sent without prior request (see s.6 Unsolicited Goods and Services Act 1971).

If the vendor sends anything after the contract has been cancelled then obviously he sends without prior request. Goods sent in error to someone who did not request them are unsolicited.

bris wrote: »

And back in the real world, you wont get a refund until they have the goods back.

The issue here is that the seller is in Germany.
If he was in this country, in the real world a person should stand his ground and sue for the money if the seller plays silly games.

Sellers go for this kind of cr*p because they already hold the money and they know most people won't get up for their rights.

vuvuzela

jjlandlord wrote: »

"Unsolicited" means sent without prior request (see s.6 Unsolicited Goods and Services Act 1971).

If the vendor sends anything after the contract has been cancelled then obviously he sends without prior request. Goods sent in error to someone who did not request them are unsolicited.

Totally incorrect. There has *clearly* been a prior request, the goods were ordered.
If the OP had asked for a simple quote and then goods were sent, that would have been unsolicited. If the OP had had no contact with the company and the goods were sent, that would have been unsolicited.
However, the order ('prior request') was then cancelled, and it appears a mistake was made to send the item. This in no way, shape or form makes them unsolicited

unholyangel

jjlandlord wrote: »

"Unsolicited" means sent without prior request (see s.6 Unsolicited Goods and Services Act 1971).

If the vendor sends anything after the contract has been cancelled then obviously he sends without prior request. Goods sent in error to someone who did not request them are unsolicited.



The issue here is that the seller is in Germany.
If he was in this country, in the real world a person should stand his ground and sue for the money if the seller plays silly games.

Sellers go for this kind of cr*p because they already hold the money and they know most people won't get up for their rights.

Wrong I'm afraid. The contract was the prior request. The fact that contract has now been cancelled does not change that the request was made.

Goods sent in error remain property of the sender.

Unsolicited goods are goods which have been sent with no prior request either by the recipient or someone on his behalf the intention of the recipient keeping/using them (and then billing them later for it).

zaax

If they are unwanted - I am afraid you will have to pay to ship the goods back. This might help http://www.ukecc.net/

There are cheap European shipping companies

http://parcel.dhl.co.uk/dhl-service-point/size-and-price-guide/?&gclid=CKi9m4vT68MCFXTMtAodRH0Alw