Distance Selling Regulations - Postage Costs

mum67

Hi, my son bought a pair of trainers online which when arrived did not fit so we returned them. We had to pay return postage. The company offered free delivery but on returning them they have deducted the postage from the amount refunded. I know that under the distance selling regulations (or whatever they are called now) they should refund the postage as well and I am assuming they shouldn't be deducting postage from the refund when they offered free postage even if it's in the terms and conditions but could someone confirm this for me please.

Thank you.

bod1467

Did you actually pay to return them? If yes then they cannot withhold the initial postage, regardless of whether or not it was free.

If you used their returns process then what they've done is not unusual.

(Just to get some clarity - I know you said you paid, I'm just wondering HOW you paid/what method you used to return them).

Is this Sports Direct? (Sounds like them).

mum67

Yes I had to actually pay to return them, there was no free returns service. I arranged the return using Hermes courier service. No it wasn't Sports Direct it was a company called The Chimp Store.

bod1467

You are legally right; they are legally wrong.

Whether the value of the deduction is worth the time and effort in pursuing this only you can decide.

Maybe search this forum/site for Chimp Store ... the name is ringing a bell.

mum67

Thank you for your help. An email to them is in order I think purely because of the principle of it but the amount is small and probably not worth anymore effort than this, unfortunately I expect they bank on this.

wealdroam

mum67 wrote: »

Thank you for your help. An email to them is in order I think purely because of the principle of it but the amount is small and probably not worth anymore effort than this, unfortunately I expect they bank on this.

If you are going to write, you might like to quote from Regulation 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Paragraphs (1), (2) and (3) clearly state that in your case they must refund all monies paid:

Reimbursement by trader in the event of withdrawal or cancellation

34. —(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).
(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.
(3) In that case, the trader must reimburse any payment for delivery received from the consumer up to the amount the consumer would have paid if the consumer had chosen the least expensive common and generally acceptable kind of delivery offered by the trader.

unholyangel

Did they actually notify you of your rights under the CCRs. They replaced the DSRs - consumer contract (information, cancellation and additional charges) regulations 2013.

If the trader complies with providing the information to you prior to the contract conclusion, you have 14 days starting the day after receiving the goods to notify them you wish to cancel. You then have a further 14 days from the day you notify them to send the goods back.

If they have not informed you (as part of info required prior to contract conclusion) that you are responsible for return postage costs then they are liable for those also.

Theres quite a few blatant breaches on their site so I wouldnt be altogether surprised if they havent complied with providing you the info.

Nessun_Dorma

unholyangel wrote: »

Did they actually notify you of your rights under the CCRs. They replaced the DSRs - consumer contract (information, cancellation and additional charges) regulations 2013.

If the trader complies with providing the information to you prior to the contract conclusion, you have 14 days starting the day after receiving the goods to notify them you wish to cancel. You then have a further 14 days from the day you notify them to send the goods back.

If they have not informed you (as part of info required prior to contract conclusion) that you are responsible for return postage costs then they are liable for those also.

Theres quite a few blatant breaches on their site so I wouldnt be altogether surprised if they havent complied with providing you the info.

http://www.thechimpstore.com/returns.php

I Returned My Items But You Haven’t Refunded My Shipping Costs!

Any postage costs incurred for outbound delivery are non-refundable on the return of goods. Also returned items that have been subject to free shipping and are being returned for a monetary refund not exchanged goods will have our original delivery cost deducted from the amount refunded. Standard delivery is charged at £2.95 and Next Day Delivery is charged at £4.50.

Oh dear..................


A few thousand of those and it amounts to quite a sizeable sum.

unholyangel

Nessun_Dorma wrote: »

http://www.thechimpstore.com/returns.php

I Returned My Items But You Haven’t Refunded My Shipping Costs!

Any postage costs incurred for outbound delivery are non-refundable on the return of goods. Also returned items that have been subject to free shipping and are being returned for a monetary refund not exchanged goods will have our original delivery cost deducted from the amount refunded. Standard delivery is charged at £2.95 and Next Day Delivery is charged at £4.50.

Oh dear..................


A few thousand of those and it amounts to quite a sizeable sum.

Indeed, that is one of the blatant ones I was talking about. There are quite a few others though!