cost of returning goods when cancelling order

ana18

I have recently made an online purchase that I decided to cancel as soon as it arrived and and I had a look at the items which I found unsuitable. I have contacted the sellers the same day to let them know that I would like to cancel the entire order. Before ordering form them and when reading their terms and conditions there was no mention that I will be responsible for the cost of returning them. My question is what is the difference between cancelling and returning for refund. The company wants to charge me £20 (which i probably a fair charge considering the size of the box) for collecting this box but I disagree and thing that they should provide free return as explained in the extract bellow. When I sent them the bellow (explaining Consumer Contract Regulations) there was no reply.
I have now sent 3 emails (to which I had no reply) and made 2 calls. In our last conversation they said that they will arrange for the box to be collected, which was a week ago and I haven't heard since. Can somebody help me understand who is righ here and what I should do to get this order returned.

What should you get back?

The original cost of the outbound postage to you should always be refunded by the seller.

The seller's terms and conditions or returns policy should state who pays the cost of returning the item.

If they don't state this, then the seller has to cover the cost.

In this case, you're entitled to a refund of the total amount you paid, including costs to ship the item to you, and the fee to return the item. No admin or restocking fees should be charged.

bod1467

What applies is The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

wealdroam

Ana18, where are you quoting that text from?
Who did you buy from?

unholyangel

I think OP got it from here:
http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

ana18

Hi,

Thanks, I am quoting from

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

It isUK based company that I ordered from. As far as I can see if the terms and conditions don't say that the consumer is responsible for the cost of returns, they are not.

The only question I have what to do when your emails are being ignored and promise to arrange for the delivery company to collet the parcel broken. I will have to send at my own expense (and will never get that money back) ?? Thanks

wealdroam

ana18 wrote: »

As far as I can see if the terms and conditions don't say that the consumer is responsible for the cost of returns, they are not.

That is not strictly true.
They do have to supply that information to the consumer in a durable form. Their T&Cs on a website are not durable.
For example, they could supply the information in the package with the goods or in an email, both of which are durable.

So if they have informed you in any durable manner, then you will be responsible for the cost of the return.

George_Michael

wealdroam wrote: »

That is not strictly true.
They do have to supply that information to the consumer in a durable form. Their T&Cs on a website are not durable.
For example, they could supply the information in the package with the goods or in an email, both of which are durable.

I thought that information regarding the returns procedure and who was responsible for the cost of this had to be provided before the contract was formed.
By sending this information in the package, the trader is attempting to add terms to a contract after that contract has been finalised.

timbo58

George_Michael wrote: »

I thought that information regarding the returns procedure and who was responsible for the cost of this had to be provided before the contract was formed.
By sending this information in the package, the trader is attempting to add terms to a contract after that contract has been finalised.

Interesting as I've certainly seen it on some websites terms & conditions and stating you may request a copy of the terms in a durable format, which we will be happy to provide.

Maybe that covers it?

sjbrun

Its all well and good having these get out clauses with return costs, but you will probably need a court to sort it as the retailer just won't do it for free if you've just changed your mind.

ana18

I think that's a good point sjbrun. That is exactly what I'm having difficulties with. I think that they are responsible to pay for it as they didn't say otherwise before I ordered (not in the email or inside the package even which would be too late however) but they just dont' want to pay it and there is nothing I can do about it.

bris

What's the company, most people miss it. They can also deduct from the refund a cost if you have diminished it's value in any way. The CCR are not in any way as good as the old DSR.


The fact is if you buy online you need to be aware you will be liable for any return costs, common sense more than legalities, legalities need courts to enforce them, are you going to court for £20.