MSE News: Revealed: 13 major stores' web return rights are WRONG

MSE_Luke

Many of the UK's biggest retailers are giving online shoppers wrong information about their return rights...

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'Revealed: 13 major stores' web return rights are WRONG'

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theonlywayisup

It's one thing these stores having the correct policy it's quite another getting the staff to apply it (or even to understand it).

I ordered something from TKMaxx online which included a charge for standard postage. I opted to return the item in-store as a 'change of mind return'. The staff did not want to refund the original payment in full (which included the postage charge) despite this being clearly explained on the reverse of the delivery note. It took 3 members of staff, 1 being a store manager to finally get my correct refund.

milliemonster

I had exactly the same thing with dorothy Perkins, ordered and paid for something online and paid extra for delivery to store, when I returned the item via the store, they wouldn't refund the delivery charges, even though it was an online purchase and distance selling regs should have applied, I complianed via their website and got nowhere

Fosterdog

The problem you have with the two scenarios above are that you have no automatic right to be able to return an item to a store for a refund. Your rights under CCR are to return the items to the online shop (sometimes at your own cost and sometimes with free labels). A lot of companies do allow unwanted online returns to a shop but they don't have to allow it, the return to shop part is usually just the companies own change of mind returns policy which can have conditions attached (such as no refund of postage costs) rather than the law under CCR.

You are also not entitled to the postage refund if you keep any of the items, only for returning an entire order, neither are you entitled to the full delivery amount if you opted to pay for a premium service over a basic one, you only have a right to a basic delivery charge refund.

wealdroam

Fosterdog wrote: »

A lot of companies do allow unwanted online returns to a shop but they don't have to allow it, the return to shop part is usually just the companies own change of mind returns policy which can have conditions attached (such as no refund of postage costs) rather than the law under CCR.

Are you sure about that?

My understanding is that when buying online one has the statutory rights afforded by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the trader cannot remove or replace those rights with their 'own change of mind returns policy'.

Those rights are assigned to the purchase, not to the return.

Fosterdog

wealdroam wrote: »

Are you sure about that?

My understanding is that when buying online one has the statutory rights afforded by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the trader cannot remove or replace those rights with their 'own change of mind returns policy'.

Those rights are assigned to the purchase, not to the return.

There is no law stating that any company has to allow returns to a physical shop, any company can refuse to allow shop returns for online purchases and insist that CCRs are followed and the consumer sends the items back where the full CCR refund terms have to be adhered to.

Most companies specify that returns to a physical shop are returns under a change of mind policy rather than under CCR, the same retailers tend to have two sections on returns listed under their T&Cs, one for CCR returns and one for change of mind/stores own returns policy.

shaun_from_Africa

milliemonster wrote: »

I had exactly the same thing with dorothy Perkins, ordered and paid for something online and paid extra for delivery to store, when I returned the item via the store, they wouldn't refund the delivery charges, even though it was an online purchase and distance selling regs should have applied, I complianed via their website and got nowhere

How long ago did this happen?
If it was after the middle of June 2014 then the staff at DP may have been acting within the law.

Although the Consumer contract regulations (The legislation that took the place of the distance selling regulations) state that a refund of the original postage must be given when cancelling under these regulations, this doesn't always apply if the consumer chooses a different, more expensive delivery option.
If DP state that delivery to a store costs more than their normal home delivery, then they don't have to refund the cost.

(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.

wealdroam wrote: »

Are you sure about that?

My understanding is that when buying online one has the statutory rights afforded by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the trader cannot remove or replace those rights with their 'own change of mind returns policy'.

Those rights are assigned to the purchase, not to the return.

But Fosterdog didn't state that the shops who allow stores returns for online purchases were removing or replacing your legal rights, simply offering a alternative should you not wish to return those goods by post as required by the CCR's.

wealdroam

Fosterdog wrote: »

There is no law stating that any company has to allow returns to a physical shop, any company can refuse to allow shop returns for online purchases and insist that CCRs are followed and the consumer sends the items back where the full CCR refund terms have to be adhered to.

Most companies specify that returns to a physical shop are returns under a change of mind policy rather than under CCR, the same retailers tend to have two sections on returns listed under their T&Cs, one for CCR returns and one for change of mind/stores own returns policy.

So in summary you are saying that the shop can deny the consumer their statutory rights in some circumstances?

shaun_from_Africa

wealdroam wrote: »

So in summary you are saying that the shop can deny the consumer their statutory rights in some circumstances?

They are not denying anything, simply offering an alternative.
The statutory rights are still in place should the consumer wish to return goods by post.

Fosterdog

wealdroam wrote: »

So in summary you are saying that the shop can deny the consumer their statutory rights in some circumstances?

What part of anything I said pointed to rights being denied? Shaun from Africa understood it, some companies choose to offer an alternative which falls outside CCR it doesn't mean they are denying anything to anyone who wants to send orders back under CCR.

unholyangel

Fosterdog wrote: »

What part of anything I said pointed to rights being denied? Shaun from Africa understood it, some companies choose to offer an alternative which falls outside CCR it doesn't mean they are denying anything to anyone who wants to send orders back under CCR.

Well the problem with that is the CCRs say:

(2) If it is not the trader’s responsibility under paragraph (1) to collect the goods, the consumer must—

(a)send them back, or

(b)hand them over to the trader or to a person authorised by the trader to receive them.

You're right they don't have to allow returns to store - but if they authorise returns via store then its covered by the CCRs.