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

wealdroam

unholyangel wrote: »

Well the problem with that is the CCRs say:


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.

So by implication, if the trader allows instore returns from online sales, then a refund of the outbound postage charge is due - subject of course to the caveat about only the 'basic' postage charge being refundable.

pulliptears

I encountered another issue with DP instore returns.

I ordered a jacket from their 'tall' collection online (arms like a chimp me). It came and was a bit too big so I tried to return it to store, as it stated I could both on the returns note and the website. My local store refused to let me do that as they claimed 'tall' was a concession and not stocked in all stores.
So if you're buying something from DP with the intention of returning to store please be wary of that.

blink18

MSE_Luke wrote: »

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

Read the full story:
'Revealed: 13 major stores' web return rights are WRONG'

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can you point me to the place where there's a requirement to return the goods within 14 days after the cancellation request, as its my understanding that return of the goods isn't a requirement of the seller processing a refund, therefore the majority of the article itself its completely incorrect and is misleading consumers in regards to their refund rights

shaun_from_Africa

blink18 wrote: »

can you point me to the place where there's a requirement to return the goods within 14 days after the cancellation request, as its my understanding that return of the goods isn't a requirement of the seller processing a refund, therefore the majority of the article itself its completely incorrect and is misleading consumers in regards to their refund rights

http://www.legislation.gov.uk/uksi/2013/3134/regulation/35/made

(4) The consumer must send off the goods under paragraph (2)(a), or hand them over under paragraph (2)(b), without undue delay and in any event not later than 14 days after the day on which the consumer informs the trader as required by regulation 32(2).

What you stated was the case under the Distance selling regulations but this was changed with the introduction of the Consumer contract regulations.

jojobookreader

I have recently had a big battle with ASOS.com.
If you return an item and ask for a refund they will NOT refund postage. BUT, hidden away in their FAQ's there is a bit about "Cancelling the contract". In which case they WILL refund everything.
In the FAQ's it tells you you can only cancel an "order" within 60 minutes - it does not tell you that to get your money back there is a different sort of cancellation!! ie cancelling the contract.
I eventually spoke to a "manager" who explained the subtleties between "return for refund" and "cancelling the contract"

All a bit obscure but perhaps this is how other retailers get away with it!!

einsteinagogo

I'm still struggling with an Online Retailer to get a refund, and return the item. There is ALSO nothing listed on their Terms and Conditions on their website at ALL, apart from their own 30 day return the item, and you'll get you money back if the item is in the same condition as it was supplied and UNUSED.

Despite Ordering Online in September, and emailing the Online Retailer Quoting Consumer Contract Regulations, 2 days later, with a copy of a PDF letter which has also been sent to them recorded delivery.

They just give me the brush off, the issue lies with the Manufacturer, which I KNOW IS BS.

Call their hotline, for a refund and return the item if it's faulty, I keep trying to state to them, this is about Consumer Contract Regulations, and 14 day cooling off Period, and they just fob me off, with we will collect the item, and inspect it, and if faulty we will refund you.

The issue after discussion with the manufacturer, the item is the WRONG item for the job, and it will not do the job it was intended for....the manufacturer has also stated it's nothing to do with us, it's the place of purchase, we don't refund, or repair, collect.....

the manufacturer told me, it's a cheap model, low end, you need the model.... the item was £175.89, and I have gone to my Credit Card company, which have also been useless, they opened a dispute with Online Retailer, and then it went in my favour, and then the Online Vendor sent them their T&Cs, and now I've been charged again and case closed.....

I've opened a Ticket with Consumer Advice/Citizens Advice....I'm just working out what to do next.....

other than Call Which?

wealdroam

einsteinagogo wrote: »

...I'm just working out what to do next....

Tell us the retailer.

nickcc

Not sure if this is the correct place for this post but I tried to return an item to B&Q without a paper receipt but was refused. As a Diamond club member I checked the B&Q website which clearly stated that no paper receipt was required for returns or exchanges as the on line receipt was all that was required. On contacting B&Q customer services I was informed that a paper receipt was still required but if I jumped through endless hoops they could bend the rules. Has any other forum member experienced the same obstructive problems or is it just me.

einsteinagogo

@wealdroam

Toolstation

and it made me laugh their new catalogue boosts a new Which Retailer of the Year - 2016.

There is nothing documented on their website T&Cs that states anything about Consumer Contract Regulation 2014, and my understanding is therefore, they would be responsible to incur the costs of collecting the item from you.

Cannot post link to Terms, but you'll find it...

There is UNWANTED GOODS 30-DAY REFUND but this is their policy, NOT CONSUMER LAW!

and goods needs to be unused and in perfect condition..... which is a little difficult purchasing online at a distance from a website, when the item is not fit for purpose as agreed by the manufacturer. which keeps telling me, keep banging on at them, they must take it back and refund you

wealdroam

einsteinagogo wrote: »

@wealdroam

Toolstation

and it made me laugh their new catalogue boosts a new Which Retailer of the Year - 2016.

There is nothing documented on their website T&Cs that states anything about Consumer Contract Regulation 2014, and my understanding is therefore, they would be responsible to incur the costs of collecting the item from you.

Cannot post link to Terms, but you'll find it...

There is UNWANTED GOODS 30-DAY REFUND but this is their policy, NOT CONSUMER LAW!

and goods needs to be unused and in perfect condition..... which is a little difficult purchasing online at a distance from a website, when the item is not fit for purpose as agreed by the manufacturer. which keeps telling me, keep banging on at them, they must take it back and refund you

I assume you are referring to this part of their T&Cs:

9. UNWANTED GOODS 30-DAY REFUND
Once we have despatched your goods (or if you have collected them), you can return them for a full refund (including standard delivery charges) within 30 days of delivery (or collection) without giving a reason, as long as they are with their original packaging and unused. You will be responsible for returning the goods to us (and have to pay any costs involved) and we are allowed to reduce your refund if there is any damage to the goods caused by you handling them. We will make all refunds to the credit card, debit card or PayPal account used to place your order and we will pay you within 14 days of us receiving the goods or proof that you have sent them back to us.

As you see that refers to unwanted goods, and appears to me to comply with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
In particular, there is a sentence in there that does state who pays for the return:

You will be responsible for returning the goods to us (and have to pay any costs involved) ...

Isn't your issue one of the goods not conforming to contract which is not covered by that Act, but by The Consumer Rights Act 2015?
In this case you have the right to reject the goods for a full refund during the thirty days following the sale.

In my opinion, they have said all they need to say in their T&Cs.
It is generally not the seller's job to advise you of your rights.

Have you sent the goods back to Toolstation?

Have a look at your order confirmation email. I think you'll find that the 'required information' is there. It does not need to be in their website's T&Cs, but needs to be supplied in a 'durable medium'.