Refused outbound postage refund

gfairley

Hi all,

I've placed a couple of orders online recently and realised that according to the consumer contracts regulations legislation I'm entitled to my outbound postage back if the whole order is returned.

One order was with Topman and they are refusing to give my £4.00 for postage back. I know I am not entitled to the full amount if there is a cheaper postage option available.

I emailed explaining that I had sent the order back and would like my postage refunded in accordance with the CCR and they said "Unfortunately, here at Topman we do not refund the cost of postage and packaging for returned items, unless these items were faulty or damaged in any way upon receipt. This is stated in our terms and conditions on our website."

I replied with "According to the Consumer contracts regulations here (link to website) I am entitled to them back if my contract with yourselves was cancelled. Which by returning the items within the returns period I have done.

As page 12 of that link states:


"You should refund all monies received, including the outbound delivery cost, within 14 days of cancellation of the services contract or within 14 days of receiving goods back. If the consumer provides proof of return before you receive the goods back, you should refund within 14 days of receiving that proof. If the consumer chose to have the goods delivered by more expensive means than the cheapest standard delivery option offered, you do not have to refund the full outbound delivery cost, but only the cost of the standard delivery option which the consumer could have chosen.""

Once again their reply was "I regret I can only reiterate what was previously advised, that unless an item is faulty, the original delivery cost shall not be returned."

What rights do I have here ? Surely the CCR overides a companies terms and conditions?

Thanks!
Grace

wealdroam

gfairley wrote: »

Hi all,

I've placed a couple of orders online recently and realised that according to the consumer contracts regulations legislation I'm entitled to my outbound postage back if the whole order is returned.

One order was with Topman and they are refusing to give my £4.00 for postage back. I know I am not entitled to the full amount if there is a cheaper postage option available.

I emailed explaining that I had sent the order back and would like my postage refunded in accordance with the CCR and they said "Unfortunately, here at Topman we do not refund the cost of postage and packaging for returned items, unless these items were faulty or damaged in any way upon receipt. This is stated in our terms and conditions on our website."

I replied with "According to the Consumer contracts regulations here (link to website) I am entitled to them back if my contract with yourselves was cancelled. Which by returning the items within the returns period I have done.

As page 12 of that link states:


"You should refund all monies received, including the outbound delivery cost, within 14 days of cancellation of the services contract or within 14 days of receiving goods back. If the consumer provides proof of return before you receive the goods back, you should refund within 14 days of receiving that proof. If the consumer chose to have the goods delivered by more expensive means than the cheapest standard delivery option offered, you do not have to refund the full outbound delivery cost, but only the cost of the standard delivery option which the consumer could have chosen.""

Once again their reply was "I regret I can only reiterate what was previously advised, that unless an item is faulty, the original delivery cost shall not be returned."

What rights do I have here ? Surely the CCR overides a companies terms and conditions?

Thanks!
Grace

You are right.

Their T&Cs cannot override your statutory rights.

Regulation 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 states quite clearly:

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 trade

Perhaps you should refer this issue to Trading Standards, via CAB's Consumer Helpline.

Shrimply

I going to guess that you used their free returns service, which they will have a right to charge you for ( probably about £4) if you are cancelling your contract with them.

It doesn't sound like you followed their procedure for cancelling the contract.

http://help.topman.com/system/templates/selfservice/topman/#!portal/403700000001052/article/Prod-10546/Right-to-Cancel-EU-Customers

Frankly given that they offer free delivery over £50 and free returns I'm not sure why you'd every choose pay the £4 postage.

gfairley

I have emailed them again with that link, thank you wealdroam.

I did follow the procedure by writing an email to cancel my contract with them within 14 days as it says I can do Shrimply.

Fingers crossed!! Lets see what they have to say this time. Thanks everyone

Shrimply

gfairley wrote: »

I did follow the procedure by writing an email to cancel my contract with them within 14 days as it says I can do Shrimply.

And you paid the return postage?

I'm no lawyer but if you used the included free returns label then I'd say that was you completing your contract with them. I can't see how after this you then have any right to cancel the completed contract.

unholyangel

Shrimply wrote: »

And you paid the return postage?

I'm no lawyer but if you used the included free returns label then I'd say that was you completing your contract with them. I can't see how after this you then have any right to cancel the completed contract.

1) Its not a free returns service if they're charging for it and if they do describe it as free but charge for using it, it would likely breach the CPRs

2) OP is only liable for the return postage costs if they were informed of their rights under paragraph (l) of schedule 2 of the consumer contract regulations in a durable medium. Websites aren't a durable medium.


That being said, its £4. I'd probably just vote with my feet rather than spending any length of time arguing it.

Shrimply

unholyangel wrote: »

1) Its not a free returns service if they're charging for it and if they do describe it as free but charge for using it, it would likely breach the CPRs

2) OP is only liable for the return postage costs if they were informed of their rights under paragraph (l) of schedule 2 of the consumer contract regulations in a durable medium. Websites aren't a durable medium.

You sound much more knowledgeable than me, so I'm not arguing really more intrigued. But from the way I'm reading the original post, Topman had received the goods back before the OP stated they wanted to cancel the contract.

To me, at the point the goods were received back, using their free returns policy, that was the contract complete. I don't understand how you can then retrospectively cancel it.

unholyangel

Shrimply wrote: »

You sound much more knowledgeable than me, so I'm not arguing really more intrigued. But from the way I'm reading the original post, Topman had received the goods back before the OP stated they wanted to cancel the contract.

To me, at the point the goods were received back, using their free returns policy, that was the contract complete. I don't understand how you can then retrospectively cancel it.

I don't think the OP has said that they cancelled after returning the goods but I can't see anything in CCRs which doesn't allow for that situation - the only requirement is that you inform them (however expressed) that you're cancelling and that you need to send the goods back within 14 days of sending the cancellation.

The CCRs actually allow for a model cancellation form to be returned with the goods - which goes some way to proving you don't need to cancel before you dispatch the goods to them else the model cancellation forms would be moot.