Question regarding returns

babyemily

I bought some shoes. Cost £125. Received them and they are faulty so need to be returned. Company offers free returns. Fantastic but I'm not sure so best check before I send them off.
There's a link on the website to print an RM returns label free of charge but it then says this;

Please note: The returned goods are your responsibility until they reach us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods in event of loss or damage, use of our free returns service does not pass responsibility for loss or damage in transit to us. The free returns service can take up to 5 working days to arrive at our Warehouse, unless sent via special delivery.

I'm assuming the label does not cover the value of the shoes and I need to buy extra postage?? Can I do that?
Also if they are supplying the label then how can I claim if the shoes get lost or go missing? Isint the contract with the buyer of postage?

Quick look around shoe forums reveal many shoes going missing and no money being returned. I cannot write off £125

The retailer is irregular choice. They are based in the uk.

Thank you for your help.

unholyangel

Eh not sure that term would be enforceable - the statute dictates when risk passes etc and your liability ends when you hand it back to them/their agent.

If they've paid for postage, that makes royal mail their agent (not yours) and therefore your liability would end when you hand over the parcel to royal mail.

Theres also additional things that may be relevant - like them having to provide certain info before you entered the contract or you're not bound to return the goods - just make them available for collection, but since you didn't ask about any of that....yes you should be able to buy insurance for it and send it back that way.

With royal mail, I believe either the sender OR recipient can file a claim (although strictly speaking from a consumer point, it should be the retailer making the claim as their agent/their risk as above).

wealdroam

OP, if you adopt the stance that the seller is responsible for the package as soon as you hand over the package at the Post Office, it might be wise to ask the PO for a Certificate of Posting. The CoP is free.

babyemily

Thank you. Apparently they are quite stringent on this term and refuse to refund if the items go missing.
This is my worry. I will obviously pay to get the shoes insured but it just feels deceptive. I always thought that if the business supplied the postage then they were liable.

babyemily

wealdroam wrote: »

OP, if you adopt the stance that the seller is responsible for the package as soon as you hand over the package at the Post Office, it might be wise to ask the PO for a Certificate of Posting. The CoP is free.

Thank you. I will pay to insure this package but just worried. If they supply the label and I'm effectively topping it up. Who gets the money if the shoes go missing?
It's very confusing.

theonlywayisup

babyemily wrote: »

Thank you. I will pay to insure this package but just worried. If they supply the label and I'm effectively topping it up. Who gets the money if the shoes go missing?
It's very confusing.

Your certificate of posting is sufficient to show that you have returned the items.

unholyangel

babyemily wrote: »

Thank you. Apparently they are quite stringent on this term and refuse to refund if the items go missing.
This is my worry. I will obviously pay to get the shoes insured but it just feels deceptive. I always thought that if the business supplied the postage then they were liable.

You thought correctly.

Any term allowing them to disclaim liability/risk either on their own part or any agent they contract with to provide services to you would likely be unfair, unenforceable and possibly might amount to a criminal offence under the CPRs.


But given we're probably talking about just a couple of quid, personally I'd likely pay the insurance and then never order from them again - at most maybe write a review warning people they don't comply with their legal obligations.