Unusual take on returns/refund.. can I claim?

JeffUK_2

So, we bought something online, and returned it using the provided free returns process.

They refunded the cost of the goods, but NOT the original delivery cost. and have referred me to their T&Cs.

Now normally, the consumer contracts reg's says they should refund the delivery charge, so case closed...

BUT... their T&Cs say the following .. now I'll admit to not reading them fully before ordering, but basically they're saying you can choose between a free return OR a refund of the original delivery charge. Can I still demand the original cost of delivery back?

We provide a free returns service so you can return items without paying return postage.[...] The standard delivery charge you paid (if any) will not be refunded but you will not pay return postage. [..] you also have the right to return items under The Consumer Contracts (Information, Cancellation and Additional Charges) regulations 2013 by notifying us that you wish to cancel within 30 days following delivery. If you opt to cancel under the Regulations you must arrange and pay for the return of items and take care to ensure returned items are received undamaged. Once we receive items, we will refund the cost of those items using the method you used to pay. If you cancel an entire order transaction and the order was delivered by standard delivery we will refund the £3.99 P&P charge you paid (if any) but you will have paid return postage

The main thing that makes me think I should force the issue, is that their website says "Free Returns" .. surely if I'm forfeiting £3.99 for the privilege of getting a free return it ain't free?

wealdroam

JeffUK wrote: »

So, we bought something online, and returned it using the provided free returns process.

They refunded the cost of the goods, but NOT the original delivery cost. and have referred me to their T&Cs.

Now normally, the consumer contracts reg's says they should refund the delivery charge, so case closed...

BUT... their T&Cs say the following .. now I'll admit to not reading them fully before ordering, but basically they're saying you can choose between a free return OR a refund of the original delivery charge. Can I still demand the original cost of delivery back?

We provide a free returns service so you can return items without paying return postage.[...] The standard delivery charge you paid (if any) will not be refunded but you will not pay return postage. [..] you also have the right to return items under The Consumer Contracts (Information, Cancellation and Additional Charges) regulations 2013 by notifying us that you wish to cancel within 30 days following delivery. If you opt to cancel under the Regulations you must arrange and pay for the return of items and take care to ensure returned items are received undamaged. Once we receive items, we will refund the cost of those items using the method you used to pay. If you cancel an entire order transaction and the order was delivered by standard delivery we will refund the £3.99 P&P charge you paid (if any) but you will have paid return postage

The main thing that makes me think I should force the issue, is that their website says "Free Returns" .. surely if I'm forfeiting £3.99 for the privilege of getting a free return it ain't free?

You seem to have posted only parts or the term - what is replaced by the [...] in two places?

Anyway from what you have posted it appears that the part where they are talking about paying for the return postage is in addition to your statutory rights - i.e. their own returns policy.

It then goes on to say that if you want to return under CCRs they will refund the outward postage cost but you must pay the return cost yourself.

Who is the seller? Vertbaudet by any chance?
It looks like they are pretty good, they also allow thirty days for a CCR cancellation.

JeffUK_2

You seem to have posted only parts or the term - what is replaced by the [...] in two places?

I haven't posted the full T&Cs for obvious reasons.. the bits are things about timescales etc that aren't relevant.

Anyway from what you have posted it appears that the part where they are talking about paying for the return postage is in addition to your statutory rights - i.e. their own returns policy.

But they're refusing to pay the delivery cost, which is a statutory right; surely you can't say "You're not getting money you're owed if you do x" and say it's an addition to my rights? I didn't think you could trade away statutory rights?

wealdroam

Please confirm the seller.

Timescales are relevant. A 'thirty day to return' option is an addition to your statutory rights, as is paying for the return postage.

ERICS_MUM

Were you returning the goods because they were faulty ?

JeffUK_2

1. Yes it's Vertbaudet

2. the goods were returned within 7 days of receipt

3. no, they were returned under the consumer contracts regulations

bris

You chose their returns policy over the CCR's, you cant have both.


There returns policy is over and above you're statutory rights. If you wanted to, you could as they said chose to return under the CCR's but you didn't. You have no claim.

alumende27

Right! Reading the full terms and conditions on their website makes it explicitly clear.

Under their T+Cs you're welcome to return goods within 30 days, and they'll pay for the return. but you can also return under the CCRs and they'll refund the initial shipping cost but won't pay the return fees.

JeffUK_2

]There returns policy is over and above you're statutory rights. If you wanted to, you could as they said chose to return under the CCR's but you didn't. You have no claim.

How is it over and above when it removes the right to claim delivery costs?

unholyangel

OP, did they provide the information (about being liable for return postage costs when exercising your right to cancel under CCRs and also if the goods cannot normally be returned by post, the cost of the return) to you in a durable medium? Websites are not durable but emails are (although links to websites contained within an email are not).

Bogalot

JeffUK wrote: »

How is it over and above when it removes the right to claim delivery costs?

They have refunded your delivery cost, but they have charged you for the cost of return.