Late return Fees

Chubbychunks

Can anyone help me please?
I sent for goods from fashion world online and as it was coming close to the 14 day returns deadline I emailed them to let them know I would be sending goods back as I knew this would give me an extra 14 days.
They've now added £3.00 for every item returned, saying it's classed as a late return. Are they allowed to do this? Any help would be greatly appreciated. Thank you.

SouthUKMan

My understanding is that you have 14 consecutive calendar days to return unwanted items bought online. After that, if the retailer allows you to return items then it does so as a 'goodwill gesture' and as such can charge whatever fee it likes - so long as it's made clear in terms and conditions.

I've just had a look at the company's website (look on their Your Rights page linked via the Returns page): "We may accept a returned item received outside the 14-day return period but we reserve the right to charge a £3 late-return fee to cover the cost of processing it.".

It's not what you'll want to read - but it's there in black and white. Sorry! Moral of the story - read the small print before committing yourself.

wealdroam

Chubbychunks wrote: »

Can anyone help me please?
I sent for goods from fashion world online and as it was coming close to the 14 day returns deadline I emailed them to let them know I would be sending goods back as I knew this would give me an extra 14 days.
They've now added £3.00 for every item returned, saying it's classed as a late return. Are they allowed to do this? Any help would be greatly appreciated. Thank you.

My understanding of the legislation is that you have 14 days, starting from the day after delivery, to cancel an online order.
You then have a further 14 days to get the goods back to the seller.
For completeness, the seller has a further 14 days to provide the refund.

As mentioned above, the seller is entitled to have a different returns policy for returns outside that period.

This all depends on the seller providing the correct information on a durable means at the time of the sale, but I imagine this seller, being part of J D Williams & Company Limited, would've done that.

Regulation 35 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 stated the second 14 day period.

A seller cannot remove your statutory rights by stating something different in their T&Cs.

DoaM

In other words, the OP is right and the company are trying to impose their own terms in breach of the CC (ICAC) Regs?

wealdroam

DoaM wrote: »

In other words, the OP is right and the company are trying to impose their own terms in breach of the CC (ICAC) Regs?

Yes, I believe so.