Extended Delivery Period - P & P still refunded?

scottiliffe

Hello there everyone,

I recently purchased a leisure battery for a camper van build. However, a couple of weeks after the batteries had been delivered I realised that they were actually the wrong ones for what I needed.

I quickly realised I was outside of the 14 day cancellation period to cancel the contract but decided to take a look at the company's return policy. They actually offered 30 days to return items (policy quoted below).

As they have extended the usual 14 day period to cancel the contract - would I still be entitled to a refund on the delivery charge? Or do they reserve the right not to refund as they have extended the usual period to cancel the contract?

Either way it seems that this company's policy is out of date and features elements that aren't in line with recent legislation.

Company's Cancellation Policy
Cancelling an Order
Under UK law, you have the right to cancel the contract for your purchase within 30 days of delivery. To cancel a contract, write "Cancel Contract" on the back of the invoice. Package the items securely and send them to us with the invoice within 30 working days of the date that the items were delivered. We would request that you contact us to tell us that you are returning goods before you send them. We may, at our discretion accept goods back outside of these 30 days subject to a 25% restocking fee. You must contact us for this option to be considered.
We recommend that you use a recorded-delivery service. Note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error. 24 hours' advance warning is required for returns.
You should be aware that once we begin the delivery process, you will not be able to cancel any contract you have with us for services carried out by us (for example, postage and packing). When we receive the goods with the notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item.

Any help anyone can offer is much appreciated.


Kind regards,


Scott

mattyprice4004

Do you think it's fair that they're out of pocket, because (presumably) you chose a product that was unsuitable for the intended purpose?

If they have misled you, then it could be argued that they're not fit for purpose - but if YOU made the choice to purchase those items, you should be stumping up the return postage and shouldn't expect them to refund the original postage either.

Regardless of legal position, I believe morals come into it in some way - and the above would be a balanced and fair way of looking at it.

scottiliffe

Hi Matty,



Thanks for taking the time to reply.



I have paid for the item to be returned by courier and fully expect to pay for that service.



However, my question was specifically about whether the original P & P costs should be refunded under Consumer Contract regulations, this is something I've seen documented by Martin and MSE.

Google the MSE article - 'Revealed: 13 major stores web returns rights are wrong' for more details. (unable to post links as new user)



There are plenty of morally dubious practices carried out on a daily basis by retailers, therefore I think it is important that as consumers we cling on to at least the bare minimum that legislation offers us.



Kindly,

Scott

bris

Terchnically no, after 14 days you lose the right to cancel and any benefits such as getting your original delivery charge back.


It's actually 14 days to cancel then when cancelled 14 days to get the goods back to them.
They seem to be under the impression that you have 30 days to cancel so again technically they are wrong so without the proper notification of your rights you are entitled to your postage back.

DoaM

Remember though that their website is merely a guideline ... contractual T&Cs need to be delivered to you before you're bound by them. Either physically on paper (e.g. delivered with the goods) or written in an email*

* A link in an email to their website T&Cs doesn't count - they need to be actually in the email itself.