Wrong online item sent - who pays postage

curly_B

I collected an item delivered to a shop and when I opened it at home it was the wrong item. The company do not allow shop returns and have no phone number. All contact through is dm through twitter and they are very slow at responding. The company have said the item I want is no longer available so I need to return the wrong one at my own cost. Should the company not pay for the return when it was the wrong item sent?

[Deleted User]

Yes, the company is obliged to pay the basic cost of return. Under the Consumer Rights Act 2015, the goods they've sent you do not match the description of what you ordered. They could send you a pre-paid return address label, or reimburse the cost to your debit/credit card if you provide evidence of how much it cost (photo).

Angus_Og

The OP had the opportunity to inspect the goods at the shop.

shaun_from_Africa

Angus_Og wrote: »

The OP had the opportunity to inspect the goods at the shop.

By which time, they had already paid for and taken possession of the goods and as the company concerned don't allow shop returns, inspecting them at the shop wouldn't have left the OP any other option to return the item apart from the one they currently have.

curly, how did you pay for the item? and is the seller UK or EU based?

curly_B

Thank you for the replies. I paid by paypal as extra protection. The item arrived in a sealed package at the shop and as stated the online company do not allow me to return via the pick up shop so it would have made no difference if I had opened the packaging there.
I will not buy from this company again, their contact today has been on their terms and very slow! Seller is a Uk based company

DoaM

You missed an important question - where is the seller based? If it is the UK then they are obliged to refund all monies paid (cost of item and standard delivery cost - enhanced delivery costs are not eligible for refund), PLUS the cost of return.

shaun_from_Africa

DoaM wrote: »

You missed an important question - where is the seller based? If it is the UK then they are obliged to refund all monies paid (cost of item and standard delivery cost - enhanced delivery costs are not eligible for refund), PLUS the cost of return.

That's incorrect because under UK law, a consumer cannot be left out of pocket because of a failure by the retailer.
If returning goods under a change of mind then yes, any enhanced postage or delivery costs don't have to be returned but if you are rejecting goods because of a breach of contract then there is nothing in the CRA that allows a retailer to refuse to refund any part of the delivery costs and the legislation specifically states:

(9)The consumer’s entitlement to receive a refund works as follows.
(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

theonlywayisup

curly_B wrote: »

Thank you for the replies. I paid by paypal as extra protection. The item arrived in a sealed package at the shop and as stated the online company do not allow me to return via the pick up shop so it would have made no difference if I had opened the packaging there.
I will not buy from this company again, their contact today has been on their terms and very slow! Seller is a Uk based company

Under Paypal terms you have 180 days to file a dispute. I suggest you open one, based upon Significantly Not as Described (SNAD).

You will be tasked with funding the return - if you sign up to Paypal's RETURNS ON US - you will be reimbursed upto £15 but....wait until Paypal tell you to send it back and when you do, send it back TRACKED.

annie42

I bought an item online using Pay Pal. It was not as described but the seller refused to refund both the initial postage cost and the return postage cost which, as already stated, they are obliged to do. I raised a dispute with Pay Pal and wrote a negative review on Trust Pilot. I received the refund I was entitled to straight away and an apology on Trust Pilot.