Wayfair wish to charge return Item fee

the_lunatic_is_in_my_head

dave1968 wrote: »

Hi this is the exact wording of the email from Wayfair



Ordered Mon, Oct 28 Shipped Wed, Oct 30 Delivery Fri, Nov 1Your order has shipped! Hi xxxx xxxxx, Your delivery from order is on its way! Track your package below. Please allow a few hours to receive full tracking details:


Delivery Partner: XDP Delivery Method: Room Of Choice Delivery Shipping To: xxxx xxxxxx
xxxxxx
xxxxx, xxxxxx
United Kingdom

===========
No mention of estimated dates as can be seen. I then booked a day of work for this delivery. The support on facebook just admitted to me the email was not clear at all the delivery date was an estimate. So god knows whats going on.
Contact Info: xxxx xxxxx
[EMAIL="dinocaz@gmail.com"]dixxxxxxxx[/EMAIL]
+4477xxxxxx

If they failed to deliver on the 1st you'd have a claim for any loses arising from accepting delivery on a different date.

Keep complaining, they'll likely give in and waive the charge eventually.

DoaM

Cross-post - they already have.

George_Michael

the_lunatic_is_in_my_head wrote: »

Can be provided on paper with the goods as well.

No it can't.
The trader can provide some information along with the goods but there is certain information that needs to be provided before the contract is formed, and the cost of returning goods is one such piece of information.
This is so that a consumer can make an informed decision about costs involved before agreeing to make the purchase.

Information to be provided before making an off-premises contract
10.—(1) Before the consumer is bound by an off-premises contract, the trader—

(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner,

Part of Schedule 2

where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

the_lunatic_is_in_my_head

George_Michael wrote: »

No it can't.
The trader can provide some information along with the goods but there is certain information that needs to be provided before the contract is formed, and the cost of returning goods is one such piece of information.
This is so that a consumer can make an informed decision about costs involved before agreeing to make the purchase.



Part of Schedule 2

I was under the impression this:

(2) The information and any cancellation form must be given on paper or, if the consumer agrees, on another durable medium and must be legible.

was meaning the information can be given on paper with the goods?

DoaM

The problem is ... if it arrives with the goods then the consumer hasn't had the opportunity to reject the contract prior to the goods arriving, whereupon the consumer may become liable for the costs of return ... Catch 22.

The terms must be provided by a durable medium ... email is OK; a link to website T&Cs in an email is not.

George_Michael

the_lunatic_is_in_my_head wrote: »

I was under the impression this:

(2) The information and any cancellation form must be given on paper or, if the consumer agrees, on another durable medium and must be legible.

was meaning the information can be given on paper with the goods?

The information can be given on paper but if it is then it must be given to the consumer before he becomes bound by the terms of the contract.
If this wasn't the case, the retailer would be attempting to impose contractual terms on the consumer after they had already agreed to the terms stated on the website.

The notes given here:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf
explain it a bit better.

3. Provide the information listed in Schedule 2 precontract , including the model cancellation form if the consumer has a right to cancel. The information and form should be provided on paper or, if the consumer agrees, another durable medium (see G. below on forms of durable media) and in a manner which is clear for the consumer to understand.