Should Boohoo.com return delivery fee under Distant Selling Regulations

dalef

Bought some items from Boohoo.com, they didn't fit so returned them, boohoo refunded the goods, but not the £3.99 delivery charge.
The goods were returned within 14 days and Boohoo were informed (via their returns portal) that they were being returned. Boohoo claim I needed to separately email and cancel the contract to get the delivery refunded also.

Based on DSR am i right to persist?

Yes, its only £4 but its the principle that these companies try to bend the rules

hollydays

Are they saying you can do it retrospectively?

dalef

hollydays wrote: »

Are they saying you can do it retrospectively?

Do you mean retrospectively email them to cancel the contract? No they are refusing to refund the delivery and it's now past 14 days

the_lunatic_is_in_my_head

Send them this:

http://www.legislation.gov.uk/uksi/2013/3134/regulation/32/made

Exercise of the right to withdraw or cancel
32.—(1) To withdraw an offer to enter into a distance or off-premises contract, the consumer must inform the trader of the decision to withdraw it.

(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.

(3) To inform the trader under paragraph (2) the consumer may either—

(a)use a form following the model cancellation form in part B of Schedule 3, or
(b)make any other clear statement setting out the decision to cancel the contract.
(4) If the trader gives the consumer the option of filling in and submitting such a form or other statement on the trader’s website—

(a)the consumer need not use it, but
(b)if the consumer does, the trader must communicate to the consumer an acknowledgement of receipt of the cancellation on a durable medium without delay.
(5) Where the consumer informs the trader under paragraph (2) by sending a communication, the consumer is to be treated as having cancelled the contract in the cancellation period if the communication is sent before the end of the period.

(6) In case of dispute it is for the consumer to show that the contract was cancelled in the cancellation period in accordance with this regulation.

And ask if they'd like to refund your £3.99 or alternatively provide you with the address to which you should serve small claims papers (which is ridiculous for £4 but shows you are serious about not being sent away empty handed).

DoaM

Who paid for the return of the goods? What did the T&Cs say about who was responsible for payment of (change of mind) returns?

dalef

That's perfect, sets it out clearly that I am correct. Thank you! :beer:

neilmcl

dalef wrote: »

That's perfect, sets it out clearly that I am correct. Thank you! :beer:

Being correct and getting the seller to comply are two different things

dalef

neilmcl wrote: »

Being correct and getting the seller to comply are two different things

Lets wait and see what they say


Another question, by the seller receiving the said goods back within the DSR 14 days window, does this also constitute as a "clear statement to cancel the contract"?

the_lunatic_is_in_my_head

I should just add for clarification that they are only obligated to refund the lowest delivery option.

For example if they offer standard shipping for £1.99 and you paid £3.99 for express then they only need to refund minus the difference between the basic rate and the enhanced rate.

dalef

the_lunatic_is_in_my_head wrote: »

I should just add for clarification that they are only obligated to refund the lowest delivery option.

For example if they offer standard shipping for £1.99 and you paid £3.99 for express then they only need to refund minus the difference between the basic rate and the enhanced rate.

Yep, that was for standard, thanks again.

If the seller gets the goods back within the DSR return window, is this also counted as a clear statement to cancel the contract?

the_lunatic_is_in_my_head

dalef wrote: »

Yep, that was for standard, thanks again.

If the seller gets the goods back within the DSR return window, is this also counted as a clear statement to cancel the contract?

I thought it was based on their response but worth a note as I should have said it in the first post.

It could be argued that way but if you've gone through their returns process presumably you had to say why the item(s) were being returned? If so this would be a clearer statement.

It should be fairly straightforward as you are either returning because something is faulty or you are returning because you are cancelling.

They do appear to offer free returns via certain methods but I can't see any mention of them advising this is offset against keeping the original postage (and I'm not sure if they would be allowed to do this either way).