Should Boohoo.com return delivery fee under Distant Selling Regulations

bris

Without seeing Boohoos returns policy I will assume you returned the goods using their (free) service and cancelled under their terms.


To get the whole cost including the original delivery charge back you need to bypass their returns procedure and cancel the contract on Consumer regulations terms. Note you pay the returns cost yourself if it's in their terms as that's legal, so you are no better off.


You need to note the difference between their returns procedures and your legal rights, they are not the same.

bris

Curiosity got the better of me Hers the T&C's. Note the highlighted text. Basically you did use their free service and chose not to cancel under the CCR's so basically you didn't use your consumer rights.
8. YOUR RIGHT TO CANCEL THE CONTRACT (EEA CUSTOMERS ONLY)

1. If you are a consumer in the European Economic Area (“EEA”), you have a legal right to cancel a Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery.
2. If you wish to cancel a Contract under clause 8.1, you just need to communicate this to us within the timescale set out in clause 8.1. The easiest way to do this is to contact us by email at customerservices@boohoo.com or by post at boohoo, PO Box 553, Burnley, BB1 9GD.You may use a copy of the cancellation form available here, but you are not required to do so.
3. The right to cancel a Contract under clause 8.1 does not apply to cosmetics and pierced jewellery or on swimwear and lingerie if the hygiene seal is not in place or has been broken.
4. If you cancel a Contract under clause 8.1 after the Products have been dispatched to you, you must return them to us. You must send off the Products within 14 days of telling us that you wish to cancel the Contract. We will pay the costs of your returns if you use our free returns service in accordance with the Returns Policy here, but if you do not use this service in accordance with our instructions then you will be responsible for the cost of returning Products to us. Please see our Returns Policy here for further information about how to return Products to us.

dalef

bris wrote: »

Without seeing Boohoos returns policy I will assume you returned the goods using their (free) service and cancelled under their terms.

To get the whole cost including the original delivery charge back you need to bypass their returns procedure and cancel the contract on Consumer regulations terms. Note you pay the returns cost yourself if it's in their terms as that's legal, so you are no better off.

You need to note the difference between their returns procedures and your legal rights, they are not the same.

Return was free via their returns portal.
They claim that if I had informed them via email to cancel the contract they would have refunded postage, but as I didn't, no refund.

However legal rights override this and as I informed them of the return via their returns portal that is a clear statement to cancel the contract.
http://www.legislation.gov.uk/uksi/2013/3134/regulation/32/made

DoaM

In which case ... they owe you £3.99 for the original delivery, and you owe them £3.99 (?) for the returns cost.

Some battles are worth fighting - this isn't one of them.

the_lunatic_is_in_my_head

DoaM wrote: »

In which case ... they owe you £3.99 for the original delivery, and you owe them £3.99 (?) for the returns cost.

Some battles are worth fighting - this isn't one of them.

I had a good read of their returns policy earlier and it states they no longer include paperwork with orders so the only way to use their "free" returns service is via the returns flow so I don't see anything suggesting the OP would be liable for the return costs.

The retailer appears to be only arguing over the manner in which the contract was cancelled based on what the OP advised.

The only conclusion I can draw is they only offer free returns if you fill in the form, email or write in the post to cancel and if you don't do this they won't pay the return?

However that still doesn't permit them to hold on the original postage charge.

I think it would also be classed as misleading the average consumer to give such easy access to free returns whilst first requiring a specific step in order to actually use it and then retain funds because the consumer didn't follow the procedure correctly.

If they want you to write or email then they shouldn't give you the return label without this having been done.

The only reason I can see to have a set up like that would be to trick people in to using a free return label that isn't actually free.

unholyangel

A few points to note.

The retailer needs to have provided that information (about cancellation and who is liable for returns costs) in a durable medium. So OP, if you received paperwork check it. If email confirmation then check that. Note websites are not durable. Emails are - but links to websites sent within an email is not.

Also, there are no similar requirements on cancellation other than it must be a clear statement that is communicated to the retailer - so they can't dictate that it must be by email. Although its for the consumer to show they complied, so it would be wise to use a method you can prove. That may not be an issue for the OP, as they don't seem to have denied receiving their submission through the online portal and it can perhaps be proven if they then produced a returns label in response to that submission.

visidigi

dalef wrote: »

Lets wait and see what they say

I'm going to predict....'Here's your £3.99, you are no longer welcome as a customer of boohoo.com'

unholyangel

visidigi wrote: »

I'm going to predict....'Here's your £3.99, you are no longer welcome as a customer of boohoo.com'

Judging by the threads we've had on them over the years, I don't think it would be of any great loss to the OP

dalef

They have refunded it, no mention of me being no longer welcome...yet.

Basically if you follow their return process return is free but you won't get the delivery refunded.
To get the delivery charges back you must also email them separately cancelling the contract - yet they don't tell you this during the return process.

Clearly they are bending the rules to pocket everyone's delivery charge.

Who do we report this to?

DoaM

dalef wrote: »

Who do we report this to?

As I said earlier:

DoaM wrote: »

Some battles are worth fighting - this isn't one of them.