Solved - Delivery Charge Refund

explain7

Hi, 

I’ve never had to deal with this situation before so any advice would be helpful. Sorry about the long explanation. 

- Ordered 1 item from Boohoo on the 30th of March costing £16.51 including £4.99 for standard delivery. - Received the item at my address on the 6th of April. 

- Started a return on their online service returns portal and informed Boohoo via the portal on the 10th of April - that I would be returning this item and that it was no longer needed due to the item not fitting correctly. 

- Received returns label email from Boohoo on the 10th of April confirming I had started a return and the reasons regarding my return. 

- Returned item via Royal Mail on the 16th of April. 
- Boohoo recieved item on the 22nd of April. 
- Recieved partial refund of £11.52 on the 22nd of April. 
- Contacted Boohoo via customer service email on the 23rd of April to enquire why I was not refunded my delivery charge. 
- Boohoo customer service stated because I had not sent them a cancellation form, letter or email informing them I wanted to cancel my contract - they refuse to refund my delivery charge however they never stated in the terms and conditions, that the returns portal was not an acceptable way to cancel. 
- Stated to Boohoo that the item was returned prior to their 14 day time-frame and by using their portal to return - I was cancelling my contract.  I made a clear statement which under the Consumer Contracts Regulation is another way to cancel.

I’ve stated to them the Consumer Contract Regulations however they still refuse to return my money. 

As a result, I’ve spoken to Citizens Advice which said that I am in the right and I should send them a breach of contract letter which I have done today.

I just wanted to ask whether I’m in the right here or am I wrong? because I’m still unsure.

Sorry if this has already been asked before - I didn’t want to take over anyone else's thread. 

DoaM

You're right, they're wrong. The CCRs allow for cancellation howsoever given. They must refund within 14 days of being notified, and such refund must include the standard delivery charge. They are allowed to charge for the return (or require the consumer to pay for it) provided that they made this clear in their T&Cs before you became bound to the contract.

explain7

Thank you.

Returns were free. 
If the letter doesn’t work - do you know what my next steps might be?.
As I’ve already had my case forwarded to Trading Standards and I wouldn’t like to have to take them to small claims considering it’s such a small amount.

JReacher1

I don’t think they’ll refund you this delivery charge. It does say in their T’s & C’s you have to notify them via their online cancellation form as well as returning the item. 

“If you’re a customer in the EEA, you get 14 days to cancel your contract with us

This two week period starts from the day after you receive your order (or from the day after you receive the last item of your order). You’ll need to write to us with notice of your cancellation – just fill out this form where you’ll also find details on how to return your item(s).

“

I suspect this is legally dubious but how far are you going to take this for £4.99?

the_lunatic_is_in_my_head

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.

OP send them the above.

Boohoo have been mentioned on here before, I would say their site is set up to lead you down the route of using their returns flow to avoid paying back the delivery fee as they know the cost of return is cheaper than their standard £4.99 outward charge. 

explain7

It does also say I’m not required to use it.
“You may use a copy of the cancellation form available here, but you are not required to do so.”

It’s more the principle than the money. If I’m entitled to my delivery charge, I’d like to get it back because they shouldn’t be keeping money that customers are entitled to. 

JReacher1

I suppose the question is as you didn’t use the form did you give them a clear statement that you are cancelling the contract?

I accept BooHoo are pulling a bit of a fast one but it’s also partially your fault as they do clearly detail what you need to do if you are returning an item. If you had done this then you would have got a refund. 

As it is you’re now going to have to waste quite a lot of time and effort to get the £4.99 refunded. 

the_lunatic_is_in_my_head

JReacher1 said:

I suppose the question is as you didn’t use the form did you give them a clear statement that you are cancelling the contract?

I accept BooHoo are pulling a bit of a fast one but it’s also partially your fault as they do clearly detail what you need to do if you are returning an item. If you had done this then you would have got a refund. 

As it is you’re now going to have to waste quite a lot of time and effort to get the £4.99 refunded. 

As above any clear statement, not necessarily the one the retailer wishes to impose.

Generally speaking it is the consumer who is the best position as the burdens and responsibilities are placed upon the retailer, the idea being it gives confidence and overall increase trade.

We live in an age of legal pick-pocketing, too many companies helping themselves to a bit here and bit there but it adds up to a lot over the year. 

JReacher1

the_lunatic_is_in_my_head said:

JReacher1 said:

I suppose the question is as you didn’t use the form did you give them a clear statement that you are cancelling the contract?

I accept BooHoo are pulling a bit of a fast one but it’s also partially your fault as they do clearly detail what you need to do if you are returning an item. If you had done this then you would have got a refund. 

As it is you’re now going to have to waste quite a lot of time and effort to get the £4.99 refunded. 

As above any clear statement, not necessarily the one the retailer wishes to impose.

Generally speaking it is the consumer who is the best position as the burdens and responsibilities are placed upon the retailer, the idea being it gives confidence and overall increase trade.

We live in an age of legal pick-pocketing, too many companies helping themselves to a bit here and bit there but it adds up to a lot over the year. 

But what is a clear statement and did the OP provide one?

the_lunatic_is_in_my_head

It appears OP informed Boohoo via their returns portal, to be fair that sounds pretty clear really. 

I'm not sure exactly what a clear statement is as I don't believe it's defined (happy to be corrected). In theory simply returning the goods with a note may be a clear statement, I guess it would depend on what a court decided if an example ever got that far. 

What Boohoo are doing is pushing the customer to a free return and effectively saying the customer isn't exercising their right to cancel but instead is taking up the company's additional return service. 

Their actions could be deemed misleading IMHO.

JReacher1

the_lunatic_is_in_my_head said:

It appears OP informed Boohoo via their returns portal, to be fair that sounds pretty clear really. 

I'm not sure exactly what a clear statement is as I don't believe it's defined (happy to be corrected). In theory simply returning the goods with a note may be a clear statement, I guess it would depend on what a court decided if an example ever got that far. 

What Boohoo are doing is pushing the customer to a free return and effectively saying the customer isn't exercising their right to cancel but instead is taking up the company's additional return service. 

Their actions could be deemed misleading IMHO.

Yes I agree it’s misleading. 

I would suspect however this is the argument Boohoo will push so will refuse to refund the £4.99. The question is how far would the OP want to take this to force a refund of £4.99. If they do go to court, although I think they will win, there would be no guarantee. 

I also may be slightly naive but boohoo are a big company so I assume they have some legal advice which has signed off these terms. It would be interesting to see what the judgement would be if this did go to court.