Solved - Delivery Charge Refund

sheramber

JReacher1 said:

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?

https://www.boohoo.com/page/terms-and-conditions.html

They do state you do not need to use their form.

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.

JReacher1

sheramber said:

JReacher1 said:

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?

https://www.boohoo.com/page/terms-and-conditions.html

They do state you do not need to use their form.

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.

Yes but they do state you have to do something else apart from using the form e.g. email or post. 

The OP didn’t do anything but return the item via the online portal. Personally I think that should be enough but it seems like Boohoo don’t accept this. 

explain7

I was informed by Citizens Advice that I made a clear statement when I started a return on their system - I filled in all the details of the item and why I no longer wanted it. It also shows the date I cancelled. 

I then received an email from them for my return label which also confirmed what I was returning and why.

They said the evidence below and Boohoos email should be enough.

the_lunatic_is_in_my_head

JReacher1 said:

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. 

Big companies tend to get off lightly when bending the rules, I would lean towards the idea they've had advice on how to get away with as much as possible with the least risk of getting their knuckles rapped! 

JReacher1

Yeah I don’t disagree. The issue is that boohoo do and they have this covered in there T&C’s. 

If they won’t refund the £4.90 then you’re going to have to pursue this down the legal route to see if the courts agree with us all on here. 

explain7

I wouldn’t like to take legal action as it’s a last resort but they can’t keep getting away with it. 

If Boohoo keep refusing to refund - could I do a chargeback considering I paid through PayPal on CC.

Would I have to go through my bank or PayPal?. 

the_lunatic_is_in_my_head

explain7 said:

I wouldn’t like to take legal action as it’s a last resort but they can’t keep getting away with it. 

If Boohoo keep refusing to refund - could I do a chargeback considering I paid through PayPal on CC.

Would I have to go through my bank or PayPal?. 

You might have to check the terms of the CC as I believe some see Paypal as breaking the chain in the payment. 

The issue you have is Boohoo appear to be saying you haven't cancelled your contract but have instead used their additional returns service by using their free label.

My view (which doesn't hold any legal weight) is due to their volume and the prices they actually pay £4.99 is pretty much covering the postage both ways whereas typically the retailer should lose some and customer should lose some splitting the burden of cost. 

In my view the difficulty you have from a consumer rights view is demonstrating that action of driving you towards a free label at the cost of forfeiting the delivery fee is a misleading action.

If you Google "CEO email" you can email your way straight to the top and hopefully get a reply from a higher level of customer service who may refund the fee, probably as a "good will gesture".

theonlywayisup

explain7 said:

I wouldn’t like to take legal action as it’s a last resort but they can’t keep getting away with it. 

If Boohoo keep refusing to refund - could I do a chargeback considering I paid through PayPal on CC.

Would I have to go through my bank or PayPal?. 

You are somewhat stuck with Paypal as it doesn't fall under SNAD.  However, you could try.  If you ring Paypal and explain that they allowed returns and you have returned (with tracking) ask if they will allow you to retrospectively open a case for the full refund. Most agents will no doubt say no but if they do try to get a supervisor.  I have only managed a refund like this once (have only tried the one time) whereby I returned an unwanted item to White Company - they claimed not to have received it but tracking showed it was.  There  was no SNAD but Paypal helped in allowing me to open a case - it was opened by them for SNAD and escalated with my tracking immediately.  I had the refund within 48 hours - forced by Paypal, not given by WC.  Hopefully you will have similar good luck. 

DoaM

Given that you've effectively been "diddled" out of about £2.50, how much time and effort do you want to spend on this? You're legally in the right, but sometimes the stress of the battle isn't worth it.

JReacher1

explain7 said:

I wouldn’t like to take legal action as it’s a last resort but they can’t keep getting away with it. 

If Boohoo keep refusing to refund - could I do a chargeback considering I paid through PayPal on CC.

Would I have to go through my bank or PayPal?. 

You say keep getting away with this but it’s only happened to you once and this was because you didn’t read the boohoo return policy. 

If you had followed their clear instructions this wouldn’t have happened. 

It’s dubious what they are doing is legally correct but you’ve got to take some blame yourself as you didn’t follow their instructions.