Prepaid return label parcel insurance

dezza

I appreciate someone asked a similar question on here recently however I don't wish to hijack their thread.

I returned an order to Cex online within 14 days of receipt due to not being happy with the condition of the item received. I let them know of this prior to sending it back, and used a Collect+ return label which Cex link to on their website to use as an option. The item is now deemed lost in transit.

My question is Cex state that return parcels are only covered up to £100, and that an alternative service should be paid for should the customer need insurance over this amount. I appreciate that I should have done this, however as this was a 14 day return which they were notified of, and I have proof the item was sent back, are they obliged to provide a full refund?

I assume they may claim the full amount of the loss from the courier as it's their contract/agreement with them.

Thanks

the_lunatic_is_in_my_head

http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

Send them the above with a copy of the proof of posting showing it went back correctly. 

If they won't refund it's letter before action and small claims. 

dezza

the_lunatic_is_in_my_head said:

http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

Send them the above with a copy of the proof of posting showing it went back correctly. 

If they won't refund it's letter before action and small claims. 

Thanks, that's what I'll do.

Seems that the majority of retailers don't seem to follow this, I don't know anywhere that would readily refund before the item physically arrived back with them (apart from Amazon).

zoob

Not sure if you followed there return instructions for unwanted items, it reads that your responsible for postage and insurance , copy off there instructions below 

Any unwanted online order can be returned for a full refund by going into any CeX store or by posting the item(s) back to us within the first 14 days of the item(s) being delivered. 

If you are unable to return your item(s) within the first 14 days you will need to notify us of your intention to return your item within the first 14 days. You then have a further 14 days from the date you notify, to return your items for a refund.

In order to be eligible for a refund, items must be returned with all accessories and be in the same condition in which they were sold. 

We will also refund the initial, individual shipping charges of any items that are refunded.

We do not however cover any costs you incur in returning unwanted goods. When sending items back to us, we advise that you use an insured and/or traceable method of transit addressed to,

CeX Returns Order #<insert your Order number here>

Unit A
Greycaine House
21 Greycaine Road
Watford
WD24 7GP

DoaM

I'm not sure the OP returned on the basis of change of mind though, rather that the goods didn't conform to contract (item didn't match the description as the condition differed from what was expected - one can only assume an expectation of condition was derived from the description of the goods).

dezza

This is what I was enquiring about - the relevant legislation seems to differ from Cex's own returns policy. Their returns options (which they do provide Royal Mail or Collect+ labels for on a separate page) state that using these only provides insurance for up to £100, but the Consumer Contracts Regulations suggest that only providing evidence that the item was returned as sufficient to obtain a refund.

The item was returned as it was purchased as a B grade ('good condition') but was found to have several chips and dents on the sides of the phone. It's probably down to staff discretion as I know some of their stores have more lenient definitions of 'good' condition but from experience my local store would likely have classed it as a C.

zoob

DoaM said:

I'm not sure the OP returned on the basis of change of mind though, rather that the goods didn't conform to contract (item didn't match the description as the condition differed from what was expected - one can only assume an expectation of condition was derived from the description of the goods).

Your possibly right but it’s hard too say if it conforms to contract or didn’t confirm to customers expectations