Rights regarding online exchange from EU

Dikfore

I recently placed an order with a retailer based in Germany, for 5 items.

On receipt, one of the items was not fit for purpose and the other one (a belt) did not fit.

I requested to exchange these two items - I wanted to return the first one and buy a different option to replace it. With the belt I wanted to exchange it for a larger size.

The retailer agreed to this and I posted the 2 items back at my own cost, keeping the 3 things which were OK.

The retailer then contacted me to say that I needed to pay shipping (again) in order to receive the exchanged items.

I contacted them to state that although they did not expressly state an exchange process on their website (I can't find any information in law regarding consumer rights in the case of an exchange), I believed it should be handled as though it were a return and issuing of a new order. Under their own terms and conditions (and the EU Directives), a return within the 14 day period would mean that the cost of the return would be borne by the retailer. They would then refund me the cost of those items and the shipping, then send out the 'new order' including the cost of shipping (which would result in effectively no additional shipping cost for myself, just the cost of the initial shipping and the return).

They then contacted me to state that, "The shipping will only be credited if you send all articles from the whole order back, than we have to pay back the complete articles + shipping. If you just want to exchange an article, than you have to pay the shipping for the new delivery."

They did offer to compromise by splitting the cost of the (20 Euro) delivery between ourselves. However I would then have borne the cost of the initial delivery, plus the cost of the return, plus an additional fee for delivery.

I don't believe that in the case of the return of one or two items that I am required to return the complete order, in order to receive a refund on the delivery cost. Ultimately, I would prefer to exchange the items which aren't suitable for ones which are. However, at this point I would be very tempted to just say, "Forget about the exchange, just give me a refund for the items I returned". In that case, would they still be liable to refund the initial shipping cost, if I have 'benefitted' by receiving some items at effectively no shipping cost (I would still have borne the cost of the return shipping fee)? I would like to know where I stand on this as it seems to be a bit of a grey area.

the_lunatic_is_in_my_head

EU requirements are typically inline with those in the UK which state you can cancel the contract for a refund. 

I believe exchanges are something that are down to the retailer so they can impose their own terms regarding the postage. 

When cancelling the cost of return is to be borne by the consumer if the retailer states such via durable means. They are obligated to refund the outward postage (at the base rate so excluding the extra cost of any postage enhancements)

Unless they offer longer or haven't provided the required information you have 14 days starting the day after delivery to cancel, personally I don't think asking for an exchange is notification of cancelling.

Unholyangel is the resident expert who can probably advise best on whether you can cancel part of an order or have to cancel the whole lot. 

Under UK law (you'd have to check German law to see how this translates there) you can reject goods outright within 30 days for a refund but the retailer can ask you demonstrate the fault, alternatively a repair or replacement can be undertaken, in either case the costs should be covered by the retailer. Have they disagreed one of the items isn't fit for purpose?

Dikfore

Thanks for the quick reply. Regarding the "not fit for purpose", the item was an add-on for a piece of sporting equipment. I mentioned in my email to them that "it wasn't a very good fit" (it's advertised as fitting this equipment) and explained why it didn't fit, which I believe was an indication that it wasn't fit for purpose. I did not, however, state the words "unfit for purpose". Perhaps I should have expressly stated that from the outset? They just sent a reply saying "We will process your exchange under number xxxxx. We will endeavor to get it done as quickly as possible. Please enclose a copy of this letter with the return." That would seem to indicate that they were happy to receive it back and exchange for the alternative I suggested.

I did ask them to direct me to the area in their terms and conditions where it mentions their exchange policy, as I'm at a bit of a disadvantage due to only knowing basic German (Google translate helps but it's not always accurate), but they did not respond to this. I looked through the T&C's and couldn't find any mention of an exchange policy, only a returns policy which seems to be in line with the current legislation (14 days to cancel without reason, I pay return shipping, they refund the goods and initial shipping costs).

I seem to remember something in one the EU Directives I looked at which stated something to the effect that "anything not mentioned in the sales contract would be resolved to the benefit of the customer", but I can't seem to find it again (there's a lot to look through!).

bris

Dikfore said:

I seem to remember something in one the EU Directives I looked at which stated something to the effect that "anything not mentioned in the sales contract would be resolved to the benefit of the customer", but I can't seem to find it again (there's a lot to look through!).

Not when the benefit of the customer is unreasonable. They are offering a refund which is them complying with the law. 
Exchanges are nothing to do with the law they are store policies, the customer paying postage on an exchange is perfectly reasonable.