Evans Cycles reimbursement for cost of return?

85_East

I purchased a bike online from Evans Cycles, but it is too big, so have returned it. Their cancellation/returns policy states
"You must return your items by post to Customer Returns, Unit B, Brook Park East, Shirebrook. NG20 8RY. no later than 14 days after the day on which you informed Sports
Direct that you would like to cancel your order. Any returns are at your own risk. For your protection, Sports Direct recommends that you return your items via registered post.

You must pay for any return delivery costs, except where the wrong item has been sent to you or the item is defective. Where an item cannot, by its nature, be returned by post (for example an exercise bike) we charge a collection fee."

When I informed them that I wanted to return the bike I was told that I could either post it back to them, or return to a store for a voucher, no offer of collection was made. Given that the bike was too big to be returned by post I had to use a courier. Am I able to reclaim the costs of the courier which I organised? 

Manxman_in_exile

Bearing in mind what their cancellation policy says,  didn't you ask them for a collection when you informed them you were returning it?  (Their policy also seems to say pretty clearly that you are responsible for return costs)

Hi_Fidelity

It is obvious that a bike cannot be returned by normal post ... do their T&Cs mention the estimated cost of returning package like a bike? If not then they may be in breach of the CCRs and so liable for the returns costs. You'd probably have to sue them though ... or, how did you pay originally?

85_East

Manxman_in_exile said:

Bearing in mind what their cancellation policy says,  didn't you ask them for a collection when you informed them you were returning it?  (Their policy also seems to say pretty clearly that you are responsible for return costs)

Thanks both, No, I didn't ask them for a collection, which I guess I should have done in hindsight. 

Hi_Fidelity said:

It is obvious that a bike cannot be returned by normal post ... do their T&Cs mention the estimated cost of returning package like a bike? If not then they may be in breach of the CCRs and so liable for the returns costs. You'd probably have to sue them though ... or, how did you pay originally?

No- T&C's make no mention of the estimated cost of returning it, the quoted text was all the information that there was on returns in the T&Cs. I paid by credit card for the bike. 

mattyprice4004

Why should a business have to pay  for you to return a bike you ordered in too large of a size?

You didn't like it, there's nothing wrong with it - you should pay.

Hi_Fidelity

mattyprice4004 said:

Why should a business have to pay  for you to return a bike you ordered in too large of a size?

You didn't like it, there's nothing wrong with it - you should pay.

Because that's what the law says ... unless the seller abides by their obligation to provide the necessary information to the consumer before the consumer becomes bound to the contract, in which case the consumer would pay. Whether or not that is fair is an entirely different question/discussion.

85_East

mattyprice4004 said:

Why should a business have to pay  for you to return a bike you ordered in too large of a size?

You didn't like it, there's nothing wrong with it - you should pay.

In principle I agree, and had Evans (Sports Direct) actually processed the refund for the return within 14 days I wouldn't be chasing this. As it is it is over 21 days since they got the bike back and I've not had any response to followup emails, nor any money back, so am slightly annoyed with them.

robatwork

I didn't realise Evans were owned by Sports Direct.   There's clearly a "big mug" joke to be made here.

Fortunately I'm too much a gentleman to make it.