UPS collection

ripplyuk

I recently bought a coat from Columbia outdoor and it was too big so I rang Columbia and they said I needed to use UPS to return it, which was free of charge and they would collect from my home. They needed me to print the returns label and my printer wasn’t working so I asked them if they could give me the address and I would pay to send it myself using Royal Mail signed for instead. They refused, saying the goods wouldn’t be accepted unless I used their preferred returns system. Is that legal? I thought that I had the right to return anything bought online within 14 days. Can they refuse to accept it if I don’t use their courier? 

My second question is about UPS. Having had many parcels go missing with various couriers, I’m reluctant to hand this over to them without some form of receipt. The item is worth over £150 (which is another reason I wanted to use Royal Mail signed for, as it’s insured). I know from past experience that when I ask couriers for a receipt, they have no way to do that and just try to reassure me that once they scan it into their system, it’s safe (which clearly isn’t true). What am I meant to do? Is the only option to take the risk? 

Aylesbury_Duck

If you use their return system, they are responsible once it's been collected from you.  If you DIY, you remain responsible until it's in their possession.

It's a no-brainer. Find a way to make their process work.

Sandtree

Royal Mail signed for is only covered up to £50 so will be insufficient for your needs. Special Delivery can be up to £2,500 of cover.

With UPS you can drop it off at an access point if you dont want to wait in for a courier.

According to their website FAQ you can use a courier of your own choosing however it gives an address in the USA for the item to be returned to so either it’s going to be cost prohibitive to do so or their website isnt very well localised. It may be worth pointing out to them that if they follow the FAQ link off their returns page it does say you can use your own courier.

the_lunatic_is_in_my_head

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.

I'm not sure if that means the consumer is obligated to accept the traders offer?

But OP if you do take their offer of collection then they must refund as per:

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer’s decision to withdraw the offer or cancel the contract, in accordance with regulation 44.

ripplyuk

Aylesbury_Duck said:

If you use their return system, they are responsible once it's been collected from you.  If you DIY, you remain responsible until it's in their possession.

It's a no-brainer. Find a way to make their process work.

That has not been my experience. I’ve had a retailer arrange a courier collection previously (which was their choice) and the item didn’t turn up. They wouldn’t refund me as they said it was my responsibility to make sure it reached them. 

Spank

Nope, they are wrong

neilmcl

ripplyuk said:

I thought that I had the right to return anything bought online within 14 days. Can they refuse to accept it if I don’t use their courier? 

You do, but enforcing that right, in a timely manner, with a company that's perhaps not even based in the UK is a different matter. How quickly do you want your money back. I suggest you fix your printer or go buy a new one in the Black Friday sales.

jon81uk

I would trust UPS over Royal Mail with an expensive item I think.

Can you go to a UPS collection point and have them print it? On the UPS site there is an option to filter by locations that can accept payment for postage, these can probably print it as well? But they seem to be few and far between https://www.ups.com/dropoff/?loc=en_GB

ripplyuk

I did end up buying a new printer but I wanted to know if it was legal for them to refuse to accept a return through Royal Mail. They were adamant on the phone that it would not be accepted or refunded, which annoyed me. I went ahead and arranged the UPS collection for this morning and they never turned up. The nearest collection point is too far away and parking is difficult there. 

It really would have been so much simpler to just use the post office! I’m not in a huge hurry for the refund so it doesn’t matter if the courier is quicker. 

JJ_Egan

(But I wanted to know if it was legal for them to refuse to accept a return through Royal Mail.)

Legal as in USA law as a company based in Oregon .

Or the UK version based

Columbia Sportswear Company. Avenue des Morgines, 12 1213 Petit-Lancy Switzerland.

DiddyDavies

JJ_Egan said:

(But I wanted to know if it was legal for them to refuse to accept a return through Royal Mail.)

Legal as in USA law as a company based in Oregon .

Or the UK version based

Columbia Sportswear Company. Avenue des Morgines, 12 1213 Petit-Lancy Switzerland.

Where they are based doesn't matter as far as your consumer rights are concerned (but I agree that actually enforcing those rights may be more difficult). It's the laws that the contract is agreed under that count:

18. Applicable Law and Jurisdiction

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of England and Wales, without resort to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the English courts over any suit, action or proceeding arising out of or in connection with these Site Terms.

So if they refused to accept the return then a S75 claim (if paid for with a credit card) for a breach of consumer rights could be attempted.