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Quick Question on Returns

the_lunatic_is_in_my_head
the_lunatic_is_in_my_head Posts: 9,846 Forumite
Part of the Furniture 1,000 Posts Photogenic Name Dropper
edited 10 March 2021 at 4:50PM in Consumer rights
OH purchased a bunch of clothing from Asda/George and she wants to return a few bits, the T&Cs online state returns at customers cost when cancelling.

Neither the order confirmation nor dispatch email have any info regarding the right to cancel. 

Paperwork with goods says a lot about returns but not that the consumer must bear the returns cost.  

CCRs state the info in Schedule 2 including: 

where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods


must be given via durable means. 

www.legislation.gov.uk/uksi/2013/3134/regulation/10/made

10.—(1) Before the consumer is bound by an off-premises contract, the trader—

(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and

(b)if a right to cancel exists, must give the consumer a cancellation form as set out in part B of Schedule 3.

(2) The information and any cancellation form must be given on paper or, if the consumer agrees, on another durable medium and must be legible.


If they haven't advised via durable means that the consumer must bear the returns costs then should the return be at their expense? 

As an aside nearest ASDA is 100 miles away so we can't return to store.

In the game of chess you can never let your adversary see your pieces

Comments

  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I've not ordered anything for several months but when I have previously the included paperwork has always had details about rights under CCRs, although looking at their site you can return free of charge either via a store (which you say is not an option) or through a Yodel drop off point so they do provide you two ways of returning at no cost to yourself.
  • MattMattMattUK
    MattMattMattUK Posts: 12,356 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    They offer two three methods to return the order, either Collect+ or drop off in store.
    https://asda.custhelp.com/
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,846 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 11 March 2021 at 9:06AM
    Fosterdog said:
    I've not ordered anything for several months but when I have previously the included paperwork has always had details about rights under CCRs, although looking at their site you can return free of charge either via a store (which you say is not an option) or through a Yodel drop off point so they do provide you two ways of returning at no cost to yourself.
    I've read through the paper and they detail their 100 day and 28 day returns, return to store, Collect+ pick up for bigger items (bigger than we are returning) and more options to return via their website.

    Unless I'm really missing something, nothing directly relating to the right to cancel and nothing at all to mention the consumer is to bear the cost of returning in the event of cancellation other than on the website T&Cs page. 

    Drop off point is a 50 mile round trip so that's out as well. 

    It's widely stated on this board that information on a website isn't classed as durable so assuming that's correct I can't see we have the obligation to cover the return cost? 
    In the game of chess you can never let your adversary see your pieces
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