Refund for P&P is 2 out of 3 items are faulty

OhIveWastedMyLife

Hi,

I hope this will be straightforward as I've been playing pong with a well known sports store....

I had ordered 3 items within one transaction and invoice, but 2 of which were faulty and I had these items collected for free via a courier (N/A in my attachment). I received the refund for the two faulty items and the only item that wasn't faulty cost £6 and the P&P was £4.99.

I didn't pay to solely have a £6 item with a P&P of £4.99, but to have this P&P spread across multiple items to make it more cost effective and worthwhile.

The Customer Support team are refusing to refund the P&P despite there being faulty goods but in the attached you can see their response.

Can you please advise after I did forward them the below regulations.

Reimbursement by trader in the event of withdrawal or cancellation

34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).

(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.

(3) In that case, the trader must reimburse any payment for delivery received from the consumer up to the amount the consumer would have paid if the consumer had chosen the least expensive common and generally acceptable kind of delivery offered by the trader.

(4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).

Thanks!

visidigi

The regulations only allow you to obtain a refund of P&P if the entire order is returned. The retailer is correct.

Its not relevant how many items you would have/could have/should have ordered. You still ordered, had delivery and received goods of acceptable quality and condition.

OhIveWastedMyLife

visidigi said:

The regulations only allow you to obtain a refund of P&P if the entire order is returned. The retailer is correct.

Its not relevant how many items you would have/could have/should have ordered. You still ordered, had delivery and received goods of acceptable quality and condition.

But the goods were faulty....

OhIveWastedMyLife

From Which.co.uk

"

Returning faulty goods

If you want to return your faulty goods for a refund, a repair or replacement, you should be refunded the delivery cost you paid to get it sent to you.

If you paid for enhanced or express delivery and you’re returning the faulty goods early on, this will also be refunded to you.

But if you’ve had the goods for a while and they’ve only just developed a fault, you probably won’t be able to claim back the initial delivery costs for getting the goods to you.

This is because you’ll have benefited from owning the product for a while already."

Can you please direct me to the regulations where it states an entire order, thanks.

visidigi

OhIveWastedMyLife said:

visidigi said:

The regulations only allow you to obtain a refund of P&P if the entire order is returned. The retailer is correct.

Its not relevant how many items you would have/could have/should have ordered. You still ordered, had delivery and received goods of acceptable quality and condition.

But the goods were faulty....

2 of the goods were. The third wasn't.

Again, all faulty, delivery charges refunded. If any parts are accepted then the delivery fees remain as the delivery was required to get the acceptable product to you.

OhIveWastedMyLife

visidigi said:

OhIveWastedMyLife said:

visidigi said:

The regulations only allow you to obtain a refund of P&P if the entire order is returned. The retailer is correct.

Its not relevant how many items you would have/could have/should have ordered. You still ordered, had delivery and received goods of acceptable quality and condition.

But the goods were faulty....

2 of the goods were. The third wasn't.

Again, all faulty, delivery charges refunded. If any parts are accepted then the delivery fees remain as the 

Again, please direct me to the regulations.

visidigi

OhIveWastedMyLife said:

visidigi said:

OhIveWastedMyLife said:

visidigi said:

The regulations only allow you to obtain a refund of P&P if the entire order is returned. The retailer is correct.

Its not relevant how many items you would have/could have/should have ordered. You still ordered, had delivery and received goods of acceptable quality and condition.

But the goods were faulty....

2 of the goods were. The third wasn't.

Again, all faulty, delivery charges refunded. If any parts are accepted then the delivery fees remain as the 

Again, please direct me to the regulations.

I don't think you are understanding your position correctly. Its not defined in the regulations, but that's because there is no term that allows you to get a refund for goods you have accepted. And thats the crux. You accepted goods from the order.

If you had returned the two faulty items and then exercised your right to cancel on the third item then you would have been entitled to have a refund of the basic delivery costs.

As you have accepted part of the order, there is no full refund entitlement. There is no term that covers a right to refund on accepted goods.

Because, well, you accepted them, one, three, four hundred items doesn't matter. Partial acceptance of the order does not remove the delivery costs of that one item coming to you.

The terms and conditions you agreed to when ordering from sportsdirect.com also make this clear (bolding is mine):

https://help.sportsdirect.com/support/solutions/articles/76000021986-terms-conditions-uk-

If you are returning all items in your order, SportsDirect.com Retail Ltd. will also refund the cost of the initial delivery to you, but only up to the cost of the standard delivery charge. Sports Direct Fraser Limited will not refund any Next Day, Express, Saturday or other premium component of any delivery charge. If you are not returning all the items in your order, the initial delivery cost will not be returned to you.

mjm3346

You have kept 1 item and been charged the appropriate amount for that delivery - effectively there was no delivery charge for the other 2 items so no charge to refund  - if they were charging more for more items there should have been a some sort of refund so you only ended up paying whatever the charge is for 1 item.

OhIveWastedMyLife

visidigi said:

OhIveWastedMyLife said:

visidigi said:

OhIveWastedMyLife said:

visidigi said:

The regulations only allow you to obtain a refund of P&P if the entire order is returned. The retailer is correct.

Its not relevant how many items you would have/could have/should have ordered. You still ordered, had delivery and received goods of acceptable quality and condition.

But the goods were faulty....

2 of the goods were. The third wasn't.

Again, all faulty, delivery charges refunded. If any parts are accepted then the delivery fees remain as the 

Again, please direct me to the regulations.

I don't think you are understanding your position correctly. Its not defined in the regulations, but that's because there is no term that allows you to get a refund for goods you have accepted. And thats the crux. You accepted goods from the order.

If you had returned the two faulty items and then exercised your right to cancel on the third item then you would have been entitled to have a refund of the basic delivery costs.

As you have accepted part of the order, there is no full refund entitlement. There is no term that covers a right to refund on accepted goods.

Because, well, you accepted them, one, three, four hundred items doesn't matter. Partial acceptance of the order does not remove the delivery costs of that one item coming to you.

The terms and conditions you agreed to when ordering from sportsdirect.com also make this clear (bolding is mine):


If you are returning all items in your order, SportsDirect.com Retail Ltd. will also refund the cost of the initial delivery to you, but only up to the cost of the standard delivery charge. Sports Direct Fraser Limited will not refund any Next Day, Express, Saturday or other premium component of any delivery charge. If you are not returning all the items in your order, the initial delivery cost will not be returned to you.

Please review under the "Defective items" sub-section. The "If you are not returning all the items in your order, the initial delivery cost will not be returned to you." is not in relation to defective goods

Defective items

In the unlikely event that you receive a defective product, you will be entitled to one of the following remedies:

1. Tier 1: within 30 days* of receiving the defective item, you can choose to receive either:

• a repair or replacement; or

• a full refund.

2. Tier 2: if more than 30 days have passed after you received the goods, you can claim a repair or a replacement of the defective item (but not a refund).

3. Tier 3: if the repair or replacement is not possible, or if it is unsuccessful or cannot be provided to you in a reasonable time, then you can choose to either:

• keep the defective item and claim a price reduction (the amount of the price reduction will be determined by Sports Direct depending on what is reasonable in the circumstances); or

• return the defective item and claim a refund (but note that if you have had the goods for more than 6 months, this refund may be reduced to take account of any use you have had from the goods).

* The Tier 1 right to reject, for perishable goods that would not be expected to last for 30 days, lasts only as long as such perishable goods would reasonably be expected to last.

If you think you have received a defective item, please return the items back to Sports Direct including details where possible of:

• Your Order Number

• Product Code/Product Name

• Details of the fault

• Whether you would prefer a refund or a repair or replacement

 

the_lunatic_is_in_my_head

visidigi said:

OhIveWastedMyLife said:

visidigi said:

OhIveWastedMyLife said:

visidigi said:

The regulations only allow you to obtain a refund of P&P if the entire order is returned. The retailer is correct.

Its not relevant how many items you would have/could have/should have ordered. You still ordered, had delivery and received goods of acceptable quality and condition.

But the goods were faulty....

2 of the goods were. The third wasn't.

Again, all faulty, delivery charges refunded. If any parts are accepted then the delivery fees remain as the 

Again, please direct me to the regulations.

I don't think you are understanding your position correctly. Its not defined in the regulations, but that's because there is no term that allows you to get a refund for goods you have accepted. And thats the crux. You accepted goods from the order.

If you had returned the two faulty items and then exercised your right to cancel on the third item then you would have been entitled to have a refund of the basic delivery costs.

As you have accepted part of the order, there is no full refund entitlement. There is no term that covers a right to refund on accepted goods.

Because, well, you accepted them, one, three, four hundred items doesn't matter. Partial acceptance of the order does not remove the delivery costs of that one item coming to you.

The terms and conditions you agreed to when ordering from sportsdirect.com also make this clear (bolding is mine):

https://help.sportsdirect.com/support/solutions/articles/76000021986-terms-conditions-uk-

If you are returning all items in your order, SportsDirect.com Retail Ltd. will also refund the cost of the initial delivery to you, but only up to the cost of the standard delivery charge. Sports Direct Fraser Limited will not refund any Next Day, Express, Saturday or other premium component of any delivery charge. If you are not returning all the items in your order, the initial delivery cost will not be returned to you.

That clause from the terms relates to exercising the right to cancel the contract so doesn't apply to the OP.


"Acceptance" is not a term that appears in the Consumer Rights Act, a consumer can not lose their right for the goods to conform to the contract, and in turn the traders obligations towards them, by "accepting" goods.


OP, it's unclear by my knowledge what the traders obligation is in regard to your specific issue of the original delivery charge but the legislation governing it is pasted below:


www.legislation.gov.uk/ukpga/2015/15/section/21/enacted

Partial rejection of goods

Section 20(10) to (17) apply to a consumer’s right to receive a refund under this section (and in section 20(13) and (14) references to the contract being treated as at an end are to be read as references to goods being rejected).

www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

(11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies.

(12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.

(13)If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end.

(14)If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid.

(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

(16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise.

(17)The trader must not impose any fee on the consumer in respect of the refund.

visidigi

OhIveWastedMyLife said:

visidigi said:

OhIveWastedMyLife said:

visidigi said:

OhIveWastedMyLife said:

visidigi said:

The regulations only allow you to obtain a refund of P&P if the entire order is returned. The retailer is correct.

Its not relevant how many items you would have/could have/should have ordered. You still ordered, had delivery and received goods of acceptable quality and condition.

But the goods were faulty....

2 of the goods were. The third wasn't.

Again, all faulty, delivery charges refunded. If any parts are accepted then the delivery fees remain as the 

Again, please direct me to the regulations.

I don't think you are understanding your position correctly. Its not defined in the regulations, but that's because there is no term that allows you to get a refund for goods you have accepted. And thats the crux. You accepted goods from the order.

If you had returned the two faulty items and then exercised your right to cancel on the third item then you would have been entitled to have a refund of the basic delivery costs.

As you have accepted part of the order, there is no full refund entitlement. There is no term that covers a right to refund on accepted goods.

Because, well, you accepted them, one, three, four hundred items doesn't matter. Partial acceptance of the order does not remove the delivery costs of that one item coming to you.

The terms and conditions you agreed to when ordering from sportsdirect.com also make this clear (bolding is mine):


If you are returning all items in your order, SportsDirect.com Retail Ltd. will also refund the cost of the initial delivery to you, but only up to the cost of the standard delivery charge. Sports Direct Fraser Limited will not refund any Next Day, Express, Saturday or other premium component of any delivery charge. If you are not returning all the items in your order, the initial delivery cost will not be returned to you.

Please review under the "Defective items" sub-section. The "If you are not returning all the items in your order, the initial delivery cost will not be returned to you." is not in relation to defective goods

Defective items

In the unlikely event that you receive a defective product, you will be entitled to one of the following remedies:

1. Tier 1: within 30 days* of receiving the defective item, you can choose to receive either:

• a repair or replacement; or

• a full refund.

2. Tier 2: if more than 30 days have passed after you received the goods, you can claim a repair or a replacement of the defective item (but not a refund).

3. Tier 3: if the repair or replacement is not possible, or if it is unsuccessful or cannot be provided to you in a reasonable time, then you can choose to either:

• keep the defective item and claim a price reduction (the amount of the price reduction will be determined by Sports Direct depending on what is reasonable in the circumstances); or

• return the defective item and claim a refund (but note that if you have had the goods for more than 6 months, this refund may be reduced to take account of any use you have had from the goods).

* The Tier 1 right to reject, for perishable goods that would not be expected to last for 30 days, lasts only as long as such perishable goods would reasonably be expected to last.

If you think you have received a defective item, please return the items back to Sports Direct including details where possible of:

• Your Order Number

• Product Code/Product Name

• Details of the fault

• Whether you would prefer a refund or a repair or replacement

 

Pasting faulty item text in this thread does not change your rights.

The section I pasted to you was the delivery rights. The delivery rights are not replaced by the faulty goods rights UNLESS the whole order is returned.

Its really clear cut here - sportsdirect have advised you correctly. You are not entitled to a refund of the initial delivery costs if any items of the order are retained by the purchaser.