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

visidigi

the_lunatic_is_in_my_head 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):

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 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.

(18)There is no entitlement to receive a refund—

(a)if none of subsections (10) to (12) applies,

(b)to the extent that anything to which subsection (12) applies cannot be given back in its original state, or

(c)where subsection (13) applies, to the extent that anything the consumer transferred under the contract cannot be divided so as to give back only the amount, or part of the amount, to which the consumer is entitled.

Thats not applicable as it does not cover the rights of delivery charges which are over and above the product value.

They have been refunded the costs of the partial return (and paid for it to be returned too). Sports direct have met the terms of that legislation.

Delivery charges are not refundable if any part of the order is retained - can you point to any part that contradicts this long standing position?

the_lunatic_is_in_my_head

visidigi said:

the_lunatic_is_in_my_head 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):

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 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.

(18)There is no entitlement to receive a refund—

(a)if none of subsections (10) to (12) applies,

(b)to the extent that anything to which subsection (12) applies cannot be given back in its original state, or

(c)where subsection (13) applies, to the extent that anything the consumer transferred under the contract cannot be divided so as to give back only the amount, or part of the amount, to which the consumer is entitled.

Thats not applicable as it does not cover the rights of delivery charges which are over and above the product value.

They have been refunded the costs of the partial return (and paid for it to be returned too). Sports direct have met the terms of that legislation.

Delivery charges are not refundable if any part of the order is retained - can you point to any part that contradicts this long standing position?

The CRA doesn't cover rights of delivery charges, it covers money paid, or anything else transferred, under the contract.


I'm not suggesting there is an entitlement for the OP to receive their delivery charges but that isn't because of the above quoted terms relating to the right to cancel or anything to do with acceptance.


To put it another way, it may be possible to reach the correct answer based on incorrect information   

sheramber

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.

But the postage wasn’t charged that way.

The postage charge was for the order, regardless of how many items were ordered.

If you had only ordered the one item it would have cost £4.99.

You ordered three items but there was no extra charge made.

it did not say postage is £1.66.3333 per item.

User_101122

You’re not getting your £4.99 p&p back off them.

Why don’t you get them to replace the two faulty items instead of refunding them and then you’ll be getting your full £4.99 worth.

mattyprice4004

It always baffles me why people come on here to ask a question, then argue with those trying to help them. 
You won't get your £4.99 back, and ordering from a bargain-bucket retailer like SD was never going to be a gold-plated customer service experience. 

Berate them on social media to cost them a few quid in sales if it makes you feel better, but I've never had a drop of goodwill from SD in my years as a customer.