Online retailers and refunding postage costs

Shagger

Last month I bought some clothing using a credit card from a small independent online retailer but the item that arrived was the wrong size. I returned it to them at my own expense and asked for a refund as they didn't have the required size in stock.

After some badgering they eventually issued a refund, but only for the cost of the item itself. From what I read of the Consumer Contracts Regulations, as specified below, I should also at least get back the original postage costs (i.e. what they charged me to post the item to me):

https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

Is my understanding correct? And if so, what steps can I take to get the postage refunded? So far my emails have gone unanswered.

longjohnjohnson

Shagger said:

Last month I bought some clothing using a credit card from a small independent online retailer but the item that arrived was the wrong size. I returned it to them at my own expense and asked for a refund as they didn't have the required size in stock.

After some badgering they eventually issued a refund, but only for the cost of the item itself. From what I read of the Consumer Contracts Regulations, as specified below, I should also at least get back the original postage costs (i.e. what they charged me to post the item to me):

https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

Is my understanding correct? And if so, what steps can I take to get the postage refunded? So far my emails have gone unanswered.

LBA then court.

The unfortunate problem with exercising consumer rights is you have to do it, there's no-one to do it on your behalf for free, most of the time anyway.

GrumpyDil

As long as you returned it within 14 days if receipt you are entitled to both a refund if the purchase price and any postage cost in sending it to you. 

longjohnjohnson

GrumpyDil said:

As long as you returned it within 14 days if receipt you are entitled to both a refund if the purchase price and any postage cost in sending it to you. 

But this is a problem of exercising their rights, not knowing their rights.

The OP knows their rights, the retailer seems to not give a you-know-what.

Their only option is an LBA then taking the retailer to court.

Jenni_D

Is chargeback a possibility to recover the (standard) cost of initial postage?

One point though - if the goods supplied did not conform to contract (e.g. the OP ordered medium and the seller sent goods labelled as small) then the OP shouldn't even have had to pay for return shipping.

TELLIT01

Did the OP order the wrong size, was the incorrect size sent, or did the ordered size arrive and it did not fit? 

Undervalued

TELLIT01 said:

Did the OP order the wrong size, was the incorrect size sent, or did the ordered size arrive and it did not fit? 

As the OP sent the good back at their own expense and doesn't seem to be disputing that cost I would assume they ordered the wrong size and were sent what they ordered.

As Jenni_D has pointed out, if the goods didn't comply with the order then the OP would be entitled to a refund of the return carriage too.

Obviously the purchaser is entitled to their rights under the law. However it is difficult not to feel some sympathy for the retailer in these sort of circumstances.

born_again

GrumpyDil said:

As long as you returned it within 14 days if receipt you are entitled to both a refund if the purchase price and any postage cost in sending it to you. 

Pretty sure if you pay extra for delivery (next day)etc then you can only get std deliver charges back.

As to chargeback. No. As it is based on card regulations & not you legal rights.

Alderbank

longjohnjohnson said:

LBA then court.

Lots we don't know about this transaction but the claim, seemingly sending one garment back to a UK address, will be less than a fiver.
There is no minimum for MCOL but is claiming e.g. £4.65 a little OTT?

Jenni_D

born_again said:

GrumpyDil said:

As long as you returned it within 14 days if receipt you are entitled to both a refund if the purchase price and any postage cost in sending it to you. 

Pretty sure if you pay extra for delivery (next day)etc then you can only get std deliver charges back.

As to chargeback. No. As it is based on card regulations & not you legal rights.

Thanks - I suspected not but didn't hurt to ask.

And yes - you're only entitled to standard delivery costs returned. If you pay extra for enhanced delivery then the CCRs don't allow for that extra cost to be reimbursed, just the standard cost. (The old DSRs did, I believe, but this changed when the CCRs were introduced).

MH1927

Alderbank said:

longjohnjohnson said:

LBA then court.

Lots we don't know about this transaction but the claim, seemingly sending one garment back to a UK address, will be less than a fiver.
There is no minimum for MCOL but is claiming e.g. £4.65 a little OTT?

"De minimis non curat lex" = The court does not concern itself with trifles.

Suing for an amount less than court fees cost leads you open to the claim being dismissed at whim by the court or as frequently happens not being awarded the costs.