M&S returns policy illegal?

We're looking to buy some dining chairs that aren't on display in any local stores (having checked the 4 closest stores stocking furniture to me up to 75 miles away). Their terms for returns on the website state there's a £25 collection fee in addition to the £9.95 delivery fee which I believe is illegal under distance selling regulations. I understand that collection should be free and delivery refunded. Am I correct? 

If so how can I challenge this as the purchase works out at a substantial amount for 6 chairs.

Comments

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,116 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 1 April 2022 at 9:04PM
    Assuming you cancel your contract the original payment should be refunded in full including delivery (at the basic rate so if standard delivery is 3.99 but you pay 9.99 for express they only need to refund 3.99). M&S terms on cancellation appear to correctly state this. 

    Returns costs are for the consumer to pay if the trader advises of such and, for goods which can not be returned via normal post, the cost of return. Both pieces of information must be given in a durable medium otherwise the retailer must pay the return costs. 

    Companies that offer additional return policies (typically with extended timeframes) can, generally speaking, impose their own terms, but must still adhere to the above as well in the event of the consumer exercising their right to cancel as per the regulations.
    In the game of chess you can never let your adversary see your pieces
  • Diamandis
    Diamandis Posts: 881 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    I don't see where they say they won't refund the original delivery cost. They can charge you for the return costs provided they advise you of this.
  • Ergates
    Ergates Posts: 2,988 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They can charge for return, but only if you are returning the item because you've changed your mind (or it's the wrong size or whatever) - *not* if you're returning it because it's faulty.
  • shiraz99
    shiraz99 Posts: 1,829 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Agree with the other posts. There's nothing unlawful in the M&S terms regarding returns.
  • photome
    photome Posts: 16,634 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    if the chairs are a substantial amount and you don’t like them ,£25 doesn’t seem a huge price to pay to “ view them” given it would cost  more than that in petrol to travel further than you already have.

    assuming they will refund the standard delivery fee
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