Refusing to Waive Returns Fee.

bujin

Hi All. 

 I bought an item from a retailer specifically because they offered Next Day Delivery and needed it the following day. I paid for this service and had an email confirming this. 

However, the item did not arrive until a week later and I’d been forced to purchase elsewhere. 

 In contacting them to return the item, they have offered to refund the item in full and refund the next day delivery charge, but are insisting I pay for the return postage.
 

 My thinking is if they’d upheld their side of the bargain, I wouldn’t be returning the items and it’s through no fault of mine that I’m having to do so. 

Do I have any right to protest this, I mean within my Consumer Rights or are they right because it does state in their T&Cs about the return fee. 

Thanks. 

powerful_Rogue

bujin said:

Hi All. 

 I bought an item from a retailer specifically because they offered Next Day Delivery and needed it the following day. I paid for this service and had an email confirming this. 

However, the item did not arrive until a week later and I’d been forced to purchase elsewhere. 

 In contacting them to return the item, they have offered to refund the item in full and refund the next day delivery charge, but are insisting I pay for the return postage.
 

 My thinking is if they’d upheld their side of the bargain, I wouldn’t be returning the items and it’s through no fault of mine that I’m having to do so. 

Do I have any right to protest this, I mean within my Consumer Rights or are they right because it does state in their T&Cs about the return fee. 

Thanks. 

If they have that in their T&C's, then they are correct in this.

bujin

Okay thanks. Thought I’d ask anyway. 

Alderbank

powerful_Rogue said:

bujin said:

Hi All. 

 I bought an item from a retailer specifically because they offered Next Day Delivery and needed it the following day. I paid for this service and had an email confirming this. 

However, the item did not arrive until a week later and I’d been forced to purchase elsewhere. 

 In contacting them to return the item, they have offered to refund the item in full and refund the next day delivery charge, but are insisting I pay for the return postage.
 

 My thinking is if they’d upheld their side of the bargain, I wouldn’t be returning the items and it’s through no fault of mine that I’m having to do so. 

Do I have any right to protest this, I mean within my Consumer Rights or are they right because it does state in their T&Cs about the return fee. 

Thanks. 

If they have that in their T&C's, then they are correct in this.

Agreed, they are correct for a change of mind return.

However in this case the OP paid extra for Next Day Delivery. The only benefit this confers is next day delivery so it follows that time was of the essence.

OP get back to them and say that it is not a change of mind return but because the goods were not as described, i.e. they were not delivered next day so you are entitled to refund in full.

powerful_Rogue

Alderbank said:

powerful_Rogue said:

bujin said:

Hi All. 

 I bought an item from a retailer specifically because they offered Next Day Delivery and needed it the following day. I paid for this service and had an email confirming this. 

However, the item did not arrive until a week later and I’d been forced to purchase elsewhere. 

 In contacting them to return the item, they have offered to refund the item in full and refund the next day delivery charge, but are insisting I pay for the return postage.
 

 My thinking is if they’d upheld their side of the bargain, I wouldn’t be returning the items and it’s through no fault of mine that I’m having to do so. 

Do I have any right to protest this, I mean within my Consumer Rights or are they right because it does state in their T&Cs about the return fee. 

Thanks. 

If they have that in their T&C's, then they are correct in this.

Agreed, they are correct for a change of mind return.

However in this case the OP paid extra for Next Day Delivery. The only benefit this confers is next day delivery so it follows that time was of the essence.

OP get back to them and say that it is not a change of mind return but because the goods were not as described, i.e. they were not delivered next day so you are entitled to refund in full.

OP is getting a refund in full.

Sandtree

You also need to read the T&Cs/FAQ on delivery... I've known more than one company that says dispatch is 3-5 days and then you have a choice of delivery services from the point of dispatch and so next day is really 4-6 days from order where as the standard 3 day delivery is 6-8 days.

Probably not surprisingly the company changed their policy during covid lockdowns.

Alderbank

powerful_Rogue said:

Alderbank said:

powerful_Rogue said:

bujin said:

Hi All. 

 I bought an item from a retailer specifically because they offered Next Day Delivery and needed it the following day. I paid for this service and had an email confirming this. 

However, the item did not arrive until a week later and I’d been forced to purchase elsewhere. 

 In contacting them to return the item, they have offered to refund the item in full and refund the next day delivery charge, but are insisting I pay for the return postage.
 

 My thinking is if they’d upheld their side of the bargain, I wouldn’t be returning the items and it’s through no fault of mine that I’m having to do so. 

Do I have any right to protest this, I mean within my Consumer Rights or are they right because it does state in their T&Cs about the return fee. 

Thanks. 

If they have that in their T&C's, then they are correct in this.

Agreed, they are correct for a change of mind return.

However in this case the OP paid extra for Next Day Delivery. The only benefit this confers is next day delivery so it follows that time was of the essence.

OP get back to them and say that it is not a change of mind return but because the goods were not as described, i.e. they were not delivered next day so you are entitled to refund in full.

OP is getting a refund in full.

OP's issue is that '...they have offered to refund the item in full and refund the next day delivery charge, but are insisting I pay for the return postage.'

powerful_Rogue

Alderbank said:

powerful_Rogue said:

Alderbank said:

powerful_Rogue said:

bujin said:

Hi All. 

 I bought an item from a retailer specifically because they offered Next Day Delivery and needed it the following day. I paid for this service and had an email confirming this. 

However, the item did not arrive until a week later and I’d been forced to purchase elsewhere. 

 In contacting them to return the item, they have offered to refund the item in full and refund the next day delivery charge, but are insisting I pay for the return postage.
 

 My thinking is if they’d upheld their side of the bargain, I wouldn’t be returning the items and it’s through no fault of mine that I’m having to do so. 

Do I have any right to protest this, I mean within my Consumer Rights or are they right because it does state in their T&Cs about the return fee. 

Thanks. 

If they have that in their T&C's, then they are correct in this.

Agreed, they are correct for a change of mind return.

However in this case the OP paid extra for Next Day Delivery. The only benefit this confers is next day delivery so it follows that time was of the essence.

OP get back to them and say that it is not a change of mind return but because the goods were not as described, i.e. they were not delivered next day so you are entitled to refund in full.

OP is getting a refund in full.

OP's issue is that '...they have offered to refund the item in full and refund the next day delivery charge, but are insisting I pay for the return postage.'

And that's what he OP is entitled to. It is a change of mind, as the OP went and purchased elsewhere. Also the goods were as described, it's just the delivery aspect that fell short, but as @Sandtree said, depends on the T&C's relating to what 'next day' actually is.

bujin

Sandtree said:

You also need to read the T&Cs/FAQ on delivery... I've known more than one company that says dispatch is 3-5 days and then you have a choice of delivery services from the point of dispatch and so next day is really 4-6 days from order where as the standard 3 day delivery is 6-8 days.

Probably not surprisingly the company changed their policy during covid lockdowns.

Yes but as said this was a selection made for Next Day Delivery. There wasn’t any ambiguity about it. 

Not sure why you think the company changed their policy?? Or why that had a bearing here?

Sandtree

bujin said:

Sandtree said:

You also need to read the T&Cs/FAQ on delivery... I've known more than one company that says dispatch is 3-5 days and then you have a choice of delivery services from the point of dispatch and so next day is really 4-6 days from order where as the standard 3 day delivery is 6-8 days.

Probably not surprisingly the company changed their policy during covid lockdowns.

Yes but as said this was a selection made for Next Day Delivery. There wasn’t any ambiguity about it. 

Not sure why you think the company changed their policy?? Or why that had a bearing here?

Yes, and that's what the options they had... Next Day, Standard, Saturday but all of those were relative to the dispatch date not the order day.

Their changing their policy has no bearing here and was just a side comment. I think they changed their policy because web sales pre-covid were a tiny part of their business and they actively encouraged people to come in store instead. Covid meant store closed so only sales were then online and so probably then thought online service needed to match their price point 

bujin

powerful_Rogue said:

Alderbank said:

powerful_Rogue said:

Alderbank said:

powerful_Rogue said:

bujin said:

Hi All. 

 I bought an item from a retailer specifically because they offered Next Day Delivery and needed it the following day. I paid for this service and had an email confirming this. 

However, the item did not arrive until a week later and I’d been forced to purchase elsewhere. 

 In contacting them to return the item, they have offered to refund the item in full and refund the next day delivery charge, but are insisting I pay for the return postage.
 

 My thinking is if they’d upheld their side of the bargain, I wouldn’t be returning the items and it’s through no fault of mine that I’m having to do so. 

Do I have any right to protest this, I mean within my Consumer Rights or are they right because it does state in their T&Cs about the return fee. 

Thanks. 

If they have that in their T&C's, then they are correct in this.

Agreed, they are correct for a change of mind return.

However in this case the OP paid extra for Next Day Delivery. The only benefit this confers is next day delivery so it follows that time was of the essence.

OP get back to them and say that it is not a change of mind return but because the goods were not as described, i.e. they were not delivered next day so you are entitled to refund in full.

OP is getting a refund in full.

OP's issue is that '...they have offered to refund the item in full and refund the next day delivery charge, but are insisting I pay for the return postage.'

And that's what he OP is entitled to. It is a change of mind, as the OP went and purchased elsewhere. Also the goods were as described, it's just the delivery aspect that fell short, but as @Sandtree said, depends on the T&C's relating to what 'next day' actually is.

Hmmm not sure it was a change of mind in the true sense. The offer was guaranteed next Day Delivery you buy on the Monday you get it Tuesday. The only reason for the change of mind was because the item didn’t arrive in time. 

As said to @Sandtree there was no ambiguity in what that meant on the site or in the email.