Wilkos breaking the law

HillStreetBlues

Went into Wilkos to return a on-line (whole) order.
I told them to remember to refund the postage charge.  They said they don't do that. I explained that under the Consumer Contracts Regulations they legally have to.
The person then said Head Office has told them not to refund any postage charges. I could see there was no point in continuing the conversation.
The refund came though today without the postage charges, so have opened a Paypal dispute.
I will get the postage refunded, but wonder how much money Wilkos have kept that legally isn't theirs?

Aylesbury_Duck

HillStreetBlues said:

Went into Wilkos to return a on-line (whole) order.
I told them to remember to refund the postage charge.  They said they don't do that. I explained that under the Consumer Contracts Regulations they legally have to.
The person then said Head Office has told them not to refund any postage charges. I could see there was no point in continuing the conversation.
The refund came though today without the postage charges, so have opened a Paypal dispute.
I will get the postage refunded, but wonder how much money Wilkos have kept that legally isn't theirs?

Was this a change of mind return, or a faulty product?

photome

HillStreetBlues said:

Went into Wilkos to return a on-line (whole) order.
I told them to remember to refund the postage charge.  They said they don't do that. I explained that under the Consumer Contracts Regulations they legally have to.
The person then said Head Office has told them not to refund any postage charges. I could see there was no point in continuing the conversation.
The refund came though today without the postage charges, so have opened a Paypal dispute.
I will get the postage refunded, but wonder how much money Wilkos have kept that legally isn't theirs?

why do you think the postage should be refunded, assuming this is a change of mind return

shiraz99

photome said:

HillStreetBlues said:

Went into Wilkos to return a on-line (whole) order.
I told them to remember to refund the postage charge.  They said they don't do that. I explained that under the Consumer Contracts Regulations they legally have to.
The person then said Head Office has told them not to refund any postage charges. I could see there was no point in continuing the conversation.
The refund came though today without the postage charges, so have opened a Paypal dispute.
I will get the postage refunded, but wonder how much money Wilkos have kept that legally isn't theirs?

why do you think the postage should be refunded, assuming this is a change of mind return

Because the CCRs entitle him to have it refunded, due to it being a distance sale.

p00hsticks

HillStreetBlues said:

Went into Wilkos to return a on-line (whole) order.
I told them to remember to refund the postage charge.  They said they don't do that. I explained that under the Consumer Contracts Regulations they legally have to.
The person then said Head Office has told them not to refund any postage charges. I could see there was no point in continuing the conversation.
The refund came though today without the postage charges, so have opened a Paypal dispute.
I will get the postage refunded, but wonder how much money Wilkos have kept that legally isn't theirs?

As others have said, providing that retailers let customers know that they will be responsible for return postage for change of mind returns, they are only obliged to refund postage for online orders if the product is faulty.

And Wilko's do appear to let you know on their website here (my bold italics)

https://www.wilko.com/en-uk/help#/returns-refunds/return-item 

For home delivery orders, or if you are unable to return your purchase back to store, we'll arrange with our delivery partner to collect the products from you. Once your item has been picked up and our delivery partner lets us know they have them, we will action your refund back to the card you used to make that purchase. If your order is damaged or faulty, we will refund the delivery charge too.

Manxman_in_exile

I may be mistaken, but does it matter whether it's a change of mind or a faulty product? 

For a change of mind refund, so long as the consumer didn't choose a method of delivery costing more than the least expensive "usual" mode of delivery offered by the trader, isn't the consumer entitled to a refund of all amounts paid including delivery costs?

I think it's expressed really poorly, but isn't it in s34(2) here?  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

And if the goods are faulty the consumer can recover all amounts including delivery costs?

And looking at Wilkos returns policy, it appears to allow online purchases to be returned instore.  (I think?)

shiraz99

p00hsticks said:

HillStreetBlues said:

Went into Wilkos to return a on-line (whole) order.
I told them to remember to refund the postage charge.  They said they don't do that. I explained that under the Consumer Contracts Regulations they legally have to.
The person then said Head Office has told them not to refund any postage charges. I could see there was no point in continuing the conversation.
The refund came though today without the postage charges, so have opened a Paypal dispute.
I will get the postage refunded, but wonder how much money Wilkos have kept that legally isn't theirs?

As others have said, providing that retailers let customers know that they will be responsible for return postage for change of mind returns, they are only obliged to refund postage for online orders if the product is faulty.

And Wilko's do appear to let you know on their website here (my bold italics)

https://www.wilko.com/en-uk/help#/returns-refunds/return-item 

For home delivery orders, or if you are unable to return your purchase back to store, we'll arrange with our delivery partner to collect the products from you. Once your item has been picked up and our delivery partner lets us know they have them, we will action your refund back to the card you used to make that purchase. If your order is damaged or faulty, we will refund the delivery charge too.

Under the terms of the CCRs the OP is entitled to a full refund including any initial delivery charge. You're confusing this with the return postage costs.

deanos

It was returned in the store , so return postage charges don't apply 

Manxman_in_exile

p00hsticks said:

HillStreetBlues said:

Went into Wilkos to return a on-line (whole) order.
I told them to remember to refund the postage charge.  They said they don't do that. I explained that under the Consumer Contracts Regulations they legally have to.
The person then said Head Office has told them not to refund any postage charges. I could see there was no point in continuing the conversation.
The refund came though today without the postage charges, so have opened a Paypal dispute.
I will get the postage refunded, but wonder how much money Wilkos have kept that legally isn't theirs?

As others have said, providing that retailers let customers know that they will be responsible for return postage for change of mind returns, they are only obliged to refund postage for online orders if the product is faulty.

And Wilko's do appear to let you know on their website here (my bold italics)

https://www.wilko.com/en-uk/help#/returns-refunds/return-item 

For home delivery orders, or if you are unable to return your purchase back to store, we'll arrange with our delivery partner to collect the products from you. Once your item has been picked up and our delivery partner lets us know they have them, we will action your refund back to the card you used to make that purchase. If your order is damaged or faulty, we will refund the delivery charge too.

But the OP isn't wanting a refund of the return delivery costs - they've returned it instore at no cost.

What the OP wants is a refund of the original delivery costs to him.

Or at least that's what I understand they've posted.

(NB - elsewhere in their T&Cs Wilkos say returns are free anyway... )

screech_78

You’re correct that if cancelling under the CCR’s then you’re entitled to the original (basic) postage fee refunded. However, did you advise them in writing that you were cancelling under the CCR’s? If not, then you’re bound by their return policy which is in addition to your statutory rights. 

Many a time, if you cancel under CCR’s, you would then be liable for the returns costs and I doubt returning the items to store would fall under this. 

Alderbank

Wilko offer a few options such as 'pick a day delivery' which carry an extra charge
They only have to refund their standard charge, but as others say they must refund that.