Retailer cancelled order & refunded, item arrived afterwards who pays to return item?

jwhy

I ordered an item online on 28.10.22 and was advised it would arrive by 15.11.22.  On 16.11.22 I emailed the retailer to advise the product had not arrived and asked for a delivery update.  Without requesting it the retailer automatically cancelled my order and refunded me in full on 21.11.22. When I queried why they had cancelled my order they informed me that the item had been lost during delivery and that I should place a subsequent order.  I re-ordered the item on 23.11.22.

On 30.11.22 I received both items, the original cancelled order and the second subsequent order, no one was at home so the courier signed for them in my absence, as I had left safe place instructions with the courier. 

As I had been refunded for the original order I emailed the retailer on 01.12.22 to confirm I had received the 'cancelled and refunded' item and asked what they would like me to do with it.  They responded to say: either pay for it (£80) via a bank transfer to them, or return it at my own cost.  For the past two days I have been in deadlock with the retailer as I want to return it but they insist it is their policy that I need to pay the return postage (It will cost between £9 and £15 to return depending on the service used).  It does state in their T&C's that returns should be paid for by the consumer, however, I am requesting that they make an exception to their policy as I received the cancelled goods through no fault of my own. 

What are my rights in this situation?  Do I agree to pay the return postage costs 'under protest', or can I insist that the retailer arranges to pay for the return postage within 30 days and if they don't then the item will be retained and utilised as I see fit?

For info, the delivery note does state a date of 01.11.22, which was well before they cancelled and refunded the order, the parcel has one address label on top of the other indicating that it possibly did go astray during delivery.

Thanks to advise.

user1977

Up to them to sort out collecting it from you. Where are you getting the 30 day period from? 

SiliconChip

Given that they've refunded you already you're in a strong position. They can either pay for the return, or they can sue you for the cost of the item, but I think they'd lose if they did try to sue. Just make sure you document your efforts to arrange the return, keeping all emails in case they should be needed in the future.

HampshireH

You did the right thing morally by advising them it had arrived after they cancelled and refunded you 

I've never known a company not either way keep it anyway or here is a postage label to return.

Personally I would write to them state you have advised them it's arrived and you are more than happy to return the item and indeed wish to,  on receipt of a postage label from them to do so,  but you won't be occuring costs for an order they cancelled and refunded. (Screenshot everything)

Most companies would pursue the courier for costs on lost items so it's only in their best interest to enable a return as the courier won't pay out if they have evidence of delivery.

Legally someone else will advise I'm sure.

diystarter7

Hi OP

We've had a problem like this with another.
We gave them a call rather than emails and it was straightforward and from what I've seen and read.

If item is relatively cheap depending on how bulky it is, they may say just keep it or they will pay for the return postage and may send you a prepaid sticker

TBH the time it happened it stressed me out but the phone call put my mid at rest - when we returned it we emailed them and asked them to email us if any problems and never heard from them again other thank thanking us for that email

jwhy

Thank you for your suggestion diystarter7. 

The retailer has stated my two options are to keep it and pay for it, or return at my own cost.

I also called the retailer early yesterday afternoon but ended up leaving a message for a call back as no one was available to discuss the matter.  Within minutes of the call ending I receive an email from the customer rep whom I have been liaising with stating that unfortunately they are unable to refund return postage costs.  I emailed back straight away to express my disappointment and request for my issue to be escalated to a manager who is empowered to make an exceptional decision but I’ve not heard anything further either via phone call or email and they are now closed until Monday.

user1977 thanks for your response too. Regarding the 30 day period I thought this was a reasonable length of time to expect them to arrange an uplift given the time of year and recent industrial action impacting mail services.

user1977

You don't need to do anything at the moment. Just wait for them to contact you about arrangements for them to collect it (or that allow you to return it at their cost).

TELLIT01

Absolutely no reason for the OP to pay for return of the item. T&Cs only apply when there is a contract between purchaser and vendor.   As the order was cancelled and a refund made there can be no claim from the vendor that there is any form of contract in place.  It is entirely their responsibility to arrange collection.

sammyjammy

Just document what you've done, keep the item safe somewhere for a while and see if they contact you again.  I wouldn't waste any more of my time on them.

Manxman_in_exile

TELLIT01 said:

Absolutely no reason for the OP to pay for return of the item. T&Cs only apply when there is a contract between purchaser and vendor.   As the order was cancelled and a refund made there can be no claim from the vendor that there is any form of contract in place.  It is entirely their responsibility to arrange collection.

I'm inclined to agree with that.

I think the retailer cancelled the order prematurely without satisfying themselves as to whether the item had actually been lost or had simply been delayed.

Hopefully the OP has some evidence of this...

jwhy said:

... Without requesting it the retailer automatically cancelled my order and refunded me in full on 21.11.22. When I queried why they had cancelled my order they informed me that the item had been lost during delivery and that I should place a subsequent order....

@jwhy - you need to emphasise to the seller that they cancelled the order of their own accord (you did not request it) and that returning the item is their responsibility.  Because they cancelled the order there are no T&Cs that apply because there is no contract.

Tell them you are happy for them to arrange collection or that you will send it back if they pay for the return.

You could also point out to them that this is an issue between them and their chosen courier who would appear to have let the original item go astray and then told the seller it had been lost when it hadn't been...

SergeantBaker

diystarter7 said:

Hi OP

We've had a problem like this with another.
We gave them a call rather than emails and it was straightforward and from what I've seen and read.

If item is relatively cheap depending on how bulky it is, they may say just keep it or they will pay for the return postage and may send you a prepaid sticker

TBH the time it happened it stressed me out but the phone call put my mid at rest - when we returned it we emailed them and asked them to email us if any problems and never heard from them again other thank thanking us for that email

£80 if you read the OP.