Delivery charge when sent wrong product

Nelehyeli

I wonder if anyone can support me with and legislation?
I bought a product online from boots and paid for delivery. When the delivery arrived they had sent me the wrong item. I sent them an email to inform them and their response was I would have to post the item back or return to store. I ordered delivery to avoid going into town for collecting/ posting. They are now telling me when I return the item they cannot refund the delivery charge. Does anyone else have experience with this? Thank you

DullGreyGuy

You need to make it clear that you are returning it under the Consumer Rights Act as a wrong item, not a change of mind return under the Consumer Contracts Regulations. The later can allow the customer to cover one direction of travel but the former requires the merchant to cover both directions.

Nelehyeli

Do you know which section of the act covers this? Tia

eskbanker

Nelehyeli said:

Do you know which section of the act covers this? Tia

CRA section 20, subsection 8:

Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

the_lunatic_is_in_my_head

Hello OP, it's:

https://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

They've probably carelessly misunderstood wrong product to be change of mind, perhaps advising them that the product you received is different to what was ordered might make it clearer for them