Refunding original postage?

busyonlineshopper

I'm not sure if I'm correct, and am hoping someone can help me please.  I thought I had read somewhere that if I've returned an online order, my original postage should be refunded to me.  I ordered an item of clothing online, and paid £7 postage (the only postage option).  I returned it via their free return service within 2 days as it didn't fit.  They have refunded the cost of the goods but not the postage.  I emailed to query this and they have stated that their Ts&Cs on the website state that the customer is responsible for the original delivery/shipping even if goods are returned.  Is this correct?  They are a UK based company & I'm in the UK.   Thank you.  

eskbanker

Their Ts & Cs can't override your statutory rights granted under section 34 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

busyonlineshopper

Thank you for replying.  That is what I thought.  Is it different though because I decided I'd like to refund (it didn't fit), vs cancelling the order?  I don't want to seem petty as I was prepared to pay the charge if it fit, but I do feel like it is a matter of principle really?  

Manxman_in_exile

Hmm.

Did you by any chance clearly tell the seller that you were exercising your statutory right to cancel the order under the regulations linked to by @eskbanker?  That is actually what you should have done even if you were just wanting a refund.

If you did cancel under the regulations then they must refund you the postage.  [See reg 34(2) in the link]

But if you didn't make it clear that you were cancelling under the regulations, you possibly leave it open to them to argue that you returned for a refund under their own policy, and under the terms of that policy they do not have to refund you the delivery charge.  (Whether that is actually the case here I don't know.  I'm just suggesting it as an example of what may have gone wrong)

I suggest you go back to them and clarify that what you were doing was cancelling under the Regulations and therefore you are entitled to a refund of the delivery charge.  Quote reg 34(2) to them.

busyonlineshopper

Manxman_in_exile said:

Hmm.

Did you by any chance clearly tell the seller that you were exercising your statutory right to cancel the order under the regulations linked to by @eskbanker?  That is actually what you should have done if you were just wanting a refund.

If you did cancel under the regulations then they must refund you the postage.  [See reg 34(2) in the link]

But if you didn't make it clear that you were cancelling under the regulations, you possibly leave it open to them to argue that you returned for a refund under their own policy, and under the terms of that policy they do not have to refund you the delivery charge.  (Whether that is actually the case here I don't know.  I'm just suggesting it as an example of what may have gone wrong)

I suggest you go back to them and clarify that what you were doing was cancelling under the Regulations and therefore you are entitled to a refund of the delivery charge.  Quote reg 34(2) to them.

This is what I was wondering. I think that it is automated on their website - ie, login, go to my account, select orders, and return, then select refund or exchange.  Hence it isn't an email stating why I was cancelling.  It was a high delivery charge, (£7), but I feel like I'm making a fuss, although it really does annoy me as so many places do this and it is wrong of them.   However, I will go back to them and clarify and will update here.  Thank you  

Manxman_in_exile

Sounds like they will argue that you didn't cancel under the regs then.  Go back to them and make it clear that you were cancelling under the regulations, but that their website didn't allow you to choose that as an option.

Regulation 32 explains how to exercise the right to cancel.  It's very useful to know:

"Exercise of the right to withdraw or cancel

32.—(1) ...

(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.

(3) To inform the trader under paragraph (2) the consumer may either—

(a)use a form following the model cancellation form in part B of Schedule 3, or

(b)make any other clear statement setting out the decision to cancel the contract.

(4) If the trader gives the consumer the option of filling in and submitting such a form or other statement on the trader’s website—

(a)the consumer need not use it, but

(b)if the consumer does, the trader must communicate to the consumer an acknowledgement of receipt of the cancellation on a durable medium without delay.

(5) Where the consumer informs the trader under paragraph (2) by sending a communication, the consumer is to be treated as having cancelled the contract in the cancellation period if the communication is sent before the end of the period.

(6) In case of dispute it is for the consumer to show that the contract was cancelled in the cancellation period in accordance with this regulation"

Remember that the cancellation period is up to 14 days after receipt of the goods, and you have up to a further 14 days to return the goods.

Unless a trader's own returns policy gives you a better deal than the regulations do, always make it clear you are cancelling under the regulations.

busyonlineshopper

I've emailed back as suggested above, and have received another reply referring me to their Ts&Cs which state that the customer pays for delivery for all orders and in case of a refund, the shipping will not be refunded.  I've asked them to confirm if they are a UK based company.  Perhaps they have moved/re assigned their base and that is how they can get around this?

Alderbank

You can easily check their status yourself at Companies House. Don't complicate things.

To be clear, you have now informed them within 14 days of receiving the goods that you are cancelling as per your rights under section 34 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013?

screech_78

Isn’t the customer responsible for the cost of the return if cancelling under CCR’s? In that case, OP may be no better off.

Happy to be corrected though. 

sheramber

Who is the company?

busyonlineshopper

It is Net A Porter.  Their footer says they are registered in London.  I seem to keep getting replies from different people in the customer services dept, so I've sent the original email again stating that I wish to cancel etc.  I think I don't want to lose sleep over this and create a huge issue.  I've actually had this situation with several companies over the last few months, and every other company has responded immediately to apologise and refund shipping.