Refunding original postage?

Manxman_in_exile

screech_78 said:

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. 

AIUI the OP isn't wanting the return costs refunded.  They want the "original postage" - and by that I assume the delivery cost they were charged for the original delivery to them - refunded.  And that should be refunded under the CCRs

busyonlineshopper

It was free returns, so does the PP mean that they may say that they will refund the shipping, but charge for the return, so will end up the same?

HillStreetBlues

busyonlineshopper said:

It was free returns, so does the PP mean that they may say that they will refund the shipping, but charge for the return, so will end up the same?

It's an interesting question.

You are entitled to the delivery to you refund and you should pay for the return.

But can they deduct the cost of using a prepaid label, if using it for a return?

I don't think it's  written anywhere that they do have that right, but also that they don't

born_again

From their returns FAQ
Please note that refunds can take up to 10 working days to show on your account due to varying processing times between payment providers. Your shipping costs will be excluded unless the item is faulty or canceled under the ICACRs.

https://www.net-a-porter.com/en-gb/content/help/exchanges-and-returns/

Your rights

You have certain rights under the law. In England these include:

• That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
• Certain remedies if a product is defective; and
• A right to cancel any order for a product within 14 days after the date of receipt of the product, and receive a full refund even if it is not defective (see Cancelling your order above).

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

Governing law and Dispute Resolution

Without prejudice to the application of the mandatory consumer protection provisions, the TOS are governed by Italian law and in particular by the Consumer Code and by Italian legislative decree no. 70 of 9 April 2003. In the event of a dispute between NET‑A‑PORTER and you arising from the TOS, you and we both agree that the courts of Milan will have exclusive jurisdiction. Please note that the European Commission also provides a platform for alternative out-of-court resolution of disputes, available on the

MalMonroe

Hi, if there's nothing wrong with an item then the retailer can ask you to pay return postage. But they must have told you about it in advance -

Details in this link - 

https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought/#:~:text=You may have to pay,to refund your postage costs.

Which says "You may have to pay the cost of posting something back to the seller. The seller should have told you who has to pay for this when you bought the item. For example, it could have been in the terms and conditions. If they didn’t tell you, they will have to refund your postage costs."

If an item is faulty then the retailer has to pay for returns, especially when it's an online sale.

born_again

MalMonroe said:

Hi, if there's nothing wrong with an item then the retailer can ask you to pay return postage. But they must have told you about it in advance -

Details in this link - 

https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought/#:~:text=You may have to pay,to refund your postage costs.

Which says "You may have to pay the cost of posting something back to the seller. The seller should have told you who has to pay for this when you bought the item. For example, it could have been in the terms and conditions. If they didn’t tell you, they will have to refund your postage costs."

If an item is faulty then the retailer has to pay for returns, especially when it's an online sale.

This has NOTHING to do with return postage...

As they have FREE RETURNS PROCESS which the OP clearly states they used. It is about the original postage costs. 🤷‍♀️👍

powerful_Rogue

MalMonroe said:

Hi, if there's nothing wrong with an item then the retailer can ask you to pay return postage. But they must have told you about it in advance -

Details in this link - 

https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought/#:~:text=You may have to pay,to refund your postage costs.

Which says "You may have to pay the cost of posting something back to the seller. The seller should have told you who has to pay for this when you bought the item. For example, it could have been in the terms and conditions. If they didn’t tell you, they will have to refund your postage costs."

If an item is faulty then the retailer has to pay for returns, especially when it's an online sale.

Have you read the original post or even the thread title?

This is about the original postage, not the return postage that was free.

Manxman_in_exile

born_again said:

From their returns FAQ
Please note that refunds can take up to 10 working days to show on your account due to varying processing times between payment providers. Your shipping costs will be excluded unless the item is faulty or canceled under the ICACRs.

https://www.net-a-porter.com/en-gb/content/help/exchanges-and-returns/

Your rights

You have certain rights under the law. In England these include:

• That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
• Certain remedies if a product is defective; and
• A right to cancel any order for a product within 14 days after the date of receipt of the product, and receive a full refund even if it is not defective (see Cancelling your order above).

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

Governing law and Dispute Resolution

Without prejudice to the application of the mandatory consumer protection provisions, the TOS are governed by Italian law and in particular by the Consumer Code and by Italian legislative decree no. 70 of 9 April 2003. In the event of a dispute between NET‑A‑PORTER and you arising from the TOS, you and we both agree that the courts of Milan will have exclusive jurisdiction. Please note that the European Commission also provides a platform for alternative out-of-court resolution of disputes, available on the

So although it says the contract is governed by Italian law, it also expressly says: "You have certain rights under the law.  In England these include: ... A right to cancel etc...  Nothing in the TOS is intended to affect these rights."  [My bold]. Therefore I presume this transaction must still be subject to the CCRs.

So, assuming the OP has cancelled in accordance with the CCRs, she's still entitled under reg 34(2) to a refund of the original delivery charge.  Whether the return is free or the consumer has to pay does not affect that.

(I note the third bullet point quoted by born_again finishes "(see Cancelling your order above)" but I can't find a "Cancelling your order" above)

screech_78

Manxman_in_exile said:

screech_78 said:

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. 

AIUI the OP isn't wanting the return costs refunded.  They want the "original postage" - and by that I assume the delivery cost they were charged for the original delivery to them - refunded.  And that should be refunded under the CCRs

Yes, I understand that. But if the customer is responsible for the cost of returning the goods if cancelling under CCR’s, they wouldn’t be any better off even if the original postage is refunded. 

You absolutely should be refund the cost of basic postage if returning your entire order, but actually getting them to comply could be a different story. 

screech_78

busyonlineshopper said:

It was free returns, so does the PP mean that they may say that they will refund the shipping, but charge for the return, so will end up the same?

yes, that’s what I mean. If returning under their own returns policy, the returns are free. However if cancelling under CCR’s, the customer is usually to bear the cost of returns. 

It’s poor service but I don’t know how far you’ll get with this. As you’re not going to go down the small claims route for the sake of £7.