Online purchases original delivery charge refunds

Mushybunny

Sorry if this topic  has been covered elsewhere.
i bought two dresses on 30th July online.
i paid by debit card.
The dresses have been returned and the company has notified me of my impending refund.But this  is minus my original delivery charge applied when buying the items
Having contacted them they are adamant that they are not legally obliged to refund this charge.
Citizens advice have suggested complaining to them and maybe going through ADR
Alternative Dispute Resolution.This all sounds a bit woolly to me, especially as all consumer sites including on Martins website say that the original delivery should be repaid. 

Other companies when I have pointed out their legal obligation have reimbursed, but this company is being quite stubborn.

It may seem silly over £3.99 but if it’s owed to consumers it should be paid in my opinion
if anyone has any advice I’d be grateful.

Phoenix72

What does their policy say about returns.

Unless the items were in some way faulty then there is no automatic right to a postage refund for a change of mind scenario.

swingaloo

Which company is it? Is it NEXT by any chance. I know they are now making a change with returns and charging for returns.

DullGreyGuy

Phoenix72 said:

Unless the items were in some way faulty then there is no automatic right to a postage refund for a change of mind scenario.

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

A consumer is entitled to reimbursement of the standard cost of delivery, if the consumer chose an enhanced form of delivery (eg 48 hours) then they are entitled to retain the differences between the two services. So if it was free P&P but the OP chose to pay £3.99 for express delivery then they can retain the full amount. 

What doesn't have to be free is the cost of returning the goods, as long as the seller has met the other requirements under the CCR they can make the customer cover the cost of return. 

CliveOfIndia

Why did you return the dresses?  If they were faulty, or not as described (different colour, a different size than what was ordered, etc.) then you should be entitled to a full refund.  But if you've just changed your mind, then you aren't automatically entitled to a refund.

Mushybunny

Thanks for the comments.
As DullGreyGuy says it’s the reimbursement of the standard cost of delivery that the company is refusing to refund.( Also thanks for this useful piece of legislation)
Their policy states that they do not refund delivery charges but I’ve always believed this is illegal and the legislation quoted here confirms this
The irony is they gave me a free returns label to return the goods, but as I understand it I wouldn’t have had a leg to stand on  if I was challenging this part as the cost of returning is on me not the company.
The company isn’t Next by the way.

screech_78

Did you inform them that you were cancelling under CCR’s prior to returning them? 

If not and you used their returns policy (such as free returns and returns label) you aren’t necessarily entitled to the original delivery costs back. This is a statutory right but you need to cancel under these rights. And under this method, you may be liable for any associated returns cost. 

Mushybunny

Yes I went through their returns portal and informed them when the items were posted back.

sheramber

Do a chargeback for the delivery costs.

screech_78

Mushybunny said:

Yes I went through their returns portal and informed them when the items were posted back.

Yes, but did you inform them you were cancelling the contract under Consumer Contract Regulations (CCR’s)? Some companies have a different procedure for letting them know you’re cancelling under your statutory rights. And in a lot of cases, you’re responsible for returns costs when cancelling under CCR’s. A retailer’s returns policy is completely separate. 

Would help to know who the retailer are though. 

Mushybunny

• Enter your order number and email address in the fields above and click Start
• Follow the instructions and select the items you want to return
• You will get a confirmation email with the shipping guidelines once the return request is approved

This was on their website and the instructions I followed.
Can I name the company here? It’s not against forum rules?