Online purchases original delivery charge refunds

the_lunatic_is_in_my_head

Hello OP

Yes no problem to name them  

Okell

Mushybunny said:

• 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?

Yes you can name the company - it would help.

Assuming you didn't return the goods because they were faulty in some way and that you actually returned them because you "changed your mind", then what you are entitled to depends on how you informed the seller that you were returning them.

If you informed the seller within 14 days of delivery that you were exercising your statutory right to cancel the contract under para 29 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk), then you would be entitled to a full refund of the purchase price plus whatever is "... the least expensive common and generally acceptable kind of delivery offered by the trader."  If you paid extra for some kind of special or expedited delivery you are not entitled to whatever extra amount that you paid.  (This is in para 34 of the above regulations.)

If, however, you simply returned the goods to the retailer under their own returns scheme and did not tell them that you were cancelling the contract under the above linked regulations, then what you are entitled to is whatever the T&Cs of the seller's returns policy says you are entitled to.

So we need to check what the trader's T&Cs say which is why you need to tell us who they are.

And did you inform them that you were cancelling under the regs linked to above?

the_lunatic_is_in_my_head

Okell said:

If you informed the seller within 14 days of delivery that you were exercising your statutory right to cancel

Worth noting OP may have more than 14 days to do such  

Okell

the_lunatic_is_in_my_head said:

Okell said:

If you informed the seller within 14 days of delivery that you were exercising your statutory right to cancel

Worth noting OP may have more than 14 days to do such  

Let's walk before we run...

DullGreyGuy

Mushybunny said:

Can I name the company here? It’s not against forum rules?

There are no forum rules against naming companies... just rules against telling people to boycott certain companies 

From what has been said it does seem as if you should be entitled to the original delivery costs back, there is a slight blur because the mechanism of return doesn't give the facility to say if you are returning under their return policy or returning under your statutory rights. Some companies do offer more generous schemes (eg 28 days rather than 14) and so there can be reasons why someone would want to. When did you actually notify them of the return relative to the date of delivery?

Just to double check, given they gave you a label for the return... have you double checked that the monies being withheld isn't actually for the cost of the "free" label and its just coincidental that the outward and return costs are the same? Certainly some do give a label but deduct the cost of label from the refund which can appear as if they aren't refunding the initial P&P

the_lunatic_is_in_my_head

DullGreyGuy said:

Mushybunny said:

Can I name the company here? It’s not against forum rules?

 there is a slight blur because the mechanism of return doesn't give the facility to say if you are returning under their return policy or returning under your statutory rights. 

They should provide the customer with a model cancellation form, which to be fair they may have done, it's just most people understandably go to the website and follow the returns info which is often the policy rather than the right to cancel. 

Would be handy to see who it is. 

DullGreyGuy said:

Just to double check, given they gave you a label for the return... have you double checked that the monies being withheld isn't actually for the cost of the "free" label and its just coincidental that the outward and return costs are the same? Certainly some do give a label but deduct the cost of label from the refund which can appear as if they aren't refunding the initial P&P

One way or the other if the return was "free" to OP but the company correctly says the customer must bear the cost of return in the event of cancellation technically it's around £80p to £1.20 at most out (2nd class small parcel is £3.19, I think you can get the drop off couriers for around £2.79). 

Mushybunny

Again thanks  everyone for your input the company is called

You Know Who’s     (yes really that’s the name)

the_lunatic_is_in_my_head

Might be missing it, but I don't see anything on there about the right to cancel, I think you are probably due the £3.99 OP but getting it will be a bit of a battle. 

Okell said:

Let's walk before we run...

Start running 

DullGreyGuy

the_lunatic_is_in_my_head said:

DullGreyGuy said:

Just to double check, given they gave you a label for the return... have you double checked that the monies being withheld isn't actually for the cost of the "free" label and its just coincidental that the outward and return costs are the same? Certainly some do give a label but deduct the cost of label from the refund which can appear as if they aren't refunding the initial P&P

One way or the other if the return was "free" to OP but the company correctly says the customer must bear the cost of return in the event of cancellation technically it's around £80p to £1.20 at most out (2nd class small parcel is £3.19, I think you can get the drop off couriers for around £2.79). 

£3.19 with a £20 cap on compensation for lost goods. We dont know the value of the returned items but if it was £50 as a relatively modest value still then your drop off courier goes from £2.69 to £4.24.

Given the law for expedited delivery is based on what the customer is charged rather than the actual cost to the retailer it doesn't seem a giant leap that the retailer could have a flat return fee of £3.99 which is going to be slightly high for anyone sending anything under £20 to about right for under £50 and very cheap for over £50

It is however a moot point because their website clearly states that the returns are free and it is the original delivery charge they are not refunding. They also state sales goods are non-returnable so shows their level of understanding of the law.

Its technically wrong and the OP is entitled to the refund... for the sake of £3.99 and the fact the return was free when it legally doesn't have to be I'd personally probably accept I've paid for one direction even if its the wrong direction. 

the_lunatic_is_in_my_head

DullGreyGuy said:

£3.19 with a £20 cap on compensation for lost goods. We dont know the value of the returned items but if it was £50 as a relatively modest value still then your drop off courier goes from £2.69 to £4.24.

Yes indeed Tracked 48 is £3.39 with £150 compo and the retailer should refund within 14 days of receiving evidence of the goods having been sent back but of course better to pay the extra for cover to save all the headache despite the technicalities (including the whole debate on parcel cover!).