Online retailer charging 'admin fee' to refund returned goods

ShoeShopper2000

TELLIT01 said:

I realise the OP may consider it a point of principle but is spending time chasing a £2.50 refund, which the T&C clearly states will be charged if a refund is requested, really worth the time and effort?

I agree it is not, I really just wanted to know if it was legal. Thank you all for the advice, much appreciated.

ShoeShopper2000

Thank you everyone for your help

jon81uk

Okell said:

In order to benefit from your statutory right to cancel a distance contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have to clearly inform the retailer within 14 days of delivery that that is what you're doing.

If you do that then you are entitled to a full refund if they advertise that cancelled returns are "free".

However, if you haven't done that and you have simply returned the goods under their own returns policy, then you are caught by whatever the terms of that policy say - including admin fees.

But there's nothing to stop you arguing with them that you did in fact intend to cancel under the Regulations and you simply didn't express yourself clearly.  If you don't ask you can't get...

(Top tip:  when purchasing online etc always say you are cancelling under the above Regulations if you return the goods for a change of mind etc, unless you are satisfied that the traders own returns policy is more favourable to you.  eg a longer cancellation period or whatever)

Although if just cancelling under the legislation the purchaser needs to pay the postage costs to return the item to the retailer, which would be at least £3. So in this case the £2.50 charge is pretty much just the return postage.

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I'd suggest a complaint to the Advertising Standard Agency as the free returns banner is misleading as returns cost £2.50. 

Jenni_D

jon81uk said:

Okell said:

In order to benefit from your statutory right to cancel a distance contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have to clearly inform the retailer within 14 days of delivery that that is what you're doing.

If you do that then you are entitled to a full refund if they advertise that cancelled returns are "free".

However, if you haven't done that and you have simply returned the goods under their own returns policy, then you are caught by whatever the terms of that policy say - including admin fees.

But there's nothing to stop you arguing with them that you did in fact intend to cancel under the Regulations and you simply didn't express yourself clearly.  If you don't ask you can't get...

(Top tip:  when purchasing online etc always say you are cancelling under the above Regulations if you return the goods for a change of mind etc, unless you are satisfied that the traders own returns policy is more favourable to you.  eg a longer cancellation period or whatever)

Although if just cancelling under the legislation the purchaser needs to pay the postage costs to return the item to the retailer, which would be at least £3. So in this case the £2.50 charge is pretty much just the return postage.

Only if the seller's T&Cs cover this, such T&Cs being given by durable means (in an email is OK, a link in an email to a website is not) before the consumer becomes bound to the contract. If the T&Cs are silent on this matter then technically the return cost is the seller's to bear.

Enforcing this is a different matter though.