Warning on Debenhams Returns

daviddee

Hi. 

I just wanted to put out a bit of warning about Debenhams returns policy.  Very minor issue,  but just a bit of advice. 

We recently ordered a gift for our granddaughter from Debenhams.  It arrived smashed., so we went straight to order details on the account and it had a link for returns to DBZ F&F which is the third party concession it came from and which Debenhams insist returns are made to. 

The returns link sent us to a portal that had the Royal Mail returns service. 

It asked for  order details,  reasons for return,  in which we chose “damaged on arrival” and they wanted an  RMA. We couldn’t find this number anywhere. So we emailed the DBZ F&F customer services and got no reply. 

So the next day we emailed Debenhams customer services direct to ask what this RMA number was. 

The  day after we sent the email to Debenhams we decided to see if the delivery tracking number could  be the RMA number and it turned out it was. So we generated a return label and booked a collection with royal  mail for the next day pick up. 

What we hadn’t noticed was on the same day we had it collected by Royal Mail.  Debenhams,  two days after we had email them,  replied that they wanted photographic proof of the damage.  But by then we’d returned it. 

I did email and explain that there was no request on the page where the returns link  for photographic proof and that we’d already sent it back before we saw their email , but they just say it’s on their main website  and we sent you a request for photographic proof. 

So we will be charging you returns postage. 
so while the money in question is only a small amount  just wanted to warn people take photographs of damaged goods if returning to Debenhams . As we have not had this problem with them in the past. 

the_lunatic_is_in_my_head

When they deduct the return fee from the refund do a chargeback with your card provider for the difference OP. 

Okell

You need to go back to them and explain that you are exercising your short term right to reject the item under the Consumer Rights Act 2015.

s20(8) of that legislation says:

"(8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them"  Consumer Rights Act 2015

If the goods were damaged when you received them Debenhams have to pay for the return.  Anything to the contrary on their website is unenforceable against you as a consumer

eskbanker

Isn't it possible that OP finds their ability to enforce these rights compromised by the lack of proof of damage?  In other words, if OP says that the item was damaged but Debenhams dispute this and claim that they were just refunding on the basis of a 'change of mind' return (with postage thus being chargeable), then it wouldn't be clear cut as far as chargeback or court are concerned?

screech_78

The problem the OP has here is that he’s returned the item under Debenhams returns policy which is for change of mind returns. 

For faulty items, of course they’re responsible for the returns postage but you need to make them aware of this prior to returning as you run the risk of sending it back under their normal returns policy and they accuse you of damage. 

Largs

Many thanks for this information.  A timely reminder to me not to shop with Debenhams aka BOOHOO

Okell

eskbanker said:

Isn't it possible that OP finds their ability to enforce these rights compromised by the lack of proof of damage?  In other words, if OP says that the item was damaged but Debenhams dispute this and claim that they were just refunding on the basis of a 'change of mind' return (with postage thus being chargeable), then it wouldn't be clear cut as far as chargeback or court are concerned?

Doesn't the reverse burden of proof apply here?

Debenham's need to "prove" it wasn't damaged.  The OP needs prove nothing.

screech_78 said:

The problem the OP has here is that he’s returned the item under Debenhams returns policy which is for change of mind returns. 

For faulty items, of course they’re responsible for the returns postage but you need to make them aware of this prior to returning as you run the risk of sending it back under their normal returns policy and they accuse you of damage. 

Possibly... that's why I suggest the OP clarifies the position with Debenhams and informs them that they are exercising the short term right to reject.  So long as the OP does that within 30 days I see no problem.

eskbanker

Okell said:

eskbanker said:

Isn't it possible that OP finds their ability to enforce these rights compromised by the lack of proof of damage?  In other words, if OP says that the item was damaged but Debenhams dispute this and claim that they were just refunding on the basis of a 'change of mind' return (with postage thus being chargeable), then it wouldn't be clear cut as far as chargeback or court are concerned?

Doesn't the reverse burden of proof apply here?

Debenham's need to "prove" it wasn't damaged.  The OP needs prove nothing.

My understanding is that if goods are non-conformant, the burden of proof is on the retailer to demonstrate that this wasn't the case at the time of sale, as it will otherwise be assumed to have been so for the first six months.

However, if there's a need to demonstrate that the goods are non-conformant in the first place, surely that's a different scenario where it's up to the purchaser to be able to show that?

daviddee

Yes I get the part that I can’t prove it was damaged and they might think I was just returning it as unwanted. Which in my case definitely wasn’t the case as we reordered it straight away from another retailer,
but my complaint is that when I accessed the order details  in my Debenhams account in order to make a return, it provides a link for this direct to the  return portal of the concession. that  has nothing on it asking for photographic proof. It just asks you to chose an option on the Royal Mail page.  If Debenhams want you to read and adhere to their their returns policy it should,  in my view,   direct you with a link  to “their” returns policy on damaged goods,  before then directing you to the third party returns portal. 

As I said it’s a few pounds, not  worth stressing over I just wanted to warn people to be aware. 

daviddee

Thank you all for you comments. . Interesting answers. 

the_lunatic_is_in_my_head

eskbanker said:

Okell said:

eskbanker said:

Isn't it possible that OP finds their ability to enforce these rights compromised by the lack of proof of damage?  In other words, if OP says that the item was damaged but Debenhams dispute this and claim that they were just refunding on the basis of a 'change of mind' return (with postage thus being chargeable), then it wouldn't be clear cut as far as chargeback or court are concerned?

Doesn't the reverse burden of proof apply here?

Debenham's need to "prove" it wasn't damaged.  The OP needs prove nothing.

My understanding is that if goods are non-conformant, the burden of proof is on the retailer to demonstrate that this wasn't the case at the time of sale, as it will otherwise be assumed to have been so for the first six months.

However, if there's a need to demonstrate that the goods are non-conformant in the first place, surely that's a different scenario where it's up to the purchaser to be able to show that?

Regs simply say 

goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day. 

So no I don’t think there is any requirement to prove in the first instance.

This reverse burden of proof doesn’t apply to short term right to reject but Debenhams can’t simply not inspect the item to confirm and tell the customer tough luck.

They may prefer the customer provides photos to save the cost of return but I can’t see a consumer is going to be penalised for not doing this and instead returning the goods.

Heck it’s £1.99, not like OP spent £100 returning a fridge and is now demanding the money