Original postage not refunded when I returned an online order - what are my rights?

Jessie8787

I recently returned an online order. In order to return the order I had to complete the companies return form for each item. As I was returning the whole order and didn't have 4 of the return forms I emailed the company instead to explain that I wanted to return the items as a change of mind return.

I paid for the return postage and the company then refunded me for the items minus the original postage (£6). I chose the cheapest form of postage available and was expecting the original postage costs (£6) to be returned.

I have contacted the company and explained that under section 34 I should have received my original postage costs back. They have replied quoting me a passage from their returns policy saying that the delivery charge will be returned if my order is cancelled under the Consumer Contracts Regulation.

'Your delivery charge will be refunded in some circumstances, for example if your entire order was faulty or incorrect, or if your order has been cancelled under the Consumer Contracts Regulations.'

When I emailed them originally to return the items thats what I thought I was doing - cancelling my order. However I didn't use those exact words - I instead said it was a change of mind return.

Part of me feels like giving up the fight (its only £6), but I feel like I am right in principle. 

As I didnt explicitly ask to cancel my order under the consumer rights regulation, and simply stated it was a change of mind return, who is right here?

Exodi

Jessie8787 said:

Part of me feels like giving up the fight (its only £6), but I feel like I am right in principle. 

While many on this forum would happily devote many hours/days/weeks/months/years on self-defeating battles of principle over a few pounds, I personally think life's too short for such trivialities. Of course what is trivial is personal.

My sister works in a supermarket and she's lost count of the amount of people who will get a bus back to the store to challenge the fact a price of beans scanned 5 pence more than it should have - oftentimes under the guise of 'it's the principle' (though they will absolutely not be leaving the store until that 5 pence coin is in their hand). If it was truly principle then you'd think a 'thanks for notifying us about that, we'll get it changed right away' would be acceptable.

FWIW, I believe you are correct.

Ergates

Jessie8787 said:

I recently returned an online order. In order to return the order I had to complete the companies return form for each item. As I was returning the whole order and didn't have 4 of the return forms I emailed the company instead to explain that I wanted to return the items as a change of mind return.

I paid for the return postage and the company then refunded me for the items minus the original postage (£6). I chose the cheapest form of postage available and was expecting the original postage costs (£6) to be returned.

I have contacted the company and explained that under section 34 I should have received my original postage costs back. They have replied quoting me a passage from their returns policy saying that the delivery charge will be returned if my order is cancelled under the Consumer Contracts Regulation.

'Your delivery charge will be refunded in some circumstances, for example if your entire order was faulty or incorrect, or if your order has been cancelled under the Consumer Contracts Regulations.'

When I emailed them originally to return the items thats what I thought I was doing - cancelling my order. However I didn't use those exact words - I instead said it was a change of mind return.

Part of me feels like giving up the fight (its only £6), but I feel like I am right in principle. 

As I didnt explicitly ask to cancel my order under the consumer rights regulation, and simply stated it was a change of mind return, who is right here?

You are correct, and this isn't a game, so they can't say "Ah, but you didn't say 'Simon says' so you don't get your postage back".  It was obvious you were returning the items under CCR.

It's maybe worth an email to them pointing this out, but beyond that, really consider how much of your own time you're willing to spend for £6.

Okell

Ergates said:

Jessie8787 said:

I recently returned an online order. In order to return the order I had to complete the companies return form for each item. As I was returning the whole order and didn't have 4 of the return forms I emailed the company instead to explain that I wanted to return the items as a change of mind return.

I paid for the return postage and the company then refunded me for the items minus the original postage (£6). I chose the cheapest form of postage available and was expecting the original postage costs (£6) to be returned.

I have contacted the company and explained that under section 34 I should have received my original postage costs back. They have replied quoting me a passage from their returns policy saying that the delivery charge will be returned if my order is cancelled under the Consumer Contracts Regulation.

'Your delivery charge will be refunded in some circumstances, for example if your entire order was faulty or incorrect, or if your order has been cancelled under the Consumer Contracts Regulations.'

When I emailed them originally to return the items thats what I thought I was doing - cancelling my order. However I didn't use those exact words - I instead said it was a change of mind return.

Part of me feels like giving up the fight (its only £6), but I feel like I am right in principle. 

As I didnt explicitly ask to cancel my order under the consumer rights regulation, and simply stated it was a change of mind return, who is right here?

You are correct, and this isn't a game, so they can't say "Ah, but you didn't say 'Simon says' so you don't get your postage back".  It was obvious you were returning the items under CCR...

You're right it isn't a game and it's not "Simon says", but isn't the problem what "the Regulations say"?

Paragraph 32(2) and (3):

"...(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.

(3) To inform the trader under paragraph (2) the consumer may either—

(a)use a form following the model cancellation form in part B of Schedule 3, or

(b)make any other clear statement setting out the decision to cancel the contract"  [my bold for emphasis]

If all the OP said was that they were "changing their mind", then I'm not surprised that the seller is arguing that the OP didn't clearly inform them that they were cancelling the contract.  You might think it's obvious but it's also obvious to me that it leaves the seller with a "get out of jail Card".  (It might not be fair but the wording of the regs seems clear).

This is why I always advise people wanting to take advantage of their statutory right to cancel (as opposed to using the seller's own returns policy - unless that policy is more advantageous to the consumer) always need to make it clear that they are cancelling the contract

Ergates said:

Jessie8787 said:

I recently returned an online order. In order to return the order I had to complete the companies return form for each item. As I was returning the whole order and didn't have 4 of the return forms I emailed the company instead to explain that I wanted to return the items as a change of mind return.

I paid for the return postage and the company then refunded me for the items minus the original postage (£6). I chose the cheapest form of postage available and was expecting the original postage costs (£6) to be returned.

I have contacted the company and explained that under section 34 I should have received my original postage costs back. They have replied quoting me a passage from their returns policy saying that the delivery charge will be returned if my order is cancelled under the Consumer Contracts Regulation.

'Your delivery charge will be refunded in some circumstances, for example if your entire order was faulty or incorrect, or if your order has been cancelled under the Consumer Contracts Regulations.'

When I emailed them originally to return the items thats what I thought I was doing - cancelling my order. However I didn't use those exact words - I instead said it was a change of mind return.

Part of me feels like giving up the fight (its only £6), but I feel like I am right in principle. 

As I didnt explicitly ask to cancel my order under the consumer rights regulation, and simply stated it was a change of mind return, who is right here?

...It's maybe worth an email to them pointing this out, but beyond that, really consider how much of your own time you're willing to spend for £6.

Having said all that, I'd agree that it would be worth trying to persuade the seller that the OP was cancelling, but it sounds to me like the seller knows the wording of the regs so I wouldn't waste much time on it.

Of course the OP may still be within 14 days to cancel...

And even if outside 14 days the seller's T&Cs may not be compliant with the regs...

savergrant

'In order to return the order I had to complete the companies return form for each item. As I was returning the whole order and didn't have 4 of the return forms I emailed the company instead to explain that I wanted to return the items as a change of mind return'

Are you saying you would have given a different reason if you had four forms?
Was any part of the order faulty or not as described?
If it's simply that you had second thoughts then it's unreasonable to expect the seller to be out of pocket for postage on top of the inconvenience of dispatching the item, not having it available for sale, unpacking it again and checking it back in to stock afterwards .

ThumbRemote

savergrant said:

'In order to return the order I had to complete the companies return form for each item. As I was returning the whole order and didn't have 4 of the return forms I emailed the company instead to explain that I wanted to return the items as a change of mind return'

Are you saying you would have given a different reason if you had four forms?
Was any part of the order faulty or not as described?
If it's simply that you had second thoughts then it's unreasonable to expect the seller to be out of pocket for postage on top of the inconvenience of dispatching the item, not having it available for sale, unpacking it again and checking it back in to stock afterwards .

It's not unreasonable at all, it's the law. If a retailer wants to sell at a distance, so people cannot see the goods until they arrive, this is considered part of their costs. 

Just like bricks and mortar stores have the inconvenience of operating showrooms, keeping shelves filled and allowing access to the public. 

Okell

ThumbRemote said:

savergrant said:

'In order to return the order I had to complete the companies return form for each item. As I was returning the whole order and didn't have 4 of the return forms I emailed the company instead to explain that I wanted to return the items as a change of mind return'

Are you saying you would have given a different reason if you had four forms?
Was any part of the order faulty or not as described?
If it's simply that you had second thoughts then it's unreasonable to expect the seller to be out of pocket for postage on top of the inconvenience of dispatching the item, not having it available for sale, unpacking it again and checking it back in to stock afterwards .

It's not unreasonable at all, it's the law. If a retailer wants to sell at a distance, so people cannot see the goods until they arrive, this is considered part of their costs. 

Just like bricks and mortar stores have the inconvenience of operating showrooms, keeping shelves filled and allowing access to the public. 

I agree.  It's like retailers want all the pros of online sales but none of the cons.

sheramber

savergrant said:

'In order to return the order I had to complete the companies return form for each item. As I was returning the whole order and didn't have 4 of the return forms I emailed the company instead to explain that I wanted to return the items as a change of mind return'

Are you saying you would have given a different reason if you had four forms?
Was any part of the order faulty or not as described?
If it's simply that you had second thoughts then it's unreasonable to expect the seller to be out of pocket for postage on top of the inconvenience of dispatching the item, not having it available for sale, unpacking it again and checking it back in to stock afterwards .

That all becomes part of the cost of the item.