Online purchases: can I claim a refund for delivery cost?

simenontoo

Could somebody clarify the law on the right to reclaim delivery costs when you change your mind and return an online order, and whether this is legally a 'cancelled contract'?

For example: I buy an item online, decide to return it within 14 days for refund, seller accepts return and refunds the full cost of the goods but refuses to refund the delivery cost. Their argument is that this part of the contract was 'used' and cannot be cancelled, and that a no-fault return is not technically a 'cancelled contract' as defined by Regulations 34, Paragraph 2.

Encouraged by something I read here recently, I contacted 9 retailers who withheld delivery charges on returned orders in the past 2 years, citing Regulations 34, Paragraph 2. So far, 7 have apologised and refunded the charges. Since one has refused, I'm not clear who's right.

sheramber

Who is the retailer who has refused?

MyRealNameToo

simenontoo said:

Could somebody clarify the law on the right to reclaim delivery costs when you change your mind and return an online order, and whether this is legally a 'cancelled contract'?

For example: I buy an item online, decide to return it within 14 days for refund, seller accepts return and refunds the full cost of the goods but refuses to refund the delivery cost. Their argument is that this part of the contract was 'used' and cannot be cancelled, and that a no-fault return is not technically a 'cancelled contract' as defined by Regulations 34, Paragraph 2.

Encouraged by something I read here recently, I contacted 9 retailers who withheld delivery charges on returned orders in the past 2 years, citing Regulations 34, Paragraph 2. So far, 7 have apologised and refunded the charges. Since one has refused, I'm not clear who's right.

Assuming the retailer is in the UK and this is a consumer purchase then they must refund the basic original postage but dont have to refund any additional amount paid for a priority/expedited delivery. 

As long as they have followed the rules they can however make you responsible for the return costs, this can be done by having you pay for the postage yourself or by them providing postage but deducting the cost from the refund. 

simenontoo

sheramber said:

Who is the retailer who has refused?

All Blues Co, a clothing retailer in Leeds.

simenontoo

MyRealNameToo said:

simenontoo said:

Could somebody clarify the law on the right to reclaim delivery costs when you change your mind and return an online order, and whether this is legally a 'cancelled contract'?

For example: I buy an item online, decide to return it within 14 days for refund, seller accepts return and refunds the full cost of the goods but refuses to refund the delivery cost. Their argument is that this part of the contract was 'used' and cannot be cancelled, and that a no-fault return is not technically a 'cancelled contract' as defined by Regulations 34, Paragraph 2.

Encouraged by something I read here recently, I contacted 9 retailers who withheld delivery charges on returned orders in the past 2 years, citing Regulations 34, Paragraph 2. So far, 7 have apologised and refunded the charges. Since one has refused, I'm not clear who's right.

Assuming the retailer is in the UK and this is a consumer purchase then they must refund the basic original postage but dont have to refund any additional amount paid for a priority/expedited delivery. 

As long as they have followed the rules they can however make you responsible for the return costs, this can be done by having you pay for the postage yourself or by them providing postage but deducting the cost from the refund. 

They claim it is not a 'cancelled contract' therefore not defined in Regulations 34, Paragraph 2. 

MyRealNameToo

simenontoo said:

MyRealNameToo said:

simenontoo said:

Could somebody clarify the law on the right to reclaim delivery costs when you change your mind and return an online order, and whether this is legally a 'cancelled contract'?

For example: I buy an item online, decide to return it within 14 days for refund, seller accepts return and refunds the full cost of the goods but refuses to refund the delivery cost. Their argument is that this part of the contract was 'used' and cannot be cancelled, and that a no-fault return is not technically a 'cancelled contract' as defined by Regulations 34, Paragraph 2.

Encouraged by something I read here recently, I contacted 9 retailers who withheld delivery charges on returned orders in the past 2 years, citing Regulations 34, Paragraph 2. So far, 7 have apologised and refunded the charges. Since one has refused, I'm not clear who's right.

Assuming the retailer is in the UK and this is a consumer purchase then they must refund the basic original postage but dont have to refund any additional amount paid for a priority/expedited delivery. 

As long as they have followed the rules they can however make you responsible for the return costs, this can be done by having you pay for the postage yourself or by them providing postage but deducting the cost from the refund. 

They claim it is not a 'cancelled contract' therefore not defined in Regulations 34, Paragraph 2. 

They can claim whatever but CCR 29 gives the consumer the right to cancel and clause 30.3 states that right is up to 14 days after the delivery of the goods. The regs are clear that despite the vendor having fulfilled part of the contract there is still no liability for the customer unless there was expedited delivery and the cost of returning the goods (or excess handling). None of these remove the right to cancel but they do create a liability for cost. 

eskbanker

simenontoo said:

MyRealNameToo said:

simenontoo said:

Could somebody clarify the law on the right to reclaim delivery costs when you change your mind and return an online order, and whether this is legally a 'cancelled contract'?

For example: I buy an item online, decide to return it within 14 days for refund, seller accepts return and refunds the full cost of the goods but refuses to refund the delivery cost. Their argument is that this part of the contract was 'used' and cannot be cancelled, and that a no-fault return is not technically a 'cancelled contract' as defined by Regulations 34, Paragraph 2.

Encouraged by something I read here recently, I contacted 9 retailers who withheld delivery charges on returned orders in the past 2 years, citing Regulations 34, Paragraph 2. So far, 7 have apologised and refunded the charges. Since one has refused, I'm not clear who's right.

Assuming the retailer is in the UK and this is a consumer purchase then they must refund the basic original postage but dont have to refund any additional amount paid for a priority/expedited delivery. 

As long as they have followed the rules they can however make you responsible for the return costs, this can be done by having you pay for the postage yourself or by them providing postage but deducting the cost from the refund. 

They claim it is not a 'cancelled contract' therefore not defined in Regulations 34, Paragraph 2. 

The purchaser effectively has two choices when wishing to make a no-fault return:

1. Exercise statutory right to cancel, as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
2. Return under the retailer's published returns policy

The former entails refunding of (standard) delivery costs, but the latter doesn't necessarily, so it's always best to be clear in communications with the retailer that you're choosing option 1 rather than option 2.  That said, they can't deny your statutory rights, but it can make it more challenging if only trying to exercise them retrospectively.

simenontoo

My thanks to those who have already replied.

On my own experience, withholding delivery charges is standard practice for clothing retailers in the UK and some clearly state on their website that delivery costs are non-refundable. I think this needs more exposure.

the_lunatic_is_in_my_head

eskbanker said:

The purchaser effectively has two choices when wishing to make a no-fault return:

1. Exercise statutory right to cancel, as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
2. Return under the retailer's published returns policy

The former entails refunding of (standard) delivery costs, but the latter doesn't necessarily, so it's always best to be clear in communications with the retailer that you're choosing option 1 rather than option 2.  That said, they can't deny your statutory rights, but it can make it more challenging if only trying to exercise them retrospectively.

Looking at their site their "store policy" is shorter than the regs and require you to email to say you are returning which is what they advise you do if cancelling, with an option to download a form that doesn't appear to be link... 

OP they should refund, report it to Citizens Advice, not really worth small claims sadly, although you can if you wish.