Refunds

2woodward2

Hi everyone
I will keep this short but can add more details if required. I can't seem to find the exact answer to my question in the Forum.
I bought an item from George (Asda) and it arrived broken, so I contacted them and started a refund request. This has now gone through but they are only paying me for the item and not the delivery charge that they took. Is this correct.
Thank you in advance of any replies.

Woodstok2000

No, if an item is faulty you're entitled to a refund, including standard delivery charges, but no any extra you paid for e.g.next day delivery.

eskbanker

You're entitled to a refund of everything you paid (including the cost of returning goods), provided you make it clear that you're exercising your rights under the Consumer Rights Act 2015, as explained at:

https://www.legislation.gov.uk/ukpga/2015/15/section/20

Woodstok2000

Woodstok2000 said:

No, if an item is faulty you're entitled to a refund, including standard delivery charges, but no any extra you paid for e.g.next day delivery.

This is Asdas terms and conditions:

7.8 Delivery costs. In circumstances where we process a refund for an item(s) which is damaged, faulty or mis-described or parts are missing we will also refund you for the full delivery costs you incurred to receive and return the item(s) and you will not be charged when we re-deliver item(s) to you.

Okell

Woodstok2000 said:

No, if an item is faulty you're entitled to a refund, including standard delivery charges, but no any extra you paid for e.g.next day delivery.

I'm not sure the bit in bold is correct.

I think that if the consumer is entitled to a refund under the Consumer Rights Act 2015, then that refund will include whatever delivery charges the consumer has paid - including extra paid for eg next day delivery.

I think it's if the consumer exercises their right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 that they will not be refunded any "extra" delivery charges they had chosen to pay for expedited delivery.  See para 34(2).

2woodward2

Thank you so so much to everybody that took the time to reply. I didn't have any extra special delivery (eg next day delivery) just normal delivery charges. The item was obviously broken and I didn't even unpack it. It had no packaging around it other than a thin polythene mailer type bag. I will contact Asda tomorrow and quote the exercising my rights under the Consumer Rights Act 2015. Thank you all again.

SiliconChip

I'd reserve the CRA threat for now and just quote their own T&Cs, as given by @Woodstok2000