Superdry online returns period dispute

The_Boss

Good afternoon,

On 14 January I ordered a coat from Superdry online, which arrived (after delivery delays) on the 22 January.

On 29 January I went onto their returns portal to return the item, where usually you choose whether to return to shop or pay £2.50 for an EVRI or other courier return. However, the portal would not accept my order number saying it was outside of the returns window and to contact customer services.

I emailed their customer services immediately, and today (6 days later) they have replied back saying:

"Sadly, as the returns period for your order has now passed you will not be able to arrange a postal return through our portal. 

As a goodwill gesture, you can send your return to our UK Warehouse within 5 days, the address can be found below:

You will need to choose a tracked return courier service at your own cost. Please ensure you retain the courier tracking receipt until our warehouse has processed your return. We cannot accept any lost return parcel claims without a valid return courier tracking receipt."

I do not accept this response as when I attempted to complete my return using the portal it was within the 14 days "notification" period as stipulated by the distance selling regulation and by emailing them that same day telling them the portal was not accepting my return I was effectively telling them I wanted to return the item. I have 14 days from then to return my order. The return they have offered me is clearly worse than what they should have offered me had I been able to use their portal - my strong preference is to return to store since it is free but they say I have to send in at own cost using a courier, which would also clearly cost more than the £2.50 it would have cost via their portal and it means I am not protected in the same way if the item is lost as I would have been had I used one of their nominated couriers from their portal..

However, am I compelled to use this method o return to comply with the regulation since it has been offered? Their customer service seems very slow at the minute and if I need to wait another week for a response the clock will tick further on the permitted legal period to return the item.

Woodstok2000

If you're returning it due to changing your mind, or getting the wrong size (as opposed to an issue with the item), you are liable for return postage. The offer to return them to a shop for free goes above and beyond their legal requirements so while you can definitely try and argue that point with them, im not sure you can legally hold them to it.

The_Boss

https://forums.moneysavingexpert.com/discussion/comment/81870186#Comment_81870186

Thanks. They provide the option to return to store as free on the return portal for any orders within the returns period, so my issue is that the returns period that they are stipulating is clearly not correct for this item, and they should not be making a "good will" return offer, but allowing me to use the method which they provide to everyone else.

For example, I had another order delivered yesterday (the coat in the correct size, which I am keeping) but I can go into the portal and choose to return that to store for free if I wanted.

Woodstok2000

Well, legally the returns period is correct as they are still allowing you to return the item if you pay the postage. They are entirely within their rights to do that.

Offering a free in-store return is nice of them, but as it's not legally required they can withdraw it at any time or apply any conditions they want (e.g. they could say store return is only available within 14 days of sale, not delivery).

Their returns policy online seems to imply you just go to the store within 14 days of receipt, you don't need to register anything on the portal, in which case you have missed the window.

You can argue the point with them, and hopefully you'll win, but you are relying on their goodwill rather than any statutory rights.

saajan_12

https://forums.moneysavingexpert.com/discussion/6653823/superdry-online-returns-period-dispute

I do not accept this response as when I attempted to complete my return using the portal it was within the 14 days "notification" period as stipulated by the distance selling regulation and by emailing them that same day telling them the portal was not accepting my return I was effectively telling them I wanted to return the item. 

If you're relying on consumer rights then its your responsibility to return the item, they don't have to offer in store or a 2.50 label. They seem to still be giving you that option.

If instead you're relying on their contractual return policy, then that's defined by their stated T&Cs, you can' rely on the notification period etc. You still have a decent argument that you tried to exercise the contractual policy within the 14 days and it was their systems fault, but thats not guaranteed.

sheramber

after delivery delays

What were the delivery delays?

Okell

In order to take advantage of the stautory right to cancel a distance contract within 14 days under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you are supposed to clearly inform the seller that you are cancelling the contract.

See para 32 of the regulations:

" 32…

(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."

Did you do that?

If you did not you leave it open for the seller to argue that you returned the goods under their own returns policy and you did not exercise the stautory right to cancel

born_again

Just remember that if you are returning to get/pay for the level of compensation given their coats are not cheap & it getting lost or damaged with no recompense is something to avoid.

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81870292#Comment_81870292

Their information on right to cancel is way off, OP still has a long time to cancel the contract.

Looks like they offer in store as an option when cancelling the contract plus arranging postage for £2.50.

As OP is within the (extended) cancellation timeframe I don’t see why the additional aspects shouldn’t be binding.

That said getting these companies to acknowledge their non-compliant terms and then give the customer what they are entitled to is like getting blood out of a stone.

OP if I were you I’d just pay the £3.55 to send it back Tracked 48

https://send.royalmail.com

That includes £75 cover, if the thing is over say £90-£100 maybe look at Special Delivery.

If you end up paying for Special Delivery due to the value I’d politely bug Superdry until they agree to cover the difference.

Alderbank

https://forums.moneysavingexpert.com/discussion/comment/81870292#Comment_81870292

You received the coat on 22 January. Regardless of when you ordered it, your statutory cancellation period explained by @Okell ends at the end of 14 days after the day when you actually receive the goods*.

You are still in time (just!) to tell them you are cancelling the order.

*That's assuming they have given you all the correct information about your rights to cancel which the regulations require. It doesn't sound like they have done that.

The_Boss

Thanks for all the advice above. I went into a store on the final day of the 14 day cancellation period. They were very apologetic and said that their online returns portal has not been working properly for a while and that they'd had lots of people coming in with the same problem. They refunded me there and then without having needed to register it on the portal for an in-store return as you usually need to do for Superdry. So all sorted in the end.