They won't cancel my order

KaratePigeon

It does say in their returns policy that postage will need to be covered. The returns form asks if it's damaged and if so to include photos, so is it worth me putting pictures in there even though the damage is slight?

KaratePigeon

Also these are the only options on the returns form, nothing about changing your mind etc!

KaratePigeon

I've sent them an email now because I'm getting quite angry the more I read their ridiculous terms. I've asked for a return address, enclosed pictures of the poor quality finish, and said I won't be paying an administration or restocking fee, and that they have made it unnecessarily difficult for me to cancel. 😬

Okell

Look - their T&Cs do not reflect the legal position.

Legally I think you have 2 options.

First, If the goods are damaged when you get them, then you have a legal right under the Consumer rights Act 2015 to exercise what the law calls the short term right to reject within 30 days of delivery. You do that by telling the seller that you are exercising your short term right to reject. When you do that you can insist on a full refund. The seller cannot decide instead to replace the item and they cannot impose any restocking or admin fee.

If the goods are damaged and you decide to go down this route it might be reasonable for the seller to ask for photos or other proof of the damage. I don't think it's legally necessary for you to inform them within 48 hours, but if the goods are damaged you might as well inform them of your decision to reject ASAP.

Second, If the goods are not damaged when you receive them, you can still exercise your legal right to cancel a distance contract. (See my previous post for the details). If you do that you can get a full refund of what you have paid, and again the seller is not allowed by law to charge you any restocking or admin fee.

If you exercise your right to cancel the contract, the only issue is who pays for the return. Who pays depends on exactly what they have told you in their T&Cs and returns policy about who pays if you cancel the contract.

If they have told you that if you cancel the contract then you will have to pay the return costs, then you pay.

But if they haven't told you that you must pay the return costs if you cancel the contract, then they must pay the return costs.

So who pays for the return costs under the cancellation option depends on exactly what the seller told you before you placed the order.

As I've already suggested, if I were you and I wanted to follow the cancellation option, I would phone the seller and tell them that you are considering exercising your statutory right as a consumer to cancel a distance contract, and that as you think they are in breach of their legal obligation to provide certain information about the return costs required by the Regulations, you believe that they must pay the return costs. Ask them for confirmation that they will pay the return costs if you cancel, and how they will arrange that.

See what they say to that.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81883057#Comment_81883057

"Why is there 14 days to return if you don't like it but only 48 if it's damaged, I'm so confused…"

They are different things.

When you as a consumer buy something online or over the phone you have a right to cancel the contract (ie cancel the purchase) within 14 days of delivery. You can do that for any reason or no reason at all. The goods do not need to be faulty, you can simply have changed your mind about buying them

If you cancel then who pays the return costs depends on what the seller has or has not told you before you placed your order.

The law does not allow the seller to charge you any fees if you cancel the order.

OK?

But if the goods are faulty or damaged when you get them, you can reject them within 30 days of delivery for a full refund. The seller must pay any return costs. And again the seller is not allowed by law to charge you any fees.

You can exercise the short term right to reject up to 30 days after delivery. What the seller is trying to do by telling you that you have to notify them of any damage within 48 hours of delivery has no basis at all in law, and is just an attempt to try to dissuade you from exercising your legal rights as a consumer.

They are deliberately trying to confuse you.

OK?

"… But I think I need to contact them now, ask for a return address and tell them I will cover postage (can I just do this the cheapest way possible, or am I stuck with what courier they use?) but that it's illegal for them to change me any other fees?"

It's up to you, but if the goods are undamaged and you simply want to cancel the contract I'd do what I've already suggested.

Phone the seller and tell them that you are considering exercising your statutory right as a consumer to cancel a distance contract, and that as you think they might be in breach of their legal obligation to provide certain information about the return costs required by the Regulations, you believe that they must pay the return costs. Ask them for confirmation that they will pay the return costs if you cancel, and how they will arrange that.

See what they say in answer to that. Come back here if they say you have to pay the return costs.

And yes, you can also tell them that the law does not allow them to charge you an admin fee or restocking fee if you cancel the contract. (Don't use the term "illegal" for now - simply tell them that the law does not allow them to charge such fees)

OK?

Okell

https://forums.moneysavingexpert.com/discussion/comment/81883098#Comment_81883098

[NB - You've cross-posted while I've drafted my last couple of posts]

Ah.

You might have jumped the gun a bit there. If the lamps were only delivered yesterday you still have 13 days to cancel or 29 days to reject if they are damaged

What have you told them as to the reason you want to return the lamps?

(It doesn't matter what options their returns form gives. If you want to cancel the contract you simply tell them that you want to cancel)

KaratePigeon

I have both emailed and filled out their return forms last week. I was honest in the email and said I wasn't happy with them and included photos of the poor quality, but that I wanted to cancel originally anyway. I got an email on Monday saying they'd get back to me - nothing since.

There are new reviews on trustpilot, the latest one said they tried to charge a 25% restocking fee so he got the money back from his credit card, is it too soon for me to start this? Can I just ship the products back to them even though it says to wait for a returns form? Sounds like loads of people have reported them, I wonder how they are still trading.

Okell

Have you spoken to them as I suggested?

KaratePigeon

The site just has a sales phone number with a disclaimer saying customer orders won't be discussed on the phone.

But I've finally had a reply to my emails, they have just given a return address and said to keep proof of postage. No mention of how much the refund would be.

Should I just return, then fight for a decent amount of refund once they have it? Is royal mail going to be most reliable for proof of postage and that they aren't damaged etc (I don't trust them at all)

Okell

https://forums.moneysavingexpert.com/discussion/comment/81897392#Comment_81897392

"The site just has a sales phone number with a disclaimer saying customer orders won't be discussed on the phone…"

But regardless of what it says on their website, have you actually 'phoned them to discuss it?

You need to try to speak to someone to explain to them your understanding of their legal responsibilities as discussed in previous posts on this thread