Should delivery costs be refunded on faulty goods?

Haras

I bought a dress online from M&S but it was faulty which I didn't notice until I wore it a week later. When I phoned them I was told I would have to return it to one of their clothing stores because they would have to see it to decide if it could be refunded. So I did the 40 mile round trip which cost me fuel and parking and they agreed that the item was faulty and issued a refund. I didn't notice until later that they had refunded the cost of the dress only and not the £5.99 that I had paid for delivery. Surely I should also have this refunded?

Grumpy_chap

Yes, for a faulty item, delivery should have been refunded also. Not just a change of mind.

You won't recover the fuel and parking costs to return.

How much effort will you go to for the £6?

Haras

https://forums.moneysavingexpert.com/discussion/comment/81931571#Comment_81931571

Well, I'll give them a ring anyway. I just wanted to know where I stood. Thanks.

Haras

https://forums.moneysavingexpert.com/discussion/comment/81931571#Comment_81931571

Okay, I phoned M&S and they told me I wasn't entitled to have the delivery cost refunded because the item arrived on time! After a bit of objection on my part he went off and consulted with someone and made an exception in this case and refunded me. Was I wrong to expect this?

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81931738#Comment_81931738

You should have been refunded the delivery costs and you have now been refunded the delivery costs.

It would be nice to think that the supplier did so without being prompted and because they were correctly honouring consumer rights, not "an exception in this case". HoHum.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81931738#Comment_81931738

You have my sympathy if you've been dealing with M&S customer services - in my experience they are utterly useless and know nothing about consumer rights.

For future reference this is covered by s19(10) of the Consumer Rights Act 2015 which says in respect of faulty goods that "To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money." This includes delivery costs.

The above only applies to faulty goods. If you are simply exercising your right to cancel a distance contract then you can't claim back anything extra that you might have paid if you opted for some sort of enhanced or expedited delivery.

Also, was the dress delivered to you or did you pick it up via click and collect? I ask because under the law if the dress was delivered to you and was faulty then, strictly speaking, M&S were also responsible for the return costs.

s19(8) of the Consumer Rights Act 2015 says: "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them."

I'd normally advise anybody against making any sort of complaint or claim on a point of principle, but in the case of M&S customer services I'd make an exception.

If I were you I'd go back to M&S, quoting to them the above two sub-sections from the legislation, and telling them that they still owe you the costs you incurred in having to return the dress to a store 40 miles away when you should have been able to return it for free.

I really do despise M&S customer services…

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81932081#Comment_81932081

OP’s post above advised she has been refunded.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81932118#Comment_81932118

But she's only been refunded the delivery costs - and then only grudgingly with M&S wrongly pretending they weren't legally obliged to do so.

Under s19(8) M&S are also responsible for any costs incurred by the OP in returning the dress. (Assuming it was delivered to the OP and that she didn't click and collect it from the same store she was forced to return it to)

Why M&S advised her that she needed to return it in person to a store 40 miles away rather than returning it for free via their returns policy is inexplicable.

I'd want the costs of return and of inconvenience refunded. Half a days travel and parking costs were wholly unnecessary and M&S should never have advised the OP that they were necessary.

(Insofar as M&S customer services seem to have misled the OP as to her consumer rights I wouldn't be surprised if M&S have committed an offence under the prohibition of unfair trading provisions of the Digital Markets, Competition and Consumers Act 2024)

Haras

https://forums.moneysavingexpert.com/discussion/comment/81932081#Comment_81932081

It was delivered directly to my home address. Yes, it does seem unreasonable to expect someone to return an online purchase in person, at their own expense. If you lived in the Outer Hebrides for example, it would be ridiculous. I don't know why it couldn't have been posted back.

Haras

https://forums.moneysavingexpert.com/discussion/comment/81932242#Comment_81932242

It was a 40 mile round trip rather than 40 miles each way. As it happened, I was going to be in the area anyway a few days later which is unusual for me but convenient in this case. It still cost me £4.50 to park in the retail centre car park to drop it off. I'm happy to have been refunded the delivery costs now but it did seem unfair to be expected to pay them in the case of faulty goods. I will know my rights in future now.

Haras

https://forums.moneysavingexpert.com/discussion/comment/81932081#Comment_81932081

Thank you for this. I have included the Consumer Rights Act quotes in a Trustpilot review.

It doesn't seem that there is a way to complain to M&S about their customer service except by going through customer services!