Refusal to return postage under DSR

Be_Happy

I bought shoes online from Hotter but they didn't fit and had to return them. I understand the Distance Selling Regulations and how I must contact the company before returning them. I sent the following email:

"Customer Number - xxx,   Name, - xxx  Order Number - xxx

I have received the trainers - Dashzs 032 today but I am sorry they are too narrow.   I will be posting them back to you tomorrow under the Distance Selling Regulations."

I received an answering email from them with instructions on how to send off return and referring me to their conditions. I thought my email covered everything, but after returning the goods, they have refused to return the original postage as I did not state all the information specified by them eg name, address, phone, number (I gave my customer number which had all this information on their records). I also enclosed in the parcel the original invoice from them.

Does this absolve them from the Distance Selling Regulations on return of original postage.

the_lunatic_is_in_my_head

Hello OP.

They need to refund outward postage (to the amount of the lowest postage they offer), your email is sufficient.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

Point them to paragraph 3

flaneurs_lobster

Why did you not simply comply with their conditions of return, not exactly arduous?

Unless it explicitly states in their terms that they will withhold delivery charge refund if you do not supply the information requested then no, they cannot decide arbitrarily to withhold part of the refund as a "penalty".

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81987295#Comment_81987295

They can’t withhold the outward postage in any event. 🙂 OP’s statement is clear enough that they are exercising their right to cancel.

eskbanker

https://forums.moneysavingexpert.com/discussion/6666984/refusal-to-return-postage-under-dsr

Just for future reference, the Distance Selling Regulations were long since superseded by others, including the CCRs, as linked above, so it's worth citing the correct legislation - there's also no need to justify why you're returning goods, so simply advising that you're exercising your statutory cancellation rights suffices, although it doesn't do any harm to spell out your expectations regarding a full refund of all monies paid too…

born_again

Why did you not simply

HOW DO I RETURN GOODS TO HOTTER?

You will find a prepaid returns label inside your parcel. You can use this label to return your parcel, via your local Post Office. . A returns fee of £2.95 will be deducted from your refund to cover returns postage. Your statutory rights are not affected.

Please note: If you don't use our prepaid service then the cost of returning goods is the responsibility of the sender.

Exchanges. If you require an exchange for an item in the same style but just a different size or fitting with delivery to a UK address, there is no returns fee, if you use our prepaid service.

Okell

https://forums.moneysavingexpert.com/discussion/6666984/refusal-to-return-postage-under-dsr

Your post is confusing.

The title refers to "return postage" - ie what it cost you to return the shoes to Hotter - but in the post itself you refer twice to "original postage" - which I would take to be the cost of Hotter sending the shoes to you in the first place.

Which one is it? The difference is important.

You might find the following useful in future:

1 the DSRs have been superseded by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 under which you can cancel a distance contract within 14 days of delivery to you for a full refund. You then have a further 14 days in which to return the goods.

2 if you choose to cancel under the above regulations it is probably safer to tell the seller that you are "cancelling" the contract rather than just returning them. You don't need to give any reason for the cancellation - it is a legal right re distance contracts (eg phone, online, mail order etc)

3 if you cancel the contract as above you are entitled to have refunded to you the cost of "original postage" to you at the lowest rate normally offered by the seller. (ie so if you paid "extra" for eg next day delivery they don't have to refund the "extra" - they just have to refund what they usually charge).

4 whether you can also claim your costs in returning the goods to the seller depends on what the seller's T&Cs say about who pays in the event you cancel. If the T&Cs are silent about this, or if they say the seller will pay, then the seller should pay. But if they say the consumer has to pay to return, then the consumer pays.

5 some sellers have their own returns policy which may or may not be more advantageous to a consumer than the above regulations, (eg an extended returns period). If you are returning goods I would suggest it's a good idea to try to make it clear to the seller whether you are cancelling under the regulations or whether you are returning under their own returns policy. The seller can impose whatever restrictions/qualifications/conditions it likes on their own returns policy. It's up to you to decide which gives you the better protection, but as a general rule it's probably better to cancel under the regulations rather than returning under the seller's own returns policy. But it's up to you to assess the pros and cons of each and to decide which serves you better.

6 it can get more complicated than the above, but I think it's reasonably accurate for most cases…

eskbanker

Your post is confusing.

The title refers to "return postage" - ie what it cost you to return the shoes to Hotter - but in the post itself you refer twice to "original postage" - which I would take to be the cost of Hotter sending the shoes to you in the first place.

Which one is it? The difference is important.

The title is "Refusal to return postage under DSR" so 'return' is clearly being used as a verb rather than an adjective here, although 'refund' would have been a better choice of terminology!

Be_Happy

Thanks for the helpful advice.

With regards as to why i didn't follow the wording in their terms and conditions, I thought what I was saying did cover all the information.

Yes title could be confusing, I meant them returning back to me the original postage charged.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81987434#Comment_81987434

thanks!

I didn't read it properly and wrongly interpolated the word "refund" before "return postage".

My bad.

Apologies to @Be_Happy