no refund given for delivery charge

Brie

I was ordering some things online and found some items I wanted from Next.

Because there were shoes included in the order I wanted to have them delivered to the store, not to my home. I had a right faff with their system (never ordered from them before) and after numerous tries submitted my order and paid. And then realised they had logged it as a home delivery, not to the store.

I immediately rang their customer service and was told they could cancel the order and I'd get a full refund. Swell!!! Except that's not what's happened. They have refunded everything except the delivery charge.

I have sent them an email to say I expect this to be refunded as well and have yet to hear back. But if they do say no is there any reasonable response I can make? i.e. quoting consumer rights or distance selling or something???

Yes it's "only" £4.95 but it's my £4.95 and being retired I have time to deal with trivial things.

eskbanker

They're required to refund basic delivery under s34(2) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader

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

Okell

https://forums.moneysavingexpert.com/discussion/comment/82174765#Comment_82174765

I don't know how next works, but if store delivery has no charge and the OP has chosen home delivery at £4.95 (albeit mistakenly) has the OP actually chosen the least expensive common and generally acceptable kind of delivery offered by the trader?

Regardless, if I were the OP I'd still go back to Next and argue on the basis of s34(2).

(Wonder if OP should have tried withdrawing the offer to buy rather than cancelling?)

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82174807#Comment_82174807

I'd argue that it isn't valid to compare delivery charges to different locations but let's see what Next come back with as their reasoning!

Okell

@Brie - did you only order the shoes or did you order other stuff too?

If you ordered other stuff as well, did you cancel that too, or just the shoes?

Their own T&Cs say under Returns and Refund Policy that "… If you return the whole order the £4.95 delivery charge will be refunded…" Next Terms & Conditions | T&C's | Next Official Site.

Your other argument would be that as you cancelled the order/withdrew your offer to buy immediately you realised your error and before the shoes were dispatched to you, then under their own T&Cs no contract had been formed and they never incurred any delivery charges. Therefore they must refund you the £4.95.

Brie

https://forums.moneysavingexpert.com/discussion/comment/82174840#Comment_82174840

No I cancelled the whole order. And I did look at their website but couldn't find the T&C you quote so thank you for that.

I'll report back when I hear from them so as not to keep people on tenderhooks.

eskbanker

I'll report back when I hear from them so as not to keep people on tenderhooks

*tenterhooks!

https://www.vocabulary.com/articles/pardon-the-expression/on-tenterhooks-vs-on-tender-hooks/

the_lunatic_is_in_my_head

Next form a contract on dispatch, as the call was straight after the order this was just a withdrawal of the offer, they can't keep anything as there wasn't a contract to begin with.

Brie

https://forums.moneysavingexpert.com/discussion/comment/82174911#Comment_82174911

thanks. I did wonder…. not a phrase I've needed to type before I think.

Anyhoo…..got a nice reply from Next apologising and saying that my delivery costs were being refunded!

Panic over!!!