Charging for postage for return of goods not as described

purplethreads · 27 July 2018 at 1:17PM

This week I ordered online some skeins of thread (i.e. one long length of thread). Bags of cut lengths were supplied instead. The website clearly describes skeins and does not mention that they will substitute bags of cut lengths.

Their return policy means that I have to pay shipping to return them. Is this right?

unholyangel · 27 July 2018 at 1:20PM

Are you sure the returns policy doesn't relate to change of mind returns? Have you spoken to the retailer at all?

Would you mind providing a link to the T&C's so I can have a look over them and see?

purplethreads · 27 July 2018 at 4:23PM

I am in contact with the owner. The only thing that has been mentioned is refund of the costs of the skeins upon return.

The website states that
"Returns Policy

We comply with ecommerce and mail order legislation and, with prior agreement, goods may be returned at your expense. We advise sending returned goods via Signed For delivery as we cannot accept responsibility for goods lost in transit. They must be unopened and in a saleable condition and, if acceptable, will be refunded (excluding shipping charges) to the original card-holder's account. "

So I'm currently wondering if I should be pushing for a refund of my postage costs.

theonlywayisup · 27 July 2018 at 5:08PM

I did wonder if that was a change of mind returns policy, but having read the site [spinning jenny] it is all very amateurish.

Have you actually been in touch with them to explain the issue, explicitly saying the items are not what you ordered? Have you queried the returns postage?

purplethreads · 27 July 2018 at 6:18PM

One of the drawbacks of dealing with small businesses is that things can be rather amateurish.

I have been in touch and have received explanation as to why the cut threads were sent. The offer was to refund the threads only

I haven't replied yet as I was wondering if I should push on a refund of the postage.

theonlywayisup · 27 July 2018 at 7:06PM

purplethreads wrote: »

One of the drawbacks of dealing with small businesses is that things can be rather amateurish.

I have been in touch and have received explanation as to why the cut threads were sent. The offer was to refund the threads only

I haven't replied yet as I was wondering if I should push on a refund of the postage.

As the threads being cut wasn't part of the contract, they need to understand that they need to be refunding your original payment in FULL and the returns postage. That isn't a goodwill gesture, that is legislation.

Perhaps link them to this thread or the CCR.

unholyangel · 28 July 2018 at 3:00PM

purplethreads wrote: »

One of the drawbacks of dealing with small businesses is that things can be rather amateurish.

I have been in touch and have received explanation as to why the cut threads were sent. The offer was to refund the threads only

I haven't replied yet as I was wondering if I should push on a refund of the postage.

Unless you agreed to return rejected goods, your only obligation is to make them available for collection and take reasonable care of them. Even if you did agree to return rejected goods, the retailer is liable for the cost involved in doing so.

I have to say, the T&C's of this business very likely amount to a criminal offence under the CPRs. Their T&C's are a smidgen off delusional and are definitely not compliant with current consumer legislation and nor would it be complaint under the old legislation either.

purplethreads · 7 August 2018 at 11:51AM

The retailer is surprised that I asked for return postage. Can somebody please point me towards exact piece of legislation I need to quote?

unholyangel · 7 August 2018 at 12:53PM

purplethreads wrote: »

The retailer is surprised that I asked for return postage. Can somebody please point me towards exact piece of legislation I need to quote?

Look at this legislation under section 20, paragraph (8):

(8)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.

purplethreads · 7 August 2018 at 2:34PM

Great. Thank you very much.

Supersonos · 7 August 2018 at 4:31PM

purplethreads wrote: »

The retailer is surprised that I asked for return postage. Can somebody please point me towards exact piece of legislation I need to quote?

https://www.which.co.uk/consumer-rights/advice/i-want-to-return-something-bought-online#returning-faulty-goods-bought-online

"Any terms and conditions that say you must cover the cost of returning an item don't apply where the goods being returned are faulty [or not as described]."

Charging for postage for return of goods not as described

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