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    • cmp3280
    • By cmp3280 10th Apr 18, 11:20 PM
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    cmp3280
    Refund of delivery costs
    • #1
    • 10th Apr 18, 11:20 PM
    Refund of delivery costs 10th Apr 18 at 11:20 PM
    Hi there, I know that companies (incorrectly) often take off the postage costs of goods purchased online when you return goods. However, I wondered if anyone knows what the rules are where you purchase multiple items with an offer of "free delivery on orders over 75 and free returns"? I recently purchased clothes from an online retailer who promoted this offer & the original order was >75. However, I then decided to return some items - this took the cost of the order to <75. The company then refunded me for the items I purchased, but took off a 3.99 delivery fee as they said the delivery costs now applied. I was not notified in advance of this & had I returned all the items I would have received the full amount back. Is the company allowed to do this? I can't find anything on-line that helps me answer this question.
Page 1
    • mattyprice4004
    • By mattyprice4004 10th Apr 18, 11:31 PM
    • 3,779 Posts
    • 3,307 Thanks
    mattyprice4004
    • #2
    • 10th Apr 18, 11:31 PM
    • #2
    • 10th Apr 18, 11:31 PM
    Yes, they can - otherwise people could take the Michael and purposely buy over 75 of goods with the intention of returning half, just to get free postage.
    • Deastons
    • By Deastons 11th Apr 18, 5:08 PM
    • 445 Posts
    • 227 Thanks
    Deastons
    • #3
    • 11th Apr 18, 5:08 PM
    • #3
    • 11th Apr 18, 5:08 PM
    Hi there, I know that companies (incorrectly) often take off the postage costs of goods purchased online when you return goods.
    Originally posted by cmp3280
    They don't have to refund the P&P if you change your mind, only the cost of the goods. They are also not responsible for the cost of returning the goods (although a lot of companies do this as a goodwill gesture).

    They do have to refund P&P and pay for return postage if the item is faulty/not as described.
    • unholyangel
    • By unholyangel 11th Apr 18, 9:25 PM
    • 13,066 Posts
    • 10,415 Thanks
    unholyangel
    • #4
    • 11th Apr 18, 9:25 PM
    • #4
    • 11th Apr 18, 9:25 PM
    Yes, they can - otherwise people could take the Michael and purposely buy over 75 of goods with the intention of returning half, just to get free postage.
    Originally posted by mattyprice4004
    Actually they can't - you can't vary an agreement unilaterally without the other party consenting to the variation.

    Anyone looking to take the michael that way wouldn't be incredibly smart since the retailer can make them liable for return postage costs which would likely far exceed the 3.99 in postage.
    Money doesn't solve poverty.....it creates it.
    • unholyangel
    • By unholyangel 11th Apr 18, 9:28 PM
    • 13,066 Posts
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    unholyangel
    • #5
    • 11th Apr 18, 9:28 PM
    • #5
    • 11th Apr 18, 9:28 PM
    They don't have to refund the P&P if you change your mind, only the cost of the goods. They are also not responsible for the cost of returning the goods (although a lot of companies do this as a goodwill gesture).

    They do have to refund P&P and pay for return postage if the item is faulty/not as described.
    Originally posted by Deastons
    Thats not correct at all.

    They need to refund outbound postage costs unless a premium service was selected and if a premium service was selected, they still need to refund the cost of standard postage.

    For example, a retailer offers 3.99 standard delivery and 6.99 next day deliver. You opt for next day delivery and eventually cancel. The retailer has to refund 3.99 but can keep the additional 3.

    As for return costs, a consumer is only liable for those if the trader complied with the obligations under the CCRs, providing all the necessary information. If they haven't done that, then they are liable for the return costs also.
    Money doesn't solve poverty.....it creates it.
    • cmp3280
    • By cmp3280 11th Apr 18, 11:13 PM
    • 2 Posts
    • 0 Thanks
    cmp3280
    • #6
    • 11th Apr 18, 11:13 PM
    • #6
    • 11th Apr 18, 11:13 PM
    Thanks for the comments. I know that distance selling regulations mean that if I return the full order I would get a refund of the amount paid + the delivery charge. (see "which" website & look up "distance selling regulations") However, what I can't seem to nail down is if a seller can retrospectively apply a delivery charge to an order.

    unholyangel seems to suggest they "can't vary an agreement unilaterally without the other party consenting to the variation", but not sure how to approach the retailer, or even if they have genuinely acted incorrectly. Any pointers to evidence/rules that I can reference much appreciated.

    p.s I wasn't taking the michael
    pps. I've seen loads of online retailers take the michael and not refund postage costs - not just small retailers. Recent examples - Next, Sports direct.
    • boo_star
    • By boo_star 11th Apr 18, 11:34 PM
    • 1,743 Posts
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    boo_star
    • #7
    • 11th Apr 18, 11:34 PM
    • #7
    • 11th Apr 18, 11:34 PM
    Thanks for the comments. I know that distance selling regulations mean that if I return the full order I would get a refund of the amount paid + the delivery charge. (see "which" website & look up "distance selling regulations") However, what I can't seem to nail down is if a seller can retrospectively apply a delivery charge to an order.

    unholyangel seems to suggest they "can't vary an agreement unilaterally without the other party consenting to the variation", but not sure how to approach the retailer, or even if they have genuinely acted incorrectly. Any pointers to evidence/rules that I can reference much appreciated.

    p.s I wasn't taking the michael
    pps. I've seen loads of online retailers take the michael and not refund postage costs - not just small retailers. Recent examples - Next, Sports direct.
    Originally posted by cmp3280
    It may help if you name the retailer to see if their terms and conditions include something that allows them to do it.
    • unholyangel
    • By unholyangel 11th Apr 18, 11:38 PM
    • 13,066 Posts
    • 10,415 Thanks
    unholyangel
    • #8
    • 11th Apr 18, 11:38 PM
    • #8
    • 11th Apr 18, 11:38 PM
    Thanks for the comments. I know that distance selling regulations mean that if I return the full order I would get a refund of the amount paid + the delivery charge. (see "which" website & look up "distance selling regulations") However, what I can't seem to nail down is if a seller can retrospectively apply a delivery charge to an order.

    unholyangel seems to suggest they "can't vary an agreement unilaterally without the other party consenting to the variation", but not sure how to approach the retailer, or even if they have genuinely acted incorrectly. Any pointers to evidence/rules that I can reference much appreciated.

    p.s I wasn't taking the michael
    pps. I've seen loads of online retailers take the michael and not refund postage costs - not just small retailers. Recent examples - Next, Sports direct.
    Originally posted by cmp3280
    DSRs were replaced by the Consumer Contract (Information, Cancellation & Additional Charges) Regulations 2013 4 years ago. Just mentioning this in case you are looking at the old rules.

    When I said about can't vary the agreement....that was mostly based on well founded principles of contract law. Look up contract formation - offer, acceptance, consideration, intent, certainty etc. And then unilateral variations in a consumer contract (you may need to visit unfair term guidance for that part).

    However, its also backed by the CCRs.

    The trader has to give you certain information - the info they need to give thats relevant here is:
    (f)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated,
    (g)where applicable, all additional delivery charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;
    Now the CCRs also say this about that information:
    (6) Any information that the trader gives the consumer as required by this regulation is to be treated as included as a term of the contract.

    (7) A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

    I'd email the retailer and tell them you want the delivery charge refunded. If they don't answer though.....well how much time do you want to spend over 3.99?
    Last edited by unholyangel; 11-04-2018 at 11:44 PM.
    Money doesn't solve poverty.....it creates it.
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