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I have ordered some clothes from an online retailer, £36 + £4.95 delivery. They have arrived but do not fit so would like a refund as they do not stock/sold out of the next size up.
After phoning them up for a refund i was told that i have to send them back at my cost and they only accept special delivery.
I thought with the distance selling regulations you just had to cancel the contract within 7 days, it is then them that have to collect, this is how its always worked with other web retailers i have used.
Does the Online retailer have a returns policy advertised on their website, and if it does does that back up your conversation with them.
Normally you should have a period of time to try the goods and return if not suitable or faulty, so I think the staff member is misinformed.
BB
Charges succsessfully claimed back from: First Direct Nat West Barclaycard Alliance+Leic
Mint CCA sent as yet no reply Nat West M/C CCA sent as yet no reply Barclaycard CCA sent as yet no reply Egg DCA Court Claim issued then discontinued ***(WON)****
Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)
M and M Direct does not have a free collection service for returns; therefore take your parcel to the post office and request the standard delivery service, ensuring you opt for the extra compensation if the contents of your parcel exceed the value of £32 – this will ensure you are adequately covered in the unlikely event of your parcel going missing in transit. We will happily refund the cost of your postage if the item you are returning is faulty or was incorrectly sent. M and M Direct cannot be held responsible for any returns parcel lost in the post, therefore please keep your receipt as proof of postage.
I have just never sent items back like this before. The item is not faulty, just too small, it was a medium i ordered but its more like a small (if that makes sense)
Q4. Do I have to pay to return the goods?
When consumers exercise their right to cancel they are under a duty to take reasonable care of the goods and to “restore” them to the supplier. The term “restore” does not permit the supplier to demand that the consumer send back or deliver the goods, but only that the goods are made available to the supplier for collection.
The Regulations permit the supplier to include in the contract a term requiring the consumer to return the goods to the supplier at their own cost. The supplier may charge for the direct costs of recovering the goods if, on request, the consumer does not return them; this must not be more than the direct costs of recovery, such as postage or, for larger items, the cost of a van collection. Once the consumer has cancelled the order all money paid must be returned within 30 days of the date of cancellation.
The business is not entitled to charge for recovery of the goods if the consumer also has a statutory right to cancel the contract under other legislation, (for example because they are defective) or if the term requiring the consumer to return the goods is an ‘‘unfair term’’ within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 and The Unfair Terms in Consumer Contracts (amendment) Regulations 2001
It seems like I do have to pay then as they are not faulty items. I was trying to save money buying from them, i will be down £6 now
Looking at the returns policy it looks ok to me, so I would be inclined to follow their written procedure to the letter. Back this up with a letter quoting their guarantee policy main points, ie returns within 28 days should be subject to a full refund if you fullfil the requirements.
You should be ok by doing that although you will not be entitled to the postage costs just a refund on the item. It is not their fault that you have the wrong size--- that is what you ordered.
BB
Charges succsessfully claimed back from: First Direct Nat West Barclaycard Alliance+Leic
Mint CCA sent as yet no reply Nat West M/C CCA sent as yet no reply Barclaycard CCA sent as yet no reply Egg DCA Court Claim issued then discontinued ***(WON)****
Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)
Well when you say not faulty, you say they do not fit. That could be seen as not conforming to the contract (though you have to demonstrate that they are incorrect measurements which could be a pain). Also check th regulations to ensure they have complied with them. If not, you have the right of return anyway.
Alternatively, can you take them instore and get a refund there or swap them?
If the item is worth £36 then personally I would return by Second Class post, not Special Delivery. Make sure you get proof of posting. In the unlikely event they get lost in the post, you would be covered for £34 compensation from Royal Mail.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
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... even better for the OP - although I did have to check the price of a First Class stamp on the RM website before posting and I'm sure it said it was 34p!
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Cag is a free self-help site. If you are contacted by any other user recommending or offering no win no fee or paid for service, please report this to the site or to a site team member.
CAG depends on donations. Please consider making a donation - however big or small.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Distance Selling Regulations Question
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