Refund due on item refused.

[yellowsleeves]

I bought an item from a UK shop online.

 

I changed my mind, around 10 hours after I purchased I sent them an email informing them I'd like to cancel.

 

They dispatched anyway, and I refused delivery when the courier arrived.

 

Only after 3 emails did they refund, but almost £50 less than the item cost (The item was £160, they only refunded £110)

 

I sent a letter advising them that the DSR's apply and that they cannot charge restocking fees and that they must refund the original postage.

 

I was under the impression that as I never took delivery, I should receive a full refund.

 

I've attached a screenshot of some of their terms.

 

I received a reply to my letter stating trading standards had checked their terms and had agreed that they complied with the DSR's.

 

I was just going to start small claims, but the response I received made me doubt I am right, and need a few opinions!

 

Thanks[ATTACH=CONFIG]46755[/ATTACH]

[renegadeimp]

One word. Chargeback.

 

Name and shame the company too.

[Guest]

otherwise, under DSR = full refund, no restocking fee, refund of delivery charge, (but they may charge for return cost ie 'direct cost' if in contract?)

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

Edited October 6, 2013 by Ford

[yellowsleeves]

Here is the link to their t&c's.

 

http://www.allcocksoutdoorstore.co.uk/store/content/75/Terms-and-Conditions/

 

Can they charge for return costs if I didn't take title of the goods?

[Guest]

eg para 2.22 here

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

 

 

 

further info http://www.oft.gov.uk/shared_oft/consumer_leaflets/general/oft334.pdf

Edited October 6, 2013 by Ford

[Guest]

as reneg asks, name and shame?

and consider credit card chargeback if applicable?

Edited October 6, 2013 by Ford

[Guest]

para 3.35, 3.55 etc also

[dx100uk]

under dsr they cannot charge anything for restock

dsr is unequivocal full refund within 14days

dx

[Conniff]

This is what they have to say, so send them that letter before action demanding a full refund minus the cost of return postage.

 

Right for you to Cancel

[yellowsleeves]

Hi, thanks for the replies so far.

 

Chargeback isn't applicable unfortunately.

 

Am I responsible for the costs for the item to be returned after I refused the delivery? Obviously I didn't return the goods, as I never took delivery of them in the first place.

 

I've studied all over the net, and I can't seem to find a definite answer. In my opinion, the company are responsible for the goods until they are delivered, and in this case they weren't, and I think I am entitled to a full refund.

[dx100uk]

you are

 

have the company proved they were delivered

 

get them too/

 

under dsr they cannot charge anything.

and must refund the full costs of what you paid

 

how did you pay then?

 

dx

dx

[Surfer01]

As you changed your mind, you cannot claim back the return postage charges, but no issue with a full refund.

[Guest]

yellow

some onliners do 'free' returns even if just change mind, good on em.

but, as posted #3 #5 etc, if they stipulate charging for a return in their terms, then it looks like they can charge for that (provided is reasonable ie 'direct cost') if re just a change of mind (refusing delivery seems could be regarded as a change of mind?)

go on, name and shame the company

Edited October 8, 2013 by Ford

[yellowsleeves]

OK, so some different answers.

 

Company is Allcocks Outdoor Stores.

 

I think I'll just go ahead with court action, as I'm fairly certain TNT don't charge £50 to return an item.

 

I'll be back I'm sure once I receive a defense from them.

 

I just don't understand, if I didn't receive the goods, how can I be charged for return of them?

[Guest]

50 does seem excessive! have they previously said that the 50 was for return cost alone?

Edited October 7, 2013 by Ford

[Surfer01]

I am fairly sure that under DSR they cannot claim delivery charges, only return postage if they arrange it. At £50 probably cheaper to take it back yourself! We bought a porch awning from an outdoor store after checking whether it was suitable for our caravan. They replied to my email that it should fit. On taking delivery and erecting the awning, it was too big. The outdoor store argued that we should return it at our cost as we had changed our minds. Our argument was that it was unfit for purpose.

Eventually after many emails back and forth pointing out the error of their way, they refunded in full plus postage charges. They showed a distinct lack of knowledge of the Distance Selling Regulations although they knew of them and I think thsi may be happening in your case.

[Conniff]

I am fairly sure that under DSR they cannot claim delivery charges, only return postage if they arrange it. At £50 probably cheaper to take it back yourself! We bought a porch awning from an outdoor store after checking whether it was suitable for our caravan. They replied to my email that it should fit. On taking delivery and erecting the awning, it was too big. The outdoor store argued that we should return it at our cost as we had changed our minds. Our argument was that it was unfit for purpose.

Eventually after many emails back and forth pointing out the error of their way, they refunded in full plus postage charges. They showed a distinct lack of knowledge of the Distance Selling Regulations although they knew of them and I think thsi may be happening in your case.

 

That's correct, they cannot charge for the delivery.

 

I remember your awning problem, but you say " They showed a distinct lack of knowledge of the Distance Selling Regulations ....".

I doubt it, they were just hoping it was you with the lack of knowledge. If the same thing were to happen again today, my betting is that they would act exactly the same.

[silverfox1961]

Hi

I believe this provides the definitive answer

 

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

[yellowsleeves]

Hi

I believe this provides the definitive answer

 

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

 

 

I've read that, could you clarify where it answers my question?

 

I'm aware that I would have been responsible for return costs....but I didn't return. I didn't receive the goods in the first place, I can't return something I didn't receive.

[Guest]

you did 'return' it, you changed your mind and refused delivery (which you are entitled to do). item then gets returned to sender by the courier at cost? as posted, in such circs seller is entitled to 'direct cost' of return (provided stipulated in terms, which it was), and you are entitled to refund of item plus delivery cost. so, the idea is that the transport costs effectively cancel each other out and each party is put back. otherwise, a seller would be out of pocket each time.

have they stipulated specifically what the 50 is for (they can't charge a restock/admin fee)? how much was your delivery charge, was it a large heavy item? compare the two, or get a rough idea from say royal mail/parcelforce site to compare? check the couriers return cost where an item is refused?

also, check when the contract is deemed concluded. did you change mind before conclusion, and before dispatch?

Edited October 9, 2013 by Ford