Distance selling regulation question

28
Posted 15th Dec 2019
I bought a pair of jeans from House of Fraser and after it arrived, I noticed that this was not a good fit.
I sent it back at my own cost.

Now, HoF have refunded me just the cost of the item and not the delivery charge. Should I not have got refund for the delivery charge as well ?
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shedboy6615/12/2019 21:16

It’s not normal to get a refund for postage for ill fitting if there was a …It’s not normal to get a refund for postage for ill fitting if there was a problem with the product such as rip/stain missing button etc or wrong item sent you would be entitled to the postage being reimbursed



The Consumer Contracts Regulations replaced the Distance Selling Regulations in 2014.

You have a right to cancel an order from the moment you place it up to 14 days after you receive your order and up to 14 days to return the goods, a retailer has to refund the basic cost of getting the goods to you, they do not have to refund additional delivery costs for expedited delivery etc.
28 Comments
It’s not normal to get a refund for postage for ill fitting if there was a problem with the product such as rip/stain missing button etc or wrong item sent you would be entitled to the postage being reimbursed
Most retailers only offer refund postage if the item is damaged or has a defect
You can return your items within 28 days of receipt of your order for a full refund to the original payment method used, however you will be responsible for the postage and any associated cost and risk of the return of the goods to us. You must ensure the products with the filled in pre-printed returns label are received by our online returns centre within 28 days of receipt of your order, otherwise your refund may be refused. You can also alternatively request an exchange or replacement, but if for any reason we are out of stock of an item, you will be given a refund

Copied direct from hof website
Unless the goods are faulty, damaged or not as described, then you are respinsible for the return costs.
Little tip for the future, if a retailer like HOF offer paypal as a payment option use that, as Paypal will refunded the return postage for you.
oscarcat15/12/2019 21:30

Unless the goods are faulty, damaged or not as described, then you are …Unless the goods are faulty, damaged or not as described, then you are respinsible for the return costs.Little tip for the future, if a retailer like HOF offer paypal as a payment option use that, as Paypal will refunded the return postage for you.


Or just take it into the store
shedboy6615/12/2019 21:16

It’s not normal to get a refund for postage for ill fitting if there was a …It’s not normal to get a refund for postage for ill fitting if there was a problem with the product such as rip/stain missing button etc or wrong item sent you would be entitled to the postage being reimbursed



The Consumer Contracts Regulations replaced the Distance Selling Regulations in 2014.

You have a right to cancel an order from the moment you place it up to 14 days after you receive your order and up to 14 days to return the goods, a retailer has to refund the basic cost of getting the goods to you, they do not have to refund additional delivery costs for expedited delivery etc.
NorthOfUtopia15/12/2019 21:46

The Consumer Contracts Regulations replaced the Distance Selling …The Consumer Contracts Regulations replaced the Distance Selling Regulations in 2014.You have a right to cancel an order from the moment you place it up to 14 days after you receive your order and up to 14 days to return the goods, a retailer has to refund the basic cost of getting the goods to you, they do not have to refund additional delivery costs for expedited delivery etc.


Exactly and sadly not everyone understands the legislation just look at the replies
Edited by: "eslick" 15th Dec 2019
They should refund the initial postage. They are not responsible for the cost to you to return as it wasn’t a faulty item.
To be clear, yes they should have refunded the basic postage charge. If they were free delivery and you paid extra for a faster delivery then this would not be refunded. The law:-
legislation.gov.uk/uks…ade
HofF is now owned by..... SportsDirect so says it all.
Arto15/12/2019 21:32

Or just take it into the store


they don't refund online orders, you get an exchange these days.
Legislation aside, take this as a caution - HoF treat their customers really badly and will trip to rip you off in any small way they can. One retailer I will never shop at again.
I usually invite the merchant to state it's exemption to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 Part 3 Reg 34. Always subsequently received original postage refund (both times, lol).
Thank you all for your comments. I did choose Next day delivery and paid extra.
I am also surprised what you lot think about HoF. I always thought it was one of the Higher tier stores.
Some pretty bad advice and misconceptions in this thread! The following is true:

It was bought online, so they must refund you the full cost of the item plus whatever you paid for them to post it to you.

The only exception is if you paid more for delivery (e.g. to have it delivered faster), in which case you would only be refunded for whatever the cheapest delivery option would have cost.

You can only claim for your return postage costs if their policy allows you to (if the item was faulty, however, they'd have to reimburse you for this too).
paul_merton16/12/2019 11:13

Some pretty bad advice and misconceptions in this thread! The following is …Some pretty bad advice and misconceptions in this thread! The following is true:It was bought online, so they must refund you the full cost of the item plus whatever you paid for them to post it to you.The only exception is if you paid more for delivery (e.g. to have it delivered faster), in which case you would only be refunded for whatever the cheapest delivery option would have cost.You can only claim for your return postage costs if their policy allows you to (if the item was faulty, however, they'd have to reimburse you for this too).


That can't be right. So anyone can order a large, bulky, expensive to post item and just decide to return it, for whatever reason, without penalty? Why should a retailer foot the bill because someone changes their mind?
deeky16/12/2019 11:30

That can't be right. So anyone can order a large, bulky, expensive to post …That can't be right. So anyone can order a large, bulky, expensive to post item and just decide to return it, for whatever reason, without penalty? Why should a retailer foot the bill because someone changes their mind?


Well, it is right, so I'm not sure what else I can say.
paul_merton16/12/2019 11:13

Some pretty bad advice and misconceptions in this thread! The following is …Some pretty bad advice and misconceptions in this thread! The following is true:It was bought online, so they must refund you the full cost of the item plus whatever you paid for them to post it to you.The only exception is if you paid more for delivery (e.g. to have it delivered faster), in which case you would only be refunded for whatever the cheapest delivery option would have cost.You can only claim for your return postage costs if their policy allows you to (if the item was faulty, however, they'd have to reimburse you for this too).



Having just checked my order again, it seems that I paid for the only available cheapest delivery option - Standard Delivery @ £4.99
I will be getting in touch with their CS
paul_merton16/12/2019 11:36

Well, it is right, so I'm not sure what else I can say.


Ok, fair enough. It might be right legally but it shouldn't be. It's not fair on the retailer.
deeky16/12/2019 12:34

Ok, fair enough. It might be right legally but it shouldn't be. It's not …Ok, fair enough. It might be right legally but it shouldn't be. It's not fair on the retailer.



I guess it's fortunate that so many people don't realise what their legal rights are then

But think about why this legislation exists in the first place. You have no opportunity to physically examine goods for quality or fitness for purpose before making an online purchase. Retailers can easily mitigate this by requiring the buyer to pay for the return delivery (which would be expensive for a bulky item, and thus dissuade most people from doing it), or by banning customers who return too much stuff.

But on the whole, it's very much a consumer's world - if you know your rights!
Yeah good points.
zworld16/12/2019 11:00

Thank you all for your comments. I did choose Next day delivery and paid …Thank you all for your comments. I did choose Next day delivery and paid extra. I am also surprised what you lot think about HoF. I always thought it was one of the Higher tier stores.



HoF used to be a higher tier store but when it went belly up it was bought by Sports Direct and everything changed, terms and conditions and customer service, they have even changed their company name to Fraser Group now to give a better perception of them though most people will always see it as SD.
eslick16/12/2019 13:14

HoF used to be a higher tier store but when it went belly up it was bought …HoF used to be a higher tier store but when it went belly up it was bought by Sports Direct and everything changed, terms and conditions and customer service, they have even changed their company name to Fraser Group now to give a better perception of them though most people will always see it as SD.


Indeed.

And during the buyout, many orders were never fulfilled but the payment kept, refunds for returned items were not given and HoF would not accept HoF gift cards.

(Not to mention how many suppliers were not paid for goods provided).
Edited by: "cooliodealio" 16th Dec 2019
deeky16/12/2019 11:30

That can't be right. So anyone can order a large, bulky, expensive to post …That can't be right. So anyone can order a large, bulky, expensive to post item and just decide to return it, for whatever reason, without penalty? Why should a retailer foot the bill because someone changes their mind?


It's for items the buyer has not seen before purchase, such as online. You can't do it if you walk into a shop and buy a sofa and have it delivered.

It encourages the retailer to do all they can to make sure the buyer knows exactly what they're getting, while the buyer having to foot the return cost discourages buyers from buying and returning on a whim. It is quite a good setup.
EndlessWaves16/12/2019 21:14

It's for items the buyer has not seen before purchase, such as online. You …It's for items the buyer has not seen before purchase, such as online. You can't do it if you walk into a shop and buy a sofa and have it delivered.It encourages the retailer to do all they can to make sure the buyer knows exactly what they're getting, while the buyer having to foot the return cost discourages buyers from buying and returning on a whim. It is quite a good setup.


Yeah, I wasn't really taking the buyer having to pay return postage into account.
If you paid with PayPal you can ask a refund for P&P from PayPal. First activate this on PayPal: 15 returns / a year are paid by PayPal.
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