7 day cooling off period - return postage question

prince209

New Member
Oct 14, 2009
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Hi there.

I ordered an item online and then sent an email cancelling the order before the item was actually delivered. 2 days after I'd cancelled the order, DHL arrived to deliver the item. I rejected the delivery as I'd cancelled the order so that the item would get sent back to the company.

The company replied later and said that they'd be charging me £6 for return postage.

My question is, can they charge this, seeing as I'd cancelled the order before it was delivered and also would DHL actually charge the company postage for sending them back an item for the delivery was rejected?

I realise that if I'd accepted delivery, I'd have to send the item back at my expense, but the above is a slightly difference scenario, as I received the goods after I'd cancelled the order.

Thanks in advance. :)
 

Tony

What Consumer Founder
Apr 7, 2008
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My question is, can they charge this, seeing as I'd cancelled the order before it was delivered and also would DHL actually charge the company postage for sending them back an item for the delivery was rejected?
It is your responsibility to pay for returns unless the terms say something else. I would assume that DHL do charge for aborted deliveries, seems reasonable to me, and it would be your responsibility to pay this.

Tony
 

Tony

What Consumer Founder
Apr 7, 2008
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Bolton
Yes quite right, the reverse is true. So, if the terms say that you have to pay for returns then you are going to have to pay the £6. If they say nothing, you are not obliged to pay the £6.

Apologies for the confusion

Tony
 

Tony

What Consumer Founder
Apr 7, 2008
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Just getting old ; )

Here is an extract from the OFT guide:

Who pays for returning the goods if the consumer cancels
an order?

3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge.
3.56 If you did not include these details in the required written information
then you cannot charge anything. See paragraph 3.10. You can never
require consumers to pay the cost of returning substitute goods –
see paragraph 3.1 for more information.
3.57 If the goods are faulty or do not comply with the contract, you will
have to pay for their return whatever the circumstances.
 

prince209

New Member
Oct 14, 2009
2
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0
Hi.

Thanks for the replies.

That leads me onto another question, where exactly do these terms and conditions have to be displayed? Do they have to be emailed to you when you place an order, displayed on the invoice when you receive the item or is it enough for them to be displayed on the company's website and the onus is on me to read them?

Thanks.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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38
Bolton