Shipping Refund?

[Cloverjo]

I recently bought a lamp online and paid £4 for shipping. When I received it, it wasn't as good as I'd hoped for. I sent it back.
Now, I've heard Martin Lewis say, and I've read online, that under the Distance Selling Act I should get the shipping fee back as well as the cost of the item. The company is saying that doesn't apply in this case. Why not?

This has happened before. I argued with another online company, La Redoute, about a similar case, and eventually they agreed to pay up but only as "as a goodwill gesture". I never bought from them again.

How are they ducking out of paying what I am entitled to? I don't want to fight about £4. I just won't buy from them again.

[rockyroad]

You are only entitled to a refund of your original postage if the item you have received is not as described, broken or not fit for purpose. If you return it because you don't like the colour style or quality then the retailer is under no obligation to refund you the postage to return the item . They are not legally bound to return the original postage on items you just 'don't like' . The postage is not part of the cost of the item.

[Buenchico]

The Distance Selling Regulations no longer apply. They've been replaced by the snappily-titled Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Section 34 states:
"(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.

(3) In that case, the trader must reimburse any payment for delivery received from the consumer up to the amount the consumer would have paid if the consumer had chosen the least expensive common and generally acceptable kind of delivery offered by the trader"

http://www.legislation.gov.uk/uksi/2013/3134/contents/made

[Cloverjo]

Thanks, to you both. It seems from Buenchico's post that they should reimburse the shipping fee.
I really can't be bothered to argue with them about it, but it's unfair that companies are getting away with this.

I just won't buy from them again. They have sent me a standard "how did you like our service?" email. I might just tell them!

Thanks again.

[rockyroad]

In that case there are a lot of businesses not complying .I have just returned a faulty item bought on line and had to insist they sent me a prepaid label to return it. I got a refund minus the original postage cost of £5

[hc4361]

Name and shame, Cloverjo. What company is it?

[Buenchico]

^^^ If you were returning faulty goods, Rockyroad, then (as well as the Consumer Contracts Regulations, as above) you've also got the protection of the Consumer Rights Act 2015 to rely upon.

That states that whatever you paid out to get the goods (including,for example, carriage costs) must be returned to you:
http://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

[hc4361]

Under the current law that Buenchico has referred to, the store must refund the cost of delivering the goods to you but you have to pay to return the goods to them.

If the store gives you a delivery option they are only obliged to refund the amount of the cheapest option, even if you chose the most expensive.

Of course, if the store advertises 'free delivery' and/or 'free returns' they must abide by that.

If the goods are faulty or not as described then the seller must refund all costs including return postage.

[Cloverjo]

They are called Wayfair, hc4361.

[hc4361]

They are breaking the law:

"Non-returnable Items. We cannot accept returns on some items such as custom, special order, or clearance...."

Custom items are excluded but clearance items most certainly are not.