Who pays for postage when returning an item?

[YMW]

Does the retailer pay for return postage of an item or the buyer?
Is there a legal requirement or is it down to the retailer's choice?
I know for eg that I recently returned something to Amazon and as it was their fault for sending the wrong item they payed for return postage, however I just read on a site that the buyer has to pay return postage even if it was the retailer's fault for sending the wrong item or a damaged item.

I would think if a seller sends the wrong item that they should pay the return postage but if the buyer wants to return something because they don't like it then they should pay the return postage.

What do you think?

 

[autolycus]

IANAL, but I think that broadly speaking if a customer returns something just because they change their mind or don;t like it then they have to pay return postage.

If the otem is returned due to a shipping error, faulty goods, etc (i.e. something that is down to the merchant) then the customer does not have to pay the return shipping costs.

That, however, does not stop a lot of retailers claiming otherwise. I had a lengthy argument about this once with www.scan.co.uk who wanted me to pay to return a faulty item to them. They eventually gace in when I told them the law required them to pay. (NB I can't remember now if I actually checked the legal situation before saying this, but it worked anyway). :wink:

Maybe ask this question in Legal so Jonathan sees it....

 

If the item is faulty, or the wrong goods are sent, then the seller should pay for postage.

If the buyer has simply changed their minds, then they should cover postage costs and the seller only reimburses them (cost of order minus P&P), when the goods arrive back safely and in their original condition.

 

[bwglaw]

The following link may be a useful read:

DTI - Distance Selling and Ecommerce

DTI - Sale and Supply of Goods

The above may not answer your question directly but:

Reg.8(2)(b)(ii) of the Consumer Protection (Distance Selling) Regulations 2000 states that: information as to whether the consumer or the supplier would be responsible under these Regulations for the cost of returning any goods to the supplier, or the cost of his recovering them, if the consumer cancels the contract under regulation 10;

I do not specialise in Consumer Law therefore I would need to do further research to address any of the specific points in your original post, but as a general rule I would suggest that you meet postage cost of any damaged items returned, provided they are returned within 7 days. As you will see above, you need to make it clear to your consumers what your returns policy is.

 

[crus]

As HandsOn says,

the distance selling act is key, you must stipulate your returns policy, otherwise it defaults to some outrageous timescales. Firm but fair was the route we took. Once you have it sorted, squeeze it on a sheet of a run a remm through your printer and then reload it so that its on the back of every invoice. Make sure this info is on the site as well. Not a legal boffin, but had to sort this out for our etail stuff previously.

D

 

[365drills]

I am a little bit confused. Please help!

Our customer wants to return goods that he does not want (for whatever reason) and within the 7 day distance selling rules.

What they want is a FULL refund for the cost of the goods plus the outbound postage. (Which we intend to do).

PLUS the customer wants us to PAY HIM to send it back.

My dilema is this (Note we have told him no chance) Am I expected

a) To send him a cheque to cover his postage costs.
b) When I click the refund button in Streamline is it possible to refund MORE than the 100% sale so that the customer gets money put onto his card.

So in other words the goods and postage came to £99 plus £10 pp. Total £109. Return postage £10. Can I refund him £119.

c) Do I have to arrange a courier to collect and then bill me.

At the moment we are just ignoring his threats....

=========================


Hello Richard,

Following on from our conversation this morning, I have been advised by Citizens Advice to put my complaint in writing, so that we are all aware of the situation and have a written record of the correspondence. You may wish to know also that they have made Trading Standards aware of the misleading advertising on your website.


As you can see from my original email dated 5 April, I am aware that the design can change. It is for this reason that I contacted you to ascertain what the current design was, before deciding whether or not I wished to place an order. I clearly expressed my desire to know the current design


This was your opportunity to inform me that the two different products were not of the same design.

Under the 1979 Sales of Goods Act, it is your duty to provide products as you yourself describe and advertise. To rely on the small print somewhere on your site stating that designs are subject to change, you give yourself the ability to send out anything, irrespective of what the customer may think they are ordering.

This is highly unfair. And, especially when I made all reasonable effort to find out what you are offering to send me.

If, for whatever reason, you were unable to send me the advertised product, it was your responsibility to inform me that what I had ordered in good faith was unavailable and to give me the option to reconsider my purchase.

I hope that you can now recognise the confusion that has arisen and also that I did what I could to make sure I received what was advertised and what I wanted.


I appreciate your offer of a full refund including the postage costs, but as the confusion is down to error on your part, I would appreciate a refund of the return postage.


Please find attached a screen grab from your sight showing the misleading sentence, along with the photograph you sent me depicting the 'current' design of your standard and small boards, and photographs of the boards I actually received.


I kindly ask that you look to rectify this situation and at least respond to this email before Tuesday 16th April, after which I will be forced to take the matter further.


In anticipation


(Name withheld from forum post)

 

[JMRidley]

365drills - From reading the email from your customer I would be inclined to say that you should refund the return postage also. We only expect the customer to pay the return postage if they have got exactly what they ordered, there is no fault with it and they have just changed their mind. With regard to how to pay for the return postage, we use streamline and you can't refund as far as I'm aware, more that the original payment. You can do any of the following:

1. Send them a payment via paypal if they have a paypal account (most of our customers seem to have one these days)
2. Send them a return label (could just be stamps to the required value)
3. For a large item, arrange for a courier to collect
3. As a last resort - send them a cheque

 

[alwaysinamess]

Unless there is any feedback (ebay / Amazon) involved then I would make them pay, they wont take you to court over a postage cost, I think they are usually happy enough to get there money back.

Otherwise its down to how you feel, This is how I decide what to doand if you feel you wronged them and feel bad then offer to pay it or arrange the collection.

Make sure you ask customer to pack it well.

 

[Anonymouse72]

Unless there is any feedback (ebay / Amazon) involved then I would make them pay, they wont take you to court over a postage cost, I think they are usually happy enough to get there money back.

ok they probably won't take court action, but they will bad mouth you at every opportunity they get all over the internet. is it really worth it?

for the sake of an additional £10 return p&p & based on the info provided, i'd be refunding their costs on this occasion.

 

[Talay]

Unless there is any feedback (ebay / Amazon) involved then I would make them pay, they wont take you to court over a postage cost, I think they are usually happy enough to get there money back.

Otherwise its down to how you feel, This is how I decide what to doand if you feel you wronged them and feel bad then offer to pay it or arrange the collection.

Make sure you ask customer to pack it well.

Truly bad advice.

For the sake of £10 you risk them hitting every forum, including this one and bad mouthing you for years.

Businesses have been destroyed for factual, not malicious comments posted on Trip Advisor.

When you have screwed up, pay to keep it quiet. In this instance, I'd send a courier to pick it up.

 

[arcon5]

This isn't a DSR issue, the goods are not as described therefore the buyer has the right to reject them for a full refund.

Sales of goods act also states a) the seller must bear any necessary cost; and b) the buyer is not required to restore the goods to the seller but must reasonably make them available for collection.

It's unlikely you can refund more than the total payment amount to the customer. BACs, cheque or something

 

[arcon5]

In addition...
The buyer says he emailed you to confirm the current design and placed the order based on information you provided, he subsequently received a different design.

If this is true then the buyer is not only within his rights under consumer protection legislation, but is also in no way being unreasonable in wanting you to pay return costs. The buyer hasn't received what he paid for.

 

[Deleted member 59730]

If the item is faulty, or the wrong goods are sent, then the seller should pay for postage.

If the buyer has simply changed their minds, then they should cover postage costs and the seller only reimburses them (cost of order minus P&P), when the goods arrive back safely and in their original condition.

Even if it is the buyer's mistake firms like Jigsaw24 and Viking will pay postage even after a month or more. Viking took back a fax machine from me because it was too expensive in ink. As they point out, finding out what is wrong with a product is cheap market research.

 

[paulears]

Reading the letter, he would seem to have detailed the critical elements - as in it's not the product he saw on the site, and he's being very civil. Stick that in front of the judge will almost guarantee he wins - because it's not black and white evidence, but the probability of balance - and the judge will ask you if you sent him the thing in the picture. If you say yes, you win, if you say no, you lose. Pay up make the customer happy, and for a such a small sum - move on! For a country court or online dispute fee, which he'll get back from you, it's bad business to hold out for what you see as your belief you are correct!

 

[StaceyPreedy]

Generally it's up to the seller, all delivery information should be made clear but I usually believe that if someone running a business doesn't bother to make their policy clear they should out of business etiquette pay for the return of the item themselves. If it states who pays then that's just how it is, always read everything before making a purchase.