Faulty item from clothing website, who must incur returns cost?

DesperateDan

I know this has probably been asked a million times so sorry for that but I can't quite find the answer.

The gf bought something on euro.dorothyperkins.com and it arrived with a big hole in it. She sent it back and they refunded her the item cost but not the shipping. It says all over the site if you are returning an item you incur the shipping, but if the item is faulty there seems to be some ambiguity here.

CPCC says you get the shipping back

If you bought something from an EU-based website and you have to return the item because it is faulty, the business has to pay for any return shipping costs.

Their own terms contradict themselves, in the Right to Cancel section it says for faulty returns you incur the return cost, but then further down says:

We will refund to you the price paid for the items and (unless you did not pay for delivery) the delivery charges that you paid up to a maximum amount of the cost of our Standard Delivery option.

Are they actually breaking the law saying they won't return the shipping fees even though the item was faulty?

Spocker

Seems if you contact their Customer Care team they will reimburse you? http://help.dorothyperkins.com/system/templates/selfservice/dorothyperkins/#!portal/403700000001068/article/Prod-7620/I-have-received-an-incorrect-item-or-my-item-is-faulty-will-I-have-to-pay-to-return-it

DesperateDan

Thanks Spocker the mystery deepens this is yet another link on top of the the previous one (and their faqs) which basically say the same thing.

I will mail them and tell them I think they are breaking the law refusing to refund the shipping back and see what they say. She also wants the shipping back she paid to receive the item in the first place, I wonder if she is supposed to get that back by law as well..

Suffice it to say I certainly wouldn't be this bothered about €12 myself but it really does look like they are at best breaking their convoluted terms, but possibly breaking the law here as well

BeardySi

From your FAQ link:

wrote:

If your item is damaged or faulty, and it is the only item on your order, we will refund your postage costs.

If you have kept any items on your order, we will not be able to refund your postage.

That refers to the initial postage.

wrote:

Unfortunately you will need to pay to send the item back but don't worry, if you let your Customer Care team know how much you paid and provide them with a valid proof of posting certificate, they will reimburse you for these return postage costs.

That refers to returns postage.

Nobody's breaking any laws and they're acting entirely properly. You pay to return the faulty item and if it turns out to be faulty they'll refund your your shipping costs. Some retailers will give a shipping label for faulty/damaged goods, but they're not obliged to, otherwise it would be open to abuse as a means to get free return postage...

dudara

Think about it. The consumer should not be out of pocket for faulty goods. This covers both the cost of the goods and the cost of postage/delivery.

DP should refund the cost of the original shipment (assuming that your friend didn't keep any other items) and they should also refund the cost of returnin the item to them

DesperateDan

Thanks, yeah they are pretty clearly saying they won't refund the return shipping cost back or the initial shipping. They are sorry etc. but it's "in their terms and conditions". Before the return they asked for a picture of the damage, after that was sent they didn't even acknowledge it.

Told them I think it is against the law to refuse to return any shipping costs so we will see what they say. This has actually gone on 2 weeks now with about 10 mails so in fairness they should be offering her a voucher or something because right now she won't go near them again after this

Spocker

Get some consumer help, either here or here

dudara

Their Ts&Cs cannot supercede consumer law, so they are wrong. I’d start engaging with them pivlically on social media (Facebook, Twitter etc). Or ask your bank to perform a chargeback