Jigsaw- T&Cs and distance selling

[sallyannspans]

Any legal bods out there?
I'm having a conversation with Jigsaw because I am sure their T&Cs re, refunds of P&P are incorrect. Having just checked the Which site and distance selling law, it says that refunds of P&P must be made for goods returned (in the past it used to say if the entire order was returned but can't see that now.)

Jigsaw are saying that as they provide a free returns label for their items, this means they don't have to refund outward P&P costs. But the consumer law makes it quite clear they have to and that any company's T&Cs cannot override law (surely?)

Does anyone know anything more about this and do other companies that do distance selling- eg M&S, Boden, House of Fraser etc- refund P&P?

Jigsaw has agreed to refund it for me this once but I'm not convinced they are legally in the right. I usually order stuff from them via JLewis and therefore don't pay postage but JL doesn't always have the full range.

I think you are right. I'm sure you are entitled to return an item and expect a refund for the full amount paid including shipping.

Interesting question - I've been wondering the same, having just returned something to Office and not been refunded the p&p (although they haven't charged me for the return). There are lots of retailers who charge for p&p but not returns, or will refund p&p but charge for returns. Very few IME (but they are certainly the ones I prefer to shop with) deliver and return without charging either way, irrespective of what the law might be.

I don't know what the law is but surely it depends why you are returning, e.g I buy a pair of shoes for £50 + £4 postage, if they are faulty and I return I would expect a full refund, but if I just don't like them why should it cost the company £4 to let me look at them/try them on?

But by providing a free returns label, they are in effect refunding your p and p aren't they?

Under the Consumer Contracts Regulations (came into effect last year) you have a right to cancel the contract for an online purchase within 14 days of receiving the goods. The seller needs to refund the full amount paid, including delivery costs (if you paid for special or faster delivery they only need to refund the basic delivery fee). The return delivery normally has to be covered by the buyer, BUT only if the seller made this clear in the T&Cs at the time of purchase. If not, then the seller has to cover return delivery as well. See here for a good summary (scroll down to the section on distance selling): MSE

Most online clothes retailers either have free delivery but you pay your own returns, free returns but you pay for delivery, or free delivery and returns. Some make you fork out for both, but they tend to be small boutiquey type places, not mainstream.

But there aren't any clothes shops I can think of that return your outward postage if you return an item, regardless of whether you have free returns or not, unless it's actually faulty.

That may not be the regulations, but I buy a helluva lot of clothes online and that's how the places I use operate.

Op, it is on the jigsaw website under delivery and returns, then 'how do I cancel my order' at the bottom (iPad won't let me link!). As pp said, retailers are legally obliged to refund postage costs if you are returning an online order (but not if you're only returning part of an order)

I think under the distance selling regulations, you have to specifically say you are returning under the distance selling regulations to be entitled to a refund of p&p.

Were you returning the entire order though OP?

AlittleLemonT wist- I think they way they are 'getting round it' is by not making it clear that you have to cancel your order - by email or letter- within 7 days. If you simply return the goods and don't write to cancel the order, then they are not refunding P&P. Most people would infer that cancelling your order was what you did before it arrived- not after.

I found something online about this- BBC news a few years back - which stated quite clearly that Next had been breaking the law for a long time because they had not refunded the P&P and that having a free returns system did not in any way counteract that.

I was returning the whole order. Clearly if you keep one item out of 10 and expect a refund for P&P that would be unreasonable.

NEXT here

Ok. It was just that your OP talked about a distinction for whole orders but didn't specifically say what you'd done (unless I misread )

I've had this problem before, and it is in the wording and difference in the T&Cs between cancelling and returning the order. Even though you would think you are cancelling the order by returning the goods, apparently it's not the same thing!

This only applies to the P&P you paid to have the item delivered. They don't have to refund return delivery charges unless they say they will, or they provide a free returns label.

To stand corrected, Office have in fact now charged me for the return as well as not refunding the postage. Clearly it's not just small retailers that do this! It's pretty short sighted of them really - having made the mistake once I certainly won't be shopping with them online again.