Next fails to refund delivery charges for online returns

A BBC investigation has found that Next has been breaking consumer law following on from the recent ECJ case (click here for more information).

Under the distance selling rules sellers must repay in full the purchase and delivery charge when a consumer exercises (within a 7 working day “cooling off” period) his or her right to return goods purchased online, by phone or by post or other form of distance purchasing.

Next has breached the rules by failing to refund the cost of delivery charges incurred by the consumer, even where a consumer has returned the goods within the “cooling off” period.

A spokesman said: “Next is in the process of implementing the necessary changes to ensure that delivery charges will be refunded”.

Despite charging for delivery, consumers have not had to pay to return goods to Next. Whilst there is no obligation to offer free returns under the distance selling rules, if the seller wants the customer to pay for the cost of returning goods, this must be clearly set out in the contract. If it is not, the seller cannot expect the consumer to pay! 

For more information on Distance Selling Regulations or selling over the internet, please click here or contact Michelle Craven or Shelley Marshall.