Will not refund P & P under DSR/Consumer Contracts

For the first time I have been refused a refund of my P&P under DSR/Consumer Contracts. I have returned cosmetics before and always had the original postage refunded but have been told that because I have tried the LAB teeth whitening kit they will not refund because it reduces resale value!!
I don't know if this has been dealt with by a rogue customer service person who is mistaken or if I have just been lucky in the past.

I think QVC are acting within the Consumer Contracts Regulations. I think you've been lucky in the past if you have returned used make up and it has been treated as a return under CCR/DSR. You are certainly entitled to the cost of the item being refunded under their 30 day returns policy but that does not include postage. I think you have to be fair. They can't re sell a teeth whitening product that has been opened and used and neither could any retailer.

Your right to a refund

You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.

Refunding the cost of delivery

The trader has to refund the basic delivery cost of getting the goods to you in the first place, so if you opted for enhanced service eg guaranteed next day, it only has to refund the basic cost.

Exemptions

There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel.

These include, CDs, DVDs or software if you've broken the seal on the wrapping, perishable items and tailor-made or personalised items. They also include goods with a seal for health protection and hygiene reasons that's been broken.

Also included are goods that have been mixed inseparably with other items after delivery.

amelia said:

For the first time I have been refused a refund of my P&P under DSR/Consumer Contracts. I have returned cosmetics before and always had the original postage refunded but have been told that because I have tried the LAB teeth whitening kit they will not refund because it reduces resale value!!
I don't know if this has been dealt with by a rogue customer service person who is mistaken or if I have just been lucky in the past.

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To return under CCR the item cannot have been used and as it has you can return it to Q under their 30 day MBG but you will not get postage refunded.

I would say the OP's expectation of a refund of postage in this instsance was a wild over estimation.

CC

You can only get a p&p refund if the goods are as new. You won't get one for the teeth whitening gadget as you have used it. You also shouldn't get p&p refunded for used cosmetics, clothes, etc.

This has popped up a few times on the QVC Facebook, people tried cosmetics and been refused p&p. In fact, a few even had the product returned back to them as they used too much product!

With cosmetics, they must be unused and in original packaging. It is different trying on clothes at home and returning.

I always get the p&p refunded If is is in the original condition.I would not expect a refund if it was obvious I had used it i.e as with cosmetics.

Silver Fox said:

I always get the p&p refunded If is is in the original condition.I would not expect a refund if it was obvious I had used it i.e as with cosmetics.

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Do you return it as normal. Or do you have to fill out a form.
The only reason for asking, is when I have returned an item that I haven’t used I never get the P&P back.
Many thanks

I just email QVC to say I'm cancelling the under under CC regs and they reply confirming they'll refund the price and the original p&p. Just send the item back as normal with the same invoice slip and label. You still pay the return postage though. I email them via [email protected] rather than the website's contact form so I have record of the sent message.

Yes, you must tell QVC you are returning under CC regs. Otherwise, QVC will never just refund you. Because people did not know about this ruling for years QVC got away with not refunding the p&p.

I can see it being a potential problem for those who do not have access to the internet but information on cancelling an order has always been published on the QVC website.

Some people will have read that information or been aware of it by other means, some obviously not but if the information has always been there and people don't read it for whatever reason I'm not sure too much criticism can be aimed at QVC in those circumstances. Hopefully this thread will assist others unaware of their consumer rights.

what about trying a shade of make up out if you bought it from a shop you would have had a chance to try it out before you purchased it

tabatha said:

Do you return it as normal. Or do you have to fill out a form.
The only reason for asking, is when I have returned an item that I haven’t used I never get the P&P back.
Many thanks

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I just return as usual but in within the first 7 days.I get something know it is not what I want & return straight away.I have returned 3 items recently so will see how that goes.I have to admit I am not the best person to be ‘on the ball’ for this part of thing!

amelia said:

For the first time I have been refused a refund of my P&P under DSR/Consumer Contracts. I have returned cosmetics before and always had the original postage refunded but have been told that because I have tried the LAB teeth whitening kit they will not refund because it reduces resale value!!
I don't know if this has been dealt with by a rogue customer service person who is mistaken or if I have just been lucky in the past.

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Does it sound reasonable to expect to be able to not only unwrap and inspect, but to actually make use of a product and also retain the right to send the partially-used product back for a full refund AND have your outward postage refunded?

Legally, you have a right to cancel the contract for whatever reason up to 14 days after delivery, and you then have a further 14 days to return the item for a full refund AND outward postage. But if you have handled the item more than a reasonable person would in order to inspect it, the seller is permitted to deduct an amount for 'reduction in value'. That seems fair to me.

This is one of those cases where the Q actually offers good service - the ability to return partially-used goods for up to 30 days for a full refund is a customer service benefit, not a legal obligation. Just so long as you don't return 51% of the items ordered - then the Q's largesse diminishes.

Craftalot said:

Does it sound reasonable to expect to be able to not only unwrap and inspect, but to actually make use of a product and also retain the right to send the partially-used product back for a full refund AND have your outward postage refunded?

Legally, you have a right to cancel the contract for whatever reason up to 14 days after delivery, and you then have a further 14 days to return the item for a full refund AND outward postage. But if you have handled the item more than a reasonable person would in order to inspect it, the seller is permitted to deduct an amount for 'reduction in value'. That seems fair to me.

This is one of those cases where the Q actually offers good service - the ability to return partially-used goods for up to 30 days for a full refund is a customer service benefit, not a legal obligation. Just so long as you don't return 51% of the items ordered - then the Q's largesse diminishes.

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I remember them saying that you could use it ALL and still return for a full refund

donna255 said:

Yes, you must tell QVC you are returning under CC regs. Otherwise, QVC will never just refund you. Because people did not know about this ruling for years QVC got away with not refunding the p&p.

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Ive just returned a Joules top because it was too big and I had an email to say that they would be making a refund and it included the postage. I didnt have to fill in a form.

Before the CC Regs were introduced I only received a refund of the item cost if I returned something because I'd changed my mind. For the past four years I've always received refunds that have included the p&p & I've never contacted them to say I'm sending something back. Having said that I don't buy much from the Q & never buy on a whim so my few purchases have been keepers.

puffin48 said:

Ive just returned a Joules top because it was too big and I had an email to say that they would be making a refund and it included the postage. I didnt have to fill in a form.

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Yes I returned 2 items and the refund includes the P&p. I did return 1st class post within 7 days of receiving if that makes a difference ( & that costs of course!)

stratobuddy said:

I remember them saying that you could use it ALL and still return for a full refund

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Yes, the presenters did say that but total crap it seems. I have said before reading replies from QVC Facebook to people they have the formula to work out how much product a normal person should use within the 30 days. If you used more then they send it back to you and no refund. No, they did not use the whole thing up but according to QVC too much.


In the US, you can buy makeup in stores tried and then just return for full refund if you don't like. Not in the UK, some brands if you have been matched to the wrong shade with accepting back no problems. It is well known on many forums to say the product broke you out to get a refund from those brands who do not accept back.

Clarins and Charlotte Tilbury now give samples of shades of foundation with a full bottle to try before you buy online. If not the right shade they return the bottle unopened and they will send the correct shade.