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Old 05.08.2015, 02:11
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Shop doesnít refund delivery costs for returned product - can they do that?

Hello,

It was a very hot weather a few weeks ago and Iíve bought a mobile air conditioner in one shop. The seller offered a free delivery into the apartment, so it was a good deal. The delivery by their transport partner supposed to be in a few days.

The transport company didnít call me, so after one week I called up the shop asking when the device will be delivered. The answer was they will check with the transport company. Another few days, the same story - I called, they promised to check, no news. In another few days I called again, in this case it was another person on the line and he promised to call back the same day.

Later he called me and said that all the devices of this model in their affiliate were sold out and as I understood he still can bring one from somewhere else. We agreed on the delivery time but when the device came it appeared to be a completely different model. We had a call right away where he said that he told me that this would be not the same model but the same power (my German is not very good, also I was outside on a loud street, so I could mishear). I didnít want the model I didnít know, so after a few minutes of emotional discussions we agreed on money back. The delivery guy who brought the device took it back.

When I came to the shop to get back the money the seller said that he can refund the money I paid minus delivery costs (100 fr) - he paid it to the delivery partner, so the device could be delivered the same day.

Question - are they allowed to deduct those 100 fr?

Thanks a lot in advance for helpful answers!

Dre
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Old 05.08.2015, 07:53
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

Which shop and how did you pay ?

Also did you really agree to a different model as he claims?
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Old 05.08.2015, 08:00
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

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Question - are they allowed to deduct those 100 fr?
Yes.

Tom
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Old 05.08.2015, 10:57
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

I paid by credit card. The conversation was by phone, I could misunderstand that he offered not the same device but another device with the same power. Anyway I agreed on that. I didn't know that then he paid for the delivery to the transport partner, I thought it would be free delivery as was agreed at the first place.

The new device had the same list price, the delivery guy along with the new device brought a new invoice where there was a discount of 100 fr which as I understood the seller paid to the delivery partner
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Old 05.08.2015, 10:59
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

Does the invoice say the delivery is free or did he just say that orally?

If the invoice says delivery is free, I don't see on what basis they can charge for it.
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Old 05.08.2015, 11:05
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

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I paid by credit card. The conversation was by phone, I could misunderstand that he offered not the same device but another device with the same power. Anyway I agreed on that. I didn't know that then he paid for the delivery to the transport partner, I thought it would be free delivery as was agreed at the first place.

The new device had the same list price, the delivery guy along with the new device brought a new invoice where there was a discount of 100 fr which as I understood the seller paid to the delivery partner
Delivery is free if you buy the product...... Clearly it's an expense to the shop, why should they pay because you changed your mind.

Funny thing is during a heat wave air con units sell out quickly, if you want an exact model buy early to avoid disappointment.
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Old 05.08.2015, 11:20
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

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I paid by credit card. The conversation was by phone, I could misunderstand that he offered not the same device but another device with the same power. Anyway I agreed on that. I didn't know that then he paid for the delivery to the transport partner, I thought it would be free delivery as was agreed at the first place.

The new device had the same list price, the delivery guy along with the new device brought a new invoice where there was a discount of 100 fr which as I understood the seller paid to the delivery partner
Blaming poor German and a loud road is not a valid excuse... you verbally agreed to buy the replacement model and it was duly delivered to you. You then decided to back out of the agreement and there is no reason the seller should have to pay again for a contracted delivery man to come back and pick up a large item in good working condition to return it and then pay for that themselves.
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Old 05.08.2015, 11:28
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

after you turn into hulk could you also pop into interdiscount and tear their place to pieces because they're assh0les. thanks.
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Old 05.08.2015, 11:36
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

I've never seen anything other than that return costs are paid by customer.

As for the delivery cost, not sure. Since the sellers margin is used to finance delivery, yet there's no sale since you backed out of the purchase, I tend to agreeing with the seller.
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Old 05.08.2015, 11:43
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

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Blaming poor German and a loud road is not a valid excuse... you verbally agreed to buy the replacement model and it was duly delivered to you.
No. Dre0 thinks it's possible that he misunderstood due to loud road and not perfect German, but he doesn't know that for sure. Therefore it's only possible that he agreed to buy the replacement.

Three scenarios.

1. The seller didn't mention that it's not the same model. He might have thought he did, but is mistaken. He might have assumed that Dre0 would accept the replacement on the grounds that it's just as good.
2. As 1, but the seller knows he didn't mention the new model and is blagging.
3. The seller did say it's a different model, but Dre0 didn't understand that and agreed to the replacement.

I see no reason at all for Dre0 to give the seller the benefit of the doubt if the seller cannot prove that he agreed to the new model. If he did agree to the new model, then why would the seller agree to take it back? If the seller took it back out of goodwill, then he should certainly have mentioned the delivery costs at the time. It seems to me it's all or nothing.
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Old 05.08.2015, 11:44
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

In my experiences..nobody ever reimburses the cost of sending anything back.. regardless of the cause.

It's really frustrating and part of the risk of buying things online.

I recently ordered a bike lock holder from bikester.ch... they sent me 2 mudguards !!! Of course they reimbursed the costs of the lock holder (about 25chfs) but not the postage to send back the mudguards..(about 7chfs).. so.. I have 'nothing' but a 7chf deficit.
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Old 05.08.2015, 11:48
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

Some companies do refund return transport costs but not all. It is worth contacting your credit card company. It may be covered under their consumer protection and they could dispute it for you if you have failed to get a refund
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Old 05.08.2015, 12:14
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

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No. Dre0 thinks it's possible that he misunderstood due to loud road and not perfect German, but he doesn't know that for sure. Therefore it's only possible that he agreed to buy the replacement.

Three scenarios.

1. The seller didn't mention that it's not the same model. He might have thought he did, but is mistaken. He might have assumed that Dre0 would accept the replacement on the grounds that it's just as good.
2. As 1, but the seller knows he didn't mention the new model and is blagging.
3. The seller did say it's a different model, but Dre0 didn't understand that and agreed to the replacement.

I see no reason at all for Dre0 to give the seller the benefit of the doubt if the seller cannot prove that he agreed to the new model. If he did agree to the new model, then why would the seller agree to take it back? If the seller took it back out of goodwill, then he should certainly have mentioned the delivery costs at the time. It seems to me it's all or nothing.
Yeah, but no.
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Old 05.08.2015, 14:40
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

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In my experiences..nobody ever reimburses the cost of sending anything back.. regardless of the cause.

It's really frustrating and part of the risk of buying things online.

I recently ordered a bike lock holder from bikester.ch... they sent me 2 mudguards !!! Of course they reimbursed the costs of the lock holder (about 25chfs) but not the postage to send back the mudguards..(about 7chfs).. so.. I have 'nothing' but a 7chf deficit.
Its not free to go to a shop twice either !
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Old 05.08.2015, 14:54
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

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In my experiences..nobody ever reimburses the cost of sending anything back.. regardless of the cause.

It's really frustrating and part of the risk of buying things online.

I recently ordered a bike lock holder from bikester.ch... they sent me 2 mudguards !!! Of course they reimbursed the costs of the lock holder (about 25chfs) but not the postage to send back the mudguards..(about 7chfs).. so.. I have 'nothing' but a 7chf deficit.
Several online shops do offer free returns, particularly for clothes - Zalando is probably the best known.

I've had the incorrect items sent in the past, and simply demanded a refund and written confirmation they would refund the return postage, or send me a prepaid box/bag, before I sent anything.

The official line is that you could simply throw them away if they are unsolicited (https://www.konsum.admin.ch/en/faq/5...d-goods/#c1206), or notify the sender if it's a mistake.
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Old 05.08.2015, 15:05
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

As you paid by credit card speak with them and let them sort it out.
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Old 05.08.2015, 21:12
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

Sorry if I was not clear about some points.

The shop is not just an online shop but one of the big chains of stores selling electronic goods. I bought the device in one of their real shops and got there the invoice with free delivery explicitly mentioned.

The delivery guy who brought the different device was waiting while we were discussing the situation with the seller over phone. Then the delivery guy took the device back, so there was no 2nd visit.

As I wrote I could misunderstand about another device but for sure there was no info about delivery costs of 100 fr
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Old 06.08.2015, 07:10
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

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Sorry if I was not clear about some points.

The shop is not just an online shop but one of the big chains of stores selling electronic goods. I bought the device in one of their real shops and got there the invoice with free delivery explicitly mentioned.

The delivery guy who brought the different device was waiting while we were discussing the situation with the seller over phone. Then the delivery guy took the device back, so there was no 2nd visit.

As I wrote I could misunderstand about another device but for sure there was no info about delivery costs of 100 fr
So then do a charge back on the credit card, and then challenge the delivery fee. More than this we can't help you with, we don't have a magic wand and we are not Swiss legal experts.
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Old 06.08.2015, 07:37
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

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we don't have a magic wand and we are not Swiss legal experts.
Speak for yourself - my wife is a Swiss legal expert - and she says I have a magic wand
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Old 06.08.2015, 07:45
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Re: Shop doesnít refund delivery costs for returned product - can they do that?

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Speak for yourself - my wife is a Swiss legal expert - and she says I have a magic wand
Sounds like typical legal wrangling to me. What she actually means is "I wish I could wave a magic wand and give you more..."
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