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Is Wowcher responsible for refunding return cost?
LEAD CASE
Q I recently bought a refurbished HP Pro x2 12in laptop-tablet through a Wowcher deal from a company called Solatek (https://solatek. co.uk). The device was stated as having an Intel i5 processor, but it actually has an Intel M3-7Y30, which is less powerful.
I went through Wowcher’s returns process and was told that I’d have to pay to send the device back and I wouldn’t be able to claim a refund for this delivery fee. However, I thought the seller must pay to receive goods being returned when they’re not as described. Is this true? And who is the seller – Wowcher or Soltek?
George Smith
A To answer George’s first question – yes, the seller must refund delivery costs if you return an item that’s not as described. But it’s less clear which company would pay George that refund.
Wowcher, like its main rival Groupon, partners with businesses to offer daily deals at often big discounts. You buy a voucher to redeem with the retailer or supplier whose goods you want to buy. If you don’t use the voucher, you can get a full refund within 14 days. After this, Wowcher will give you credit towards another voucher.
If you have redeemed the voucher, then responsibility for refunds switches to the retailer/supplier. Benchmark tests show that the Intel i5 processor advertised is faster than what he received (www.snipca.com/48948), so he’s got a strong case against Solatek. We’ll ask it to confirm that it will refund his delivery costs. It must also refund the full cost of the computer because under the Consumer Rights Act it’s not as described.
CASE ONGOING
Should Temu refund me if delivery is late?
Q I ordered some items from Temu (www.temu.com) on 30 December, with delivery estimated around 15 January at the latest. But I still haven’t received my order. Can I get my money back?
Sharon Styles
A No, Sharon wouldn’t be able to get her money back until 29 January, which is when the item would be legally considered late. Although Temu is a Chinese company, it’s covered by the UK’s 30-day delivery rule. This applies to all items bought ‘at a distance’, such as online, over the phone or by catalogue. Temu delivers items from China, so some are bound to arrive close to this 30-day deadline.
Legally, the word ‘estimated’ is seen only as a guide to when delivery is expected. The only reason Sharon would be able to seek a refund is if she had
